JOSEPH F. LEESON, JR., District Judge.
Plaintiff Robert Williams alleges that during his term of incarceration at the Curran-Fromhold Correctional Facility ("CFCF") in Philadelphia, Pennsylvania,
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A disputed fact is "material" if proof of its existence or nonexistence might affect the outcome of the case under applicable substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). An issue of material fact is "genuine" if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id. at 257.
The party moving for summary judgment bears the burden of showing the absence of a genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Once such a showing has been made, the non-moving party must go beyond the pleadings with affidavits, depositions, answers to interrogatories or the like in order to demonstrate specific material facts which give rise to a genuine issue. Fed. R. Civ. P. 56(c); Celotex, 477 U.S. at 324; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (stating that the non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts"). The party opposing the motion must produce evidence to show the existence of every element essential to its case, which it bears the burden of proving at trial, because "a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Celotex, 477 U.S. at 323.
Williams's initial complaint was dismissed for failure to state a claim, with leave to amend. See Order dated March 20, 2017, ECF No. 4. Williams thereafter filed an amended complaint, see Am. Compl., ECF No. 9, which all Defendants moved to dismiss. However, the proceedings were stayed when the case was referred to the Prisoner Civil Rights Panel to attempt to aid Williams in finding an attorney. See ECF Nos. 12, 16, 21. When no attorney agreed to represent Williams, the stay was lifted and the case proceeded to discovery. PPS Defendants and Corizon have since filed motions for summary judgment. See ECF Nos. 46-51.
The Amended Complaint asserts three counts. See Am. Compl. First, Williams alleges that PPS Defendants breached their duty to protect him by triple-celling him in unsanitary living conditions, and subjected him to constant lock-downs. See id. Second, Williams alleges that Corizon was deliberately indifferent to his medical needs by delaying treatment for his rib injury until the evening after his early morning fall and then providing only pain relief but no diagnostic testing.
Williams was incarcerated in the PPS from February 2015 to July 12, 2016. See Pl.'s Dep. 8:8-18, ECF No. 46-2. During his incarceration, Williams never saw or had any interactions with Nutter or Giorla. See Pl.'s Dep. 10:5-11:5. Williams did see Delaney walk through the prison, but testified that Delaney did not "even walk on the blocks to see how the blocks are running [he] just walk[ed] around the bubble and le[ft] right out." See Pl.'s Dep. 10:5-11:20. Williams never had any personal interaction with Delaney. See id.
There is little or no evidence in the record regarding how long Williams was housed in each type of detention and/or cell. In fact, the Amended Complaint only refers to Williams being triple-celled between February 2015 and June 2015. See Am. Compl. ¶¶ 9-23, 41-42. Over the course of those four months, Williams was in a three-man cell for approximately one month until he was transferred to a four-man cell, allegedly in retaliation for filing grievances. See id. ¶¶ 9-13, 16-17. Two months later, Williams was transferred to the Detention Center, again allegedly in retaliation for filing grievances. See id. ¶ 41. After a one-day stay in medical a few weeks later, Williams was transferred back on June 4, 2015, to the same four-man cell. See id. ¶¶ 42-43. Although there are no other details about the housing placements in the record, in light of Williams's pro se status,
There is also a lack of evidence regarding Williams's living conditions. Aside from Williams's statement that he was subjected to "constant lock-downs," see Am. Compl. ¶ 19, he offers no details about the length or frequency of such lock-downs. It is clear from the record, however, that "constant" does not literally mean every day, as Williams testified about leaving his cell for breakfast and for lunch on the day of his fall in June 2015. See Pl.'s Dep. 17:10-14, 21:3-17. Similarly, although Williams states that he was placed in a "boat" to sleep on the floor, see Am. Compl. ¶ 34, he slept in a bunk bed on the day of his fall, see Pl.'s Dep. 14:25-16:9.
On the day of his fall in June 2015,
In addition to these undisputed facts, there is also disputed evidence regarding Williams's injuries and treatment following his fall from the top bunk bed. Specifically, Williams testified that Dr. DiLauro informed him that he had three fractured ribs, but that he did not get x-rays until two months later
Assuming for the sake of argument that the conditions of Williams's triple-celling rose to the level of a constitutional violation,
A "defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior." See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). "Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence. Allegations of participation or actual knowledge and acquiescence, however, must be made with appropriate particularity." Id. at 1207-08. Additionally, a supervisory defendant may be liable under 42 U.S.C. § 1983 if the defendant, "with deliberate indifference to the consequences, established and maintained a policy, practice or custom which directly caused [the plaintiff's] constitutional harm." Stoneking v. Bradford Area Sch. Dist., 882 F.2d 720, 725 (3d Cir. 1989).
"Although a court can infer that a defendant had contemporaneous knowledge of wrongful conduct from the circumstances surrounding a case, the knowledge must be actual, not constructive." Chavarriaga v. New Jersey Dep't of Corr., 806 F.3d 210, 222 (3d Cir. 2015). Actual knowledge cannot be derived solely from grievances filed with the defendant's office. See Rode, 845 F.2d at 1208.
There is no evidence that any Defendant participated or had actual knowledge of the conditions Williams experienced. Williams testified that he had never personally interacted with, or had seen, either Nutter or Giorla. In fact, Williams testified that he did not even know who Giorla is. See Pl.'s Dep. 10:5-11:5. Although Williams testified that Delaney walked through the prison, there is no evidence that Delaney actually observed the living conditions or spoke directly with any inmate. Accord Lopez v. City of Phila., No. 13-6571, 2017 U.S. Dist. LEXIS 103270, at *12-13 (E.D. Pa. July 5, 2017) (concluding that the plaintiff alleged sufficient facts to show the warden's personal involvement in the triple-celling violation because the plaintiff spoke personally with the warden while the warden made rounds through the prison).
When relying on policy or custom under the second theory of liability, the plaintiff must: (1) identify the specific supervisory practice or procedure that the supervisor failed to employ, and show that (2) the existing custom and practice without the identified, absent custom or procedure created an unreasonable risk of the ultimate injury, (3) the supervisor was aware that this unreasonable risk existed, (4) the supervisor was indifferent to the risk; and (5) the underling's violation resulted from the supervisor's failure to employ that supervisory practice or procedure.
Brown v. Muhlenberg Twp., 269 F.3d 205, 216 (3d Cir. 2001). "[P]roof of the mere existence of an unlawful policy or custom is not enough to maintain a § 1983 action." Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d Cir. 1990). A plaintiff must also "specifically identify the acts or omissions of the supervisors that show deliberate indifference, and suggest to the Court a relationship between the `identified deficiency' of a policy or custom and the injury suffered." Cain v. Nutter, No. 16-1614, 2016 U.S. Dist. LEXIS 166071, at *7 (E.D. Pa. Nov. 30, 2016).
Although Williams alleges that there was a custom and practice at PPS of triple-celling inmates in unsafe and unsanitary conditions, there is no specific evidence in the record to support such a claim. As mentioned previously, Williams does not provide any facts regarding the length of his housing placements or of the lock-downs. Additionally, although the inmates in the same cell as Williams would necessarily have been subject to similar conditions, there is no evidence or even specific allegations regarding whether such practices were widespread and permanent, or, if they were, how long they had been occurring. See Jiminez v. All Am. Rathskeller, Inc., 503 F.3d 247, 250 (3d Cir. 2007) (holding that a plaintiff "may establish that a course of conduct constitutes a `custom' when, though not authorized by law, `such practices of state officials [are] so permanent and well settled' that they operate as law" (quoting Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 (1978)).
There is also no evidence that Williams suffered an injury as a result of any custom or practice of triple-celling. See Bielevicz, 915 F.2d at 850 ("[P]roof of the mere existence of an unlawful policy or custom is not enough to maintain a § 1983 action. A plaintiff bears the additional burden of proving that the municipal practice was the proximate cause of the injuries suffered."); Losch v. Parkesburg, 736 F.2d 903, 910 (3d Cir. 1984) (explaining that where the constitutional violation is based on a policy, custom, or practice, there must be a "causal link between execution of the policy and the injury suffered"). Williams's rib injury occurred when he rolled out of the top bunk and is unrelated to the triple-celling conditions.
Summary judgment is therefore granted in favor of the individual PPS Defendants on Williams's triple-celling claims.
"Pretrial detainees may assert Section 1983 claims for inadequate medical care under the Fourteenth Amendment's substantive due process clause." Moore v. Luffey, 767 F. App'x 335, 340 (3d Cir. 2019) (citing Natale v. Camden Cnty. Corr. Facility, 318 F.3d 575, 581 (3d Cir. 2003)). Such claims are evaluated "under the same standard used to evaluate similar claims brought under the Eighth Amendment." Id. This standard has two elements: "the plaintiff `must make (1) a subjective showing that the defendants were deliberately indifferent to [his or her] medical needs and (2) an objective showing that those needs were serious.'" Id. (quoting Pearson v. Prison Health Serv., 850 F.3d 526, 534 (3d Cir. 2017)). A medical need is "serious" if it has been diagnosed by a physician as requiring treatment or is so obvious that a lay person would easily recognize the need for medical attention. See Monmouth Cnty. Corr. Inst.'l Inmates v. Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987) (citing Estelle v. Gamble, 429 U.S. 97 (1976)).
"[T]here is a critical distinction between cases where the complaint alleges a complete denial of medical care and those alleging inadequate medical treatment." Pearson, 850 F.3d at 526 (internal quotations omitted). Neither mere allegations of malpractice nor mere disagreements as to the proper medical treatment support an Eighth Amendment violation. See Lanzaro, 834 F.2d at 346. "Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment." Estelle, 429 U.S. at 106.
As to the PPS Defendants, there is no evidence that any were personally involved in Williams's medical care. See Peters v. Brown, No. 18-2796, 2019 U.S. App. LEXIS 32490, at *8-9 (3d Cir. Oct. 30, 2019) (affirming the entry of summary judgment because the prison officials were not personally involved in the plaintiff's medical care (citing Rode, 845 F.2d at 1207); Batts v. Giorla, 550 F. App'x 110, 112-13 (3d Cir. 2013) (affirming the district court's decision to grant summary judgment to Giorla, the Commissioner of PPS, because the plaintiff did not claim that Giorla had a role in providing or determining the medical treatment he received). Moreover, Williams did receive medical treatment from medical professionals. See Peters, 2019 U.S. App. LEXIS 32490, at *8-9 (holding that "a nonmedical prison official is not deliberately indifferent to a pretrial detainee's serious medical needs when the pretrial detainee was recently under the care of medical experts and the official does not have a reason to believe or actual knowledge that those medical experts or their assistants mistreated or failed to treat the pretrial detainee" (citing Pearson, 850 F.3d at 543)); McCluskey v. Vincent, 505 F. App'x 199, 203 (3d Cir. 2012) (holding that "non-physician defendants cannot be considered deliberately indifferent simply because they failed to respond directly to the medical complaints of a prisoner who was already being treated by the prison doctor" (internal citations omitted)). Accordingly, summary judgment is granted in favor of the PPS Defendants.
Summary judgment is also granted in favor of Corizon because Williams's complaint that medical failed to promptly
There is also insufficient evidence to show that Williams had a "serious medical need." Although Williams experienced pain from the fall, he was able to climb back into bed and wait for several hours until a correctional officer came by at breakfast time to hear his medical request. When Williams was not immediately treated by medical because he did not have an incident report, Williams went to lunch and then returned to his cell to wait, but did not take, or try to obtain, any pain medication. This evidence does not show that Williams's injury rose to the level of a "serious medical need." See Lanzaro, 834 F.2d at 347 (holding that the "seriousness of an inmate's medical need may also be determined by reference to the effect of denying the particular treatment" and citing examples such as delay causing "unnecessary and wanton infliction of pain" and/or "a life-long handicap or permanent loss"). Williams's claim of deliberate indifference because he was not immediately treated when first seen by medical, therefore, also fails to rise to the level of a constitutional violation. See Mesadieu v. Union Cnty., No. 17-9014, 2019 U.S. Dist. LEXIS 76287, at *10-11 (D.N.J. May 6, 2019) (concluding that the inmate's bruised ribs and severe leg pain were not sufficiently "serious" for purposes of establishing a constitutional claim for deliberate indifference to medical needs); Dzwonczyk v. Syracuse City Police Dep't, 710 F.Supp.2d 248, 268 (N.D.N.Y. 2008) (determining that the plaintiff's injuries (swollen face, two black eyes, bruised ribs, and a bruised back) may have caused great pain at the time of infliction, but were not "serious" in constitutional terms).
Finally, even if the medical staff were deliberately indifferent to a serious medical need, in order to hold Corizon liable, Williams must meet the standard of liability set forth in Monell, as discussed above. But, Williams offers no evidence, nor does he even allege, that a policy, custom, or practice of Corizon caused him constitutional harm. See Talbert v. Corizon Inc., 711 F. App'x 668, 670 (3d Cir. 2017) (agreeing with the district court that the inmate, who alleged prison medical staff were deliberately indifferent for not ordering x-rays to test for tuberculosis, "failed to state a claim against Corizon pursuant to Monell [] because he failed to allege facts plausibly demonstrating the existence of a relevant custom or policy of Corizon"). Nor does Williams offer any evidence linking any such policy, custom, or practice to the alleged constitutional violation, or showing how a final policymaker is responsible. See Beatty v. Person, No. 19-1720, 2019 U.S. App. LEXIS 31681, at *7-8 (7th Cir. Oct. 23, 2019) (granting summary judgment in favor of Corizon because the inmate failed to point to a policy that caused a constitutional injury or any evidence that a policymaker at Corizon required different care).
For all these reasons, summary judgment is granted in favor of all Defendants on Williams's second count.
Williams's third count, alleging retaliatory transfers
Filing grievances is constitutionally protected conduct. See Bullock, 611 F. App'x at 747. However, the evidence does not show that Williams suffered an "adverse action." "An inmate does not have a right to be placed in the cell of his choice." Sheehan v. Beyer, 51 F.3d 1170, 1174 (3d Cir. 1995) (citing Hewitt v. Helms, 459 U.S. 460, 468 (1983)). Thus, a transfer from one three-man cell to a different three-man cell would not deter a person of ordinary firmness from exercising his First Amendment rights. See Griffin v. Williams, No. 1:CV-10-02472, 2011 U.S. Dist. LEXIS 88524, at *18 (M.D. Pa. Aug. 10, 2011) (concluding that transferring an inmate from one two-bunk cell to another two-bunk cell in the same cell block is not sufficient to deter a reasonable person from exercising his constitutional rights). Nor did it deter Williams from continuing to file grievances. Williams's transfer to a four-man cell a month later was also not sufficiently adverse. See Smith v. Hayman, 489 F. App'x 544, 548 (3d Cir. 2012) (affirming the entry of summary judgment on the inmate's retaliation claim because apart from temporal proximity, the plaintiff failed to provide any evidence probative of retaliation, nor did he show that transfer from a single cell to a double-occupancy cell was such that a person of ordinary firmness would have been deterred from exercising his constitutional rights).
Moreover, there is no evidence that the transfers were retaliatory. Although inmates frequently invite courts to infer retaliatory motives to cell assignment and other prison policies, such invitations are rarely embraced. See Sears v. Foulds, No. 1:16-CV-2341, 2019 U.S. Dist. LEXIS 18445, at *12-13 (M.D. Pa. Feb. 4, 2019). Williams was incarcerated in a three-man cell from the first day he arrived at PPS and aside from having allegedly filed numerous grievances during the first four months of his confinement, during which time he was also transferred, there is no evidence that the grievances were a substantial or motivating factor in the transfer decisions. There is also no evidence in the record as to who made the transfer decisions, or whether those individuals were policymakers or even knew Williams had filed a grievance. See Tinsley v. Giorla, 369 F. App'x 378, 381 (3d Cir. 2010) (concluding that the plaintiff did not provide evidence suggesting that the alleged retaliatory acts were motivated by his complaints because although he claimed that he was transferred for having filed grievances against certain defendants, the plaintiff failed to identify the official who actually transferred him, who had the authority to transfer him, or that such person was aware of the grievances). There is also no evidence of personal involvement by any of the named Defendants or of a policy, custom, or practice. See Solan v. Ranck, 326 F. App'x 97, 101 (3d Cir. 2009) (determining that the plaintiff's bare allegation the defendant probably had something to do with his transfer based on her supervisory position failed to set forth facts indicating that the defendant personally directed or knew of and acquiesced in his transfer for retaliatory reasons).
Summary judgment is therefore granted in favor of all Defendants on this claim.
Summary judgment is granted in favor of all Defendants on all three counts. As to the first count, the evidence regarding the circumstances of Williams's triple-celling do not support a constitutional violation. There is also no evidence that the PPS Defendants were personally involved in the triple-celling or of any custom, policy, or practice regarding the same. On the second count, there is no evidence that the PPS Defendants were involved with Williams's medical care. There is also no evidence that a policy, custom, or practice of Corizon caused him constitutional harm. Further, Williams's complaints reflect his mere disagreement with the treatment provided by medical staff and do not rise to the level of deliberate indifference, and he has failed to offer expert evidence that the treatment provided violated the standard of care. Finally, there is no evidence to support the only actionable claim (retaliatory transfer) in the third count. Williams does not offer evidence showing that the transfers were sufficiently "adverse," that his filing of grievances was a substantial or motivating factor in the decisions to transfer him, or of any connection, whether by personal involvement or policy, practice, or custom, to any Defendant. Defendants' Motions for Summary Judgment are granted.
A separate order follows.
