Adib Makdessi v. Lt. Fields

789 F.3d 126, 2015 WL 1062747
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 12, 2015
Docket13-7606
StatusPublished
Cited by283 cases

This text of 789 F.3d 126 (Adib Makdessi v. Lt. Fields) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adib Makdessi v. Lt. Fields, 789 F.3d 126, 2015 WL 1062747 (4th Cir. 2015).

Opinions

Vacated and remanded by published opinion. Judge WYNN wrote the majority opinion, in which Judge MOTZ joined. Judge MOTZ wrote a separate concurring opinion. Judge SHEDD wrote a separate opinion concurring in part and dissenting in part.

WYNN, Circuit Judge:

Plaintiff Adib Eddie Ramez Makdessi lodged numerous complaints about - re[129]*129peated physical and sexual abuse he suffered while imprisoned in Virginia Department of Corrections facilities. The court below found it “clear” that prison officials “should have been more diligent in handling Makdessi’s claims of sexual assault.” J.A. 975. Nevertheless, the magistrate judge recommended, and the district court adopted, the view that because the prison officials named as defendants in Makdes-si’s suit did not actually know of the substantial risk of harm Makdessi faced, his claims must fail.

The Supreme Court has stated, however, that the subjective “actual knowledge” standard required to find prison officials deliberately indifferent to a substantial risk of serious injury may be proven by circumstantial evidence. Prison officials may not simply bury their heads in the sand and thereby skirt liability. Rather, they may be held accountable when a risk is so obvious that it had to have been known. Because we do not believe that the court below appreciated this nuance, we vacate the dismissal of Makdessi’s claims against Defendants Fields, King, and Gallihar.

I.

Makdessi does not dispute the facts found as a result of the bench trial below. Makdessi is a five-foot-four-inch, forty-nine-year-old man with physical and mental ailments that make him “vulnerable to harassment and attacks” in prison. J.A. 956. Thus, Makdessi has been forced to pay for protection from such abuse.

Makdessi testified that Defendant Christopher King, a prison official at Wallens Ridge State Prison, where Makdessi was incarcerated, repeatedly called him names including “sand nigger” and “bitch.” Id. Makdessi testified that as far back as 2007, he complained to the Assistant Warden about mistreatment by his cellmate, that King accused him of being a “snitch,” and that no one ever investigated and nothing was done.

In 2010, Makdessi sent another complaint to the Assistant Warden, stating that King hated him, refused to listen to him, and retaliated against him when he complained. Makdessi testified that this complaint, too, garnered no response.

In August 2010, Makdessi was moved to a cell with a new cellmate, Michael Smith, who was an aggressive gang member. “Although Makdessi went to the floor correctional officer to request that he be placed in a different cell or protective custody, and the officer said he would advise Sgt. King, he remained in the same cell with Smith.” J.A. 957. Makdessi also testified that he wrote a complaint about being housed with Smith, which Smith destroyed.

Per prison operating policy, offender enemies are to be identified and separated. Under the policy, prison officials “shall take appropriate measures to protect those offenders involved,” and an enemy is defined as an offender who “pose[s] a significant threat to the life of another offender.” J.A. 962.

Makdessi testified that he was physically and sexually assaulted by Smith and his Gangster Disciple associates numerous times. On one such occasion, December 8, 2010, Smith beat and. raped Makdessi, Makdessi “tried to report this incident to Sgt. King, but King told him to ‘get the hell away’ from him, and no investigation occurred.” J.A. 957. Within a day of the December 8 attack, Makdessi wrote a letter to the Assistant Warden about it but received no response.

Makdessi also reached out to the Federal Bureau of Investigation on December 20, 2010, stating that he feared prison staff and prison gang members had teamed up [130]*130to end his life. In the letter to the FBI, Makdessi also underscored that despite the multiple attacks and his telling Defendant Tracy Fields and others that he was in danger and needed to be placed in protective custody, he remained unprotected in the cell with Smith.

Makdessi testified that on December 20, 2010, he met with Defendant Fields regarding an informal complaint he had filed. During that meeting, Makdessi told Defendant Fields that he feared for his life due to his cellmate Smith, a gang leader, and that he wanted to be placed in protective custody. Makdessi testified that Defendant Fields said he would advise Defendant King.

The following day, December 21, 2010, Smith attacked Makdessi. According to Makdessi, Smith confronted him with the letter Makdessi had sent to the Assistant Warden about the December 8 attack and told him that “[b]efore the day is over, we’re going to kill you.” J.A. 959. Smith punched and beat Makdessi, called him a “snitch,” flushed the letter down the toilet, and then raped Makdessi. Id. Makdessi testified that he screamed loudly, yelled for help, and tried-but failed-to push the emergency button in his room. “Makdessi testified that his screams could have been heard.” Id. Makdessi testified that Smith ejaculated onto the bed, cleaned himself up, and ordered Makdessi to clean himself.

The prison was on “restricted movement” that day, meaning that inmates had to eat lunch in their cells. J.A. 959. Nevertheless, inmates were allowed out, four cells at a time, to retrieve lunch trays. Makdessi testified that Smith refused to let him leave the cell when the doors opened. And when they shut, Smith forced Makdessi to perform oral sex, during which Makdessi bit Smith. Smith again beat Makdessi. Makdessi testified that Smith’s gang associates came by the cell, and prison guards performed then-rounds, but no one intervened.

Makdessi testified that Smith packed his television and other personal items in a laundry bag for a gang associate to retrieve. When the cell door opened, while Smith placed Makdessi’s things outside the cell, Makdessi escaped. Smith and a gang associate chased and caught him, and Smith again began punching Makdessi. A warning shot was fired, Smith and his gang associates hit the floor, but Makdessi continued to run away.

Makdessi was taken to medical, where he required stitches to his face and an x-ray of his ribs. Blood was also found in Makdessi’s anorectal sample and inside the back of Makdessi’s underpants. Despite Makdessi’s report that Smith ejaculated into the bed sheets, those were never analyzed. Neither was the blood found under Makdessi’s fingernails. After discharge from the hospital, Makdessi spent forty-seven days in the mental health infirmary. Smith refused medical treatment after the December 21 altercation and denied the rape allegation.

Makdessi testified that while he was in the mental health infirmary, Defendant King came by and said “ T told these guys to go ahead and kill you’ ” and that “ ‘[y]ou need to stop filing all these grievances because what happened to you is nothing compared to what’s going to happen to you.’ ” J.A. 961. Soon thereafter, Mak-dessi was transferred to another prison, where he was placed in protective custody.

Defendants contradicted much of Mak-dessi’s story. Defendant King, for example, testified that he “never threatened Makdessi.” J.A. 969. Defendant Fields testified that Makdessi did not complain of problems with his cellmate on December 20, 2010, nor did Makdessi “indicate[ ] that he was in fear for his life from anyone, [131]

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Cite This Page — Counsel Stack

Bluebook (online)
789 F.3d 126, 2015 WL 1062747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adib-makdessi-v-lt-fields-ca4-2015.