Bratchett v. Braxton Environmental Services Corp.

564 F. App'x 229
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 25, 2014
DocketNo. 13-3299
StatusPublished
Cited by2 cases

This text of 564 F. App'x 229 (Bratchett v. Braxton Environmental Services Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bratchett v. Braxton Environmental Services Corp., 564 F. App'x 229 (7th Cir. 2014).

Opinion

ORDER

Trenton Bratchett, a former Wisconsin inmate, lost his finger in a tire-shredding machine during his prison work-release assignment at Braxton Environmental Services, a tire-recycling company. He brought this suit under 42 U.S.C. § 1983, asserting that the company and four defendants involved in the prison’s work-release program were deliberately indifferent to his unsafe working conditions. The district court granted summary judgment, and he appeals. We affirm in part, and vacate and remand in part.

From mid-2005 to mid-2006, Bratchett served the final year of his state sentence at Felmers O. Chaney Correctional Center, a minimum-security prison focused on reintegrating prisoners into the community through a work-release program. He accepted a job assignment in late 2005 at Braxton Environmental Services (also known as A & E Services), where he recycled used tires by separating the rubber from wires inside the tires. Immediately after he started working, however, Bratch-ett recognized certain dangerous working conditions at the work site, including old tire-shredding machinery and a lack of protective gear. Despite the hazardous nature of the machines, he testified at his deposition, he received no safety training.

Over the next seven months, Bratchett sought to leave his job by complaining about the unsafe working conditions to Wayne Hibbler, the prison’s work-release coordinator, and Grady Davis, a contractor hired to provide employment support to prisoners. Bratchett explained that he needed their approval to leave the job because refusing to work violated the program’s rules. He recalled showing Davis the scratches on his arm caused by handling wires and warning him that “[pjeople down there [are] getting hurt.” He added that Hibbler and Davis visited the work site a dozen times and could see the old machinery and lack of protective gear. And on one occasion when Bratchett sought treatment for the scratches, he overheard Hibbler telling the prison nurse that she was granting too many requests for inmates to leave their jobs at Braxton, Another inmate, Michael Mays, testified at his deposition that other inmates had warned Hibbler and Davis of the dangerous working conditions. As Mays recalled, one man’s specific explanation for why the job was dangerous involved faulty machinery: “He said, at first, the mud, and then [231]*231the machinery. It was faulty. The machinery was faulty, you know, and it could harm-you could harm yourself working on the machinery.” Because that prisoner refused to go back to work, Mays said, Hibbler and Davis sent him to a higher-security prison that inmates called “the hole.”

Bratchett grew increasingly concerned about safety conditions in June 2006 after a coworker, Larry White, had his arm get caught in the conveyer belt, breaking his arm. White stated in a police report that his supervisor had instructed him to use his hand to retrieve a piece of tire stuck in the belt. Bratchett described White’s injury in a written request for a new job. This request was apparently lost after Bratchett handed it to a guard instead of putting it into a lockbox. When Bratchett received no response, he complained about his assignment to his social worker, Christine Stone, as well as Eloise McPike, Hib-bler’s supervisor. Both told him that he needed to ask Hibbler for a new job.

A few days later, Bratchett’s supervisor at the tire-recycling facility ordered him to grab wires that were blocking the shredding machine, which, he assured Bratchett, was turned off. The machine restarted suddenly and severed Bratchett’s index finger as he removed the wires. Bratchett said that he had no choice but to obey his supervisor’s request; any act of noncompliance would result in Hibbler or Davis taking him back to prison and locking him up. Believing that his constitutional rights had been violated, he sued the employees running the prison’s work-release program, the medical staff who treated his finger, and Braxton Environmental Services. (He later voluntarily dismissed the claims against the medical staff, so we do not discuss them further.)

As discovery progressed, Bratchett sought reports from local police and the Occupational Safety and Health Administration to show that the job was dangerous. These reports noted that two workers had been injured by machinery in May and June 2006. The police report from June recounted White’s injury. OSHA inspected the site the next day and ultimately found eight serious violations, including unsafe machinery and a lack of training. The OSHA report also cited the company for failing to report that a worker was injured in May (losing three fingers in a machine, Bratchett testified at his deposition). The OSHA report observed that the tire-shredding machinery posed a “[potential for severe bodily injury from being caught in, crushed, struck by, or receiving electrical shock in the event of an unexpected start-up ... Injuries can include broken bones, head injury, lacerations, and cuts or burns.”

The district court recruited counsel at Bratchett’s request, but the case continued to move slowly. Though the operative complaint was filed in July 2009, service was not completed until August 2010, when Eric Broxton, the owner of Braxton Environmental Services, waived service. Discovery closed in December 2012, and the four prison staff moved for summary judgment. After Bratchett’s lawyer missed the response deadline, the court granted an extension but warned that failure to respond would result in dismissal of the entire suit. Counsel responded on the court-ordered deadline.

The district court granted summary judgment to Davis, Hibbler, McPike, and Stone, concluding that they were not aware of a risk of serious injury and thus could not be deliberately indifferent to that risk. The judge acknowledged that Bratchett “paints a compelling picture regarding the objective risk of injury ... especially in light of the injury suffered by Larry White,” but nonetheless found “no [232]*232evidence” to show that the defendants were deliberately indifferent. The court reasoned that the four defendants were unaware of the job’s risks because they heard only vague complaints of workplace dangers. The court noted that Bratchett’s complaints “mainly focused on his pay issues and his dislike of getting muddy or scratched,” leading the defendants to infer that his vague reference to dangers referred to the mud and scratches. The court then dismissed with prejudice the claims against the two remaining defendants, Braxton Environmental Services and its owner, Eric Broxton, concluding that Bratchett failed to prosecute these claims by not taking any action against them after they failed to file an answer. The court reminded Bratchett’s lawyer that he could move to reinstate these claims within 21 days, see E.D. Wis. Civ. L.R. 41(c), but counsel filed no such motion.

On appeal we understand Bratchett (who is now litigating his case pro se) to argue that the district court erroneously granted summary judgment for the four work-release employees. He maintains that the defendants were aware of the job’s dangers, pointing to his deposition testimony that he complained about unsafe working conditions and that the prison nurse filed transfer requests for other prisoners injured at his work site. For their part, the defendants counter that Bratchett did not face an objectively serious risk and also insist that “Bratchett caused his own injury.”

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Bluebook (online)
564 F. App'x 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bratchett-v-braxton-environmental-services-corp-ca7-2014.