Brown v. North Carolina Department of Corrections

360 F. App'x 494
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 11, 2010
Docket08-8501
StatusUnpublished

This text of 360 F. App'x 494 (Brown v. North Carolina Department of Corrections) 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
Brown v. North Carolina Department of Corrections, 360 F. App'x 494 (4th Cir. 2010).

Opinion

Vacated and remanded by unpublished opinion. Judge LEGG wrote the opinion, in which Judge MICHAEL and Judge GREGORY joined.

Unpublished opinions are not binding precedent in this circuit.

LEGG, District Judge:

Samuel Albright Brown, an inmate incarcerated at the Alexander Correctional Institute (“ACI”) in Taylorsville, North Carolina, filed the instant suit under 42 U.S.C. § 1983, alleging that Defendants, *495 Correctional Officers Winkler, Teague, and Simms, and the North Carolina Department of Corrections, violated his rights under the Eighth Amendment of the United States Constitution. Specifically, Brown alleges that Defendants were deliberately indifferent to the serious harm he suffered at the hands of a fellow inmate. The district court, after reviewing the complaint pursuant to 28 U.S.C. § 1915A, dismissed the complaint for failure to state a claim upon which relief may be granted. Because we disagree with the district court’s finding that Brown’s complaint fails to state a claim upon which relief may be granted, we vacate its dismissal of the case and remand the matter for further proceedings.

I.

Brown’s complaint alleges the following facts. On May 9, 2008, an ACI staff member instructed him to enter the “Housing Block” to retrieve a number of cleaning supplies. The staff member gave the instruction despite having knowledge that another inmate in the Housing Block harbored a grudge against Brown. While gathering the cleaning supplies, Brown was assaulted and brutally beaten by that inmate. As a result of that assault, a steel plate was inserted into Brown’s jaw and he received “ongoing” medical care for “permanent” injuries.

Brown’s complaint further alleges that Officer Simms was in “the Block” when the assault occurred, that Officer Teague observed the assault, and that the “staff officers in question were [n]egligent and placed [Brown] in a dangerous and vulnerable position.”

In an administrative grievance form attached to his complaint, Brown specified that Officer Winkler was the staff member who was aware of the other inmate’s grudge against Brown but nonetheless sent him to pick up cleaning supplies. The administrative grievance form also alleges that Officer Teague admitted to Brown that he witnessed the assault but chose not to intervene.

The district court dismissed the case pursuant to § 1915A, finding that Brown’s complaint failed to state a claim upon which relief may be granted. Brown now appeals the dismissal of his claims against Officers Winkler, Teague, and Simms. He does not appeal, however, the dismissal of his claim against the North Carolina Department of Corrections.

II.

Under § 1915A, district courts are required to review “any complaint in a civil action in which a prisoner seeks redress from a governmental entity.” 28 U.S.C. § 1915A(a). In doing so, a court must either “identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint ... fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915A(b)(l).

A complaint should be dismissed “if it does not allege ‘enough facts to state a claim to relief that is plausible on its face.’” Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.2008) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). In evaluating a complaint, this Court “will construe the factual allegations ‘in the light most favorable to the plaintiff.’ ” Schatz v. Rosenberg, 943 F.2d 485, 489 (4th Cir.1991) (quoting Battlefield Builders v. Swango, 743 F.2d 1060, 1062 (4th Cir.1984)). Here, “[l]iberal construction of the pleading is particularly appropriate” because it “is a pro se complaint raising civil rights issues.” Loe v. Armistead, 582 F.2d 1291, 1295 (4th Cir.1978) (citing Haines v. Kerner, 404 U.S. 519, 521, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)). We review de novo dismissals for failure to state a claim. Schatz, 943 F.2d at 489.

*496 III.

The Eighth Amendment imposes a duty-on prison officials “to protect prisoners from violence at the hands of other prisoners.” Farmer v. Brennan, 511 U.S. 825, 833, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Not every injury suffered by a prisoner at the hands of another establishes liability against a prison official, however. To make a valid claim under the Eighth Amendment, a prisoner must satisfy two elements. First, “the deprivation alleged must be sufficiently serious.” Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 770 (4th Cir.2003) (internal quotation marks and citation omitted). “To demonstrate such an extreme deprivation, a prisoner must allege a serious or significant physical or emotional injury resulting from the challenged conditions.” Id. In this case, it is uncontested that Brown suffered significant physical injuries as a result of the other inmate’s attack.

Second, a prisoner must demonstrate that the prison official had a “sufficiently culpable state of mind.” Id. (quoting Wilson v. Seiter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991)). When an inmate makes a challenge under the Eighth Amendment, “the requisite state of mind is one of deliberate indifference to inmate health or safety.” Id. (internal quotation marks and citation omitted). A prison official demonstrates deliberate indifference if he “knows of and disregards an excessive risk to inmate health or safety.” Id. In other words, “the test is whether the guards know the plaintiff inmate faces a serious danger to his safety and they could avert the danger easily yet they fail to do so.” Case v. Ahitow, 301 F.3d 605, 607 (7th Cir.2002).

Applying that two-pronged test to the instant facts, we hold that the district court erred in dismissing Brown’s claims against Officers Winkler, Teague, and Simms.

A.

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Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Wilson v. Seiter
501 U.S. 294 (Supreme Court, 1991)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Bryan Case v. Rodney Ahitow
301 F.3d 605 (Seventh Circuit, 2002)
Odom v. South Carolina Department of Corrections
349 F.3d 765 (Fourth Circuit, 2003)
Giarratano v. Johnson
521 F.3d 298 (Fourth Circuit, 2008)
Farmer v. Brennan
511 U.S. 825 (Supreme Court, 1994)
Loe v. Armistead
582 F.2d 1291 (Fourth Circuit, 1978)

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360 F. App'x 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-north-carolina-department-of-corrections-ca4-2010.