Dashaun White v. State of New Jersey

514 F. App'x 258
CourtCourt of Appeals for the Third Circuit
DecidedMarch 1, 2013
Docket12-2167
StatusUnpublished
Cited by2 cases

This text of 514 F. App'x 258 (Dashaun White v. State of New Jersey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dashaun White v. State of New Jersey, 514 F. App'x 258 (3d Cir. 2013).

Opinion

OPINION OF THE COURT

STARK, District Judge.

Appellant Dashaun White appeals from the district court’s decision to grant summary judgment in favor of Appellees James Williams, Gerard Schenck, and Dominic Iantorno. 1 We will affirm.

I

As we write primarily for the parties, who are familiar with the record, we limit our discussion of the factual and procedural background to what is necessary for our resolution of the issues on appeal.

Beginning on March 15, 2007, White was incarcerated at the Mountainview Youth Correctional Facility (“MYCF”), a youth detention facility operated by the New Jersey Department of Corrections. On May 23, 2007, White was moved to the Full Minimum Unit (“FMU”), the least restrictive unit in the MYCF, to which inmates are admitted based on good behavior. The FMU includes Building 1 and Building 2, which each have two wings, with 96 inmates residing in each wing. The inmates share dorm-style rooms called “pods” and each pod has an emergency exit door. Inmates housed in the FMU may obtain permission to move between Building 1 and Building 2 for medical treatment, classes, or to access the law library. Even without permission, it is possible — given the minimum security environment — for an inmate assigned to one building to enter the other.

On the morning of October 29, 2007, White suffered a horrific attack at the hands of other inmates. Just prior to the attack, Corrections Officer Recruit Dominic Iantorno, who was assigned to White’s housing unit, permitted an inmate to open the emergency exit door to White’s pod, in order to ventilate the area as it was being painted. Iantorno disabled the visible and audible alarms that would otherwise have signaled the door’s opening. Iantorno acted either at his own discretion, or with the approval of his supervisor, Lieutenant Gerard Schenck, who was the highest ranking officer in the FMU at the time of the attack.

After the attack, White was helicoptered to Morristown Memorial Hospital, where he was found to have sustained extensive head trauma, fractures, and possible brain injury; he required a tracheotomy and feeding tube. White was hospitalized for several months, some of which he spent in a coma and on life support.

Special Investigations Division Investigator James Williams, who served as a “gang monitor,” conducted a year-long investigation of the attack on White. During the investigation, Williams obtained White’s “face sheet,” a document which indicates whether an inmate has gang affiliations. Williams wrote “GKB food” on the face sheet, indicating that White was a target for inmates who were members of the “Gangster Killer Bloods” gang. Williams concluded that the attack was motivated by gang-related hostility, in light of White’s status, or perceived status, as a Blood. Examination of phone records *261 revealed that an inmate, a known Bloods-member, had been involved in a conversation on October 22, 2007, in which an unknown third-party said there needed to be a “hit” on White.

White filed his complaint on June 25, 2009 in New Jersey Superior Court, Essex County. Appellees removed the action to the District of New Jersey. On April 4, 2012, the district court granted summary judgment in favor of Appellees and denied White’s motion for summary judgment.

II

The district court had jurisdiction pursuant to 28 U.S.C. § 1881. We have jurisdiction to review the district court’s entry of final judgment pursuant to 28 U.S.C. § 1291.

We exercise plenary review over a district court’s grant or denial of summary judgment. See Blackhawk v. Pennsylvania, 381 F.3d 202, 206 (3d Cir.2004). We apply the same standard as the district court. See In re Mushroom Transp. Co., Inc., 382 F.3d 325, 335 (3d Cir.2004). Accordingly, summary judgment is appropriate when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotation marks omitted); see also Fed.R.Civ.P. 56(c).

III

A

The district court granted summary judgment in favor of Williams. The Supreme Court has recognized that “[i]t is not ... every injury suffered by one prisoner at the hands of another that translates into constitutional liability for prison officials responsible for the victim’s safety.” Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Liability may be established only if two conditions (in addition to causation) are met: (1) “[f]or a claim (like the one here) based on a failure to prevent harm, the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm,” and (2) that the defendant prison official was deliberately indifferent to prisoner health or safety. Id. To be deliberately indifferent, “the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Id. at 837. As there is insufficient evidence from which to find Williams acted (or failed to act) with deliberate indifference to White’s safety, we will affirm.

The record is devoid of evidence that Williams had knowledge of the risk of harm to White prior to the October 29, 2007 attack. White attempts to create a genuine issue of fact over Williams’ knowledge by pointing to Williams’ status as a gang monitor and participation in monthly gang meetings. White also relies on Williams’ initial inability to recall when he concluded that White was “food” for other inmates. Even drawing all inferences in favor of White, however, a reasonable fact-finder could not find Williams had advance knowledge of the risk of harm to White.

Williams provided a sworn declaration that there were no gang meetings at any time between May 2007, when White was moved to the FMU, and the date of the attack. Two additional witness declarations corroborate that no gang meetings were held prior to the attack. Likewise, it is not reasonable to infer from Williams’ failure to recall precisely when he learned White was “GKB food” that Williams acquired his knowledge before the attack, particularly as White’s face sheet was *262 printed after the attack and Williams wrote “food” on the sheet in reference to some information that he had received during the investigation.

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514 F. App'x 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dashaun-white-v-state-of-new-jersey-ca3-2013.