Gibson v. Foltz

963 F.2d 851, 1992 WL 87498
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 4, 1992
DocketNo. 91-1605
StatusPublished
Cited by41 cases

This text of 963 F.2d 851 (Gibson v. Foltz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Foltz, 963 F.2d 851, 1992 WL 87498 (6th Cir. 1992).

Opinion

KENNEDY, Circuit Judge.

This case arises from the December 4, 1986 fatal assault on Lawrence M. Gibson, an inmate at the State Prison of Southern Michigan (SPSM). Plaintiff Betty Gibson, the decedent’s wife and personal representative of his estate, brought this action against six individual prison officials. Plaintiff appeals the District Court’s orders granting summary judgment in favor of the defendants and denying rehearing. For the following reasons, we AFFIRM the District Court.

I.

On December 4, 1986, Gibson was an inmate at SPSM and was assigned to the 4 Block East of the prison. Four Block East consists of five levels of cells. The ground level is known as the base and the four upper levels are known as galleries. They are numbered 1st gallery (second level) through 4th gallery (fifth level). At this time 234 cells were in use in 4 Block East. Gibson was housed in cell 46 on the 2nd gallery. His cell was four cells down from the gallery end where the open stairway linking the base and the galleries is located. At the foot of the stairs is the officers’ desk for 4 Block East.

Gibson was returning to his cell on December 4, 1986 from the noon meal. It is undisputed that at some point between ascending the stairs to the 2nd gallery and passing cells 50, 49, 48 and 47, Gibson was attacked by a fellow inmate. He was stabbed in the neck with an unknown weapon which caused a Vs inch wound and lacerated the right and left jugular veins and the trachea. Gibson made his way to the 4 Block East desk, and emergency medical aid was given to him. He was taken to Foote Hospital where he died in surgery. Inmates told the Michigan State Police that they believed Gibson’s assault was related to Gibson selling marijuana in the prison. There has never been a prosecution of any individual or individuals for Gibson’s murder.

Plaintiff filed this action pursuant to 42 U.S.C. § 1983 and Michigan state law against Dale Foltz, the warden of SPSM; Deputy Grinage, the assistant deputy warden in charge of housing at the Central complex of SPSM; Inspector Moats, an inspector responsible for review and inspection of staff operations; John Gauldin, a line inspector assigned to cell block 4; Beverly Williams, a corrections officer assigned to cell block 4; and Robert Brown, Jr., Director of the Michigan Department [853]*853of Corrections. Plaintiff alleges that defendants were deliberately indifferent to the violence that occurred at SPSM and that as a result of this deliberate indifference, Gibson was fatally assaulted. Plaintiff alleges that defendants’ indifference violated Gibson’s rights as protected by the Fourth, Fifth, Eighth and/or Fourteenth Amendments. Specifically, plaintiff alleges that Williams failed to execute her duties properly because she failed to detect weapons possessed by inmates and because she was not present on the 2nd gallery when Gibson was assaulted. Plaintiff alleges that Brown, Foltz and Grinage failed to update prison policies intended to protect inmates and staff members, and failed to protect inmates from assault by other inmates when they did not comply with and/or enforce cell search and pat down of prisoners. Plaintiff further alleges that Brown, Foltz, Grinage, Moats and Gauldin inadequately supervised their subordinates, failed to investigate other incidents of inmate stabbings, and failed to take corrective measures to prevent these stabbings.

II.

We review a grant of summary judgment de novo, making all reasonable inferences in favor of the nonmoving party. Storer Communications, Inc. v. National Ass’n of Broadcast Employees & Technicians, 854 F.2d 144, 146 (6th Cir.1988). Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to summary judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The inquiry is whether there is sufficient evidence supporting a factual dispute such that a judge or jury is required to “resolve the parties’ differing versions of the truth at trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (quoting First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 1592-93, 20 L.Ed.2d 569 (1968)).

III.

The Eighth Amendment, which applies to the states through the Due Process Clause of the Fourteenth Amendment, prohibits the infliction of “cruel and unusual punishments.” In Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), the Supreme Court acknowledged that the Eighth Amendment could be applied to conditions of confinement. Only those deprivations denying “the minimalized measure of life’s necessities” may form the basis of an Eighth Amendment violation. Wilson v. Seiter, — U.S. —, 111 S.Ct. 2321, 2324, 115 L.Ed.2d 271 (1991) (quoting Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 2399-2400, 69 L.Ed.2d 59 (1981)). In cases where a prison inmate challenges conditions of confinement, a court must determine whether prison officials acted with deliberate indifference to a prisoner’s constitutionally protected needs. Id. 111 S.Ct. at 2327. When a prison inmate alleges that prison officials failed to protect him from assault by another inmate, deliberate indifference on the part of the officials to the inmate’s risk of injury must be shown. McGhee v. Foltz, 852 F.2d 876, 880-81 (6th Cir.1988). Lack of due care for a prisoner’s safety by prison officials is insufficient to support a claim of an Eighth Amendment violation. Id. at 881.

To determine whether a prison official acted with deliberate indifference and thus has inflicted cruel and unusual punishment, it is necessary to determine the official’s state of mind. Wilson, 111 S.Ct. at 2324. Obduracy or wantonness, not inadvertence or good faith error, characterizes deliberate indifference. Id. The long duration of a cruel prison condition may make it easier to establish knowledge and thus intent on the part of prison officials, but the existence of cruel prison conditions does not cause the intent requirement to “evaporate.” Id. at 2325.

Plaintiff alleges that Williams was deliberately indifferent because she failed to follow prison policy by failing to search cells and pat down inmates, and because she was not present on the 1st or 2nd [854]*854gallery when the assault occurred. Plaintiff argues that Williams failed to conduct the required searches because these searches are not documented in the daily log books. Williams claims she conducted searches. We believe that Williams was, at most, negligent in being at the base when the stabbing occurred.

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Bluebook (online)
963 F.2d 851, 1992 WL 87498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-foltz-ca6-1992.