Hester v. Morgan

52 F. App'x 220
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 20, 2002
DocketNo. 01-5426
StatusPublished
Cited by10 cases

This text of 52 F. App'x 220 (Hester v. Morgan) 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
Hester v. Morgan, 52 F. App'x 220 (6th Cir. 2002).

Opinion

The plaintiff, Harvey Hester, is a Tennessee prison inmate who filed a § 1983 suit against the warden, Jack Morgan, and unnamed employees of the prison after he was assaulted and seriously injured by other prison inmates. The district court granted summary judgment to the warden and dismissed the case with prejudice. On appeal, the plaintiff alleges (1) that summary judgment was improperly granted and (2) that he was denied the right to amend his complaint to identify the unnamed defendants. We find no error in connection with either of these two issues and affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Hester filed this action seeking injunctive relief and compensatory and punitive damages for events occurring while he was confined at the Turney Center Industrial Prison and Farm in May 1998. Hester asserted that on May 16, 1998, he was attacked in the Turner Center recreation yard by two inmates carrying screwdrivers as weapons but that the incident ended quickly and without injury when guards approached. He contends that although one of the attacking inmates was placed in segregation that evening, the matter was not investigated further. Two days later, on May 18, Hester and two other inmates, James Dubose and Gary Donald, were attacked in the recreation yard by four inmates, including Steve Dalton, one of the inmates involved in the May 16 incident. This time the assailants carried homemade knives, or “shanks.” Hester and Dubose received serious injuries from numerous stab wounds, and Donald was killed during the attack.

Hester’s complaint, filed pro se, alleged three counts. Counts one and two, against “John Doe and others not presently known to plaintiff,” alleged that unidentified prison employees exhibited deliberate indifference to the plaintiffs medical needs and safety before, during, and after the May 18th assault, in violation of the Eighth Amendment; that they failed to investigate the May 16th altercation, in violation of the Fourteenth Amendment; and that they forced the plaintiff to return to the general prison population despite the risk of danger to his personal safety. Count three, against defendant Jack Morgan, alleged that as the Turney Center warden, Morgan exhibited deliberate indifference to the plaintiffs safety by permitting a prison environment that was pervasively violent, thus creating an unreasonable risk of harm to Hester in violation of the Eighth Amendment.

Although the warden was served with process and filed a response to the complaint, the plaintiff did not take timely steps to amend the complaint to name the unidentified defendants, even though directed to do so in the scheduling order issued by the magistrate judge. Hence, the summary judgment motion at issue on appeal was filed only on behalf of defendant Morgan, although it covered all three counts of the complaint. As a result, once the district court found that the warden had not engaged in a constitutional violation, the court granted summary judgment on all counts and dismissed the action with prejudice. When Hester later filed his notice of appeal, he simultaneously filed a motion to amend his complaint to identify [222]*222the unnamed defendants. The district court did not rule on the motion to amend, undoubtedly because the court recognized that it had lost jurisdiction of the case by virtue of the filing of the notice of appeal. See Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir.1993).

II. DISCUSSION

On appeal, Hester asserts that the district court erred in granting summary judgment to Morgan in three ways: by deciding that Turney Center is not a violent place, by incorrectly weighing the evidence and not taking account of affidavits filed by Hester, and by misapplying Eighth and Fourteenth Amendment case law. He also asserts that the district court refused to allow him to amend his complaint to name the “John Doe” defendants.

We review a grant of summary judgment de novo. See Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir.1996). Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). A reviewing court must draw all inferences in favor of the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Moreover, “[sjummary judgment is appropriate only when the non-moving party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial.” Curry v. Scott, 249 F.3d 493, 505-06 (6th Cir.2001) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

A. Summary Judgment for Defendant Morgan

In count three, containing the sole complaint against defendant Morgan, the plaintiff alleges that Morgan violated § 1983 by depriving him of his Eighth Amendment rights. To establish liability under the Eighth Amendment for a claim based on a failure to prevent harm to a prisoner, Hester must prove that Morgan acted with “deliberate indifference” to a substantial risk of serious harm. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Street v. Corrections Corp. of Am., 102 F.3d 810, 814 (6th Cir.1996); Taylor v. Michigan Dep’t of Corrections, 69 F.3d 76, 78 (6th Cir.1995). Deliberate indifference is a state of mind more blameworthy than negligence, but it entails “something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Farmer, 511 U.S. at 835, 114 S.Ct. 1970. Under the standard set by the Supreme Court, “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, 114 S.Ct. 1970; see also LeMarbe v. Wisneski, 266 F.3d 429, 435 (6th Cir.2001).

Under this standard, Hester must show that he was incarcerated under conditions posing a substantial risk of serious harm and that Morgan exhibited the state of mind of deliberate indifference to inmate health or safety.

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Bluebook (online)
52 F. App'x 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hester-v-morgan-ca6-2002.