Jody O'Neil Harrison v. Grantt Culliver

746 F.3d 1288, 2014 WL 1304010, 2014 U.S. App. LEXIS 6093
Court of Appeals for the Eleventh Circuit·Decided April 2, 2014·No. 11-14864·Published·Cited by 249 cases

Opinion

TJOFLAT, Circuit Judge:

This appeal arises out of an inmate-on-inmate assault that occurred on August 6, 2008, at the W.C. Holman Correctional Facility (“Holman”) in Atmore, Alabama. The plaintiff, Jody O’Neil Harrison, 1 was assaulted with a knife by another inmate, Dale Pounders, who cut Harrison’s throat, nearly killing him. Harrison, proceeding pro se, brought this action against Warden Grantt Culliver, Deputy Warden Sylvester Folks, Captain David Craft, and Officer Allen Lang, seeking damages under 42 U.S.C. § 1983 2 for the injuries he received on August 6. According to Harrison’s complaint, these defendants were deliberately indifferent to the substantial risk of serious harm Harrison faced at the time of the assault, in violation of the Eighth Amendment. 3

*1293 The defendants denied liability and moved the District Court for summary judgment. The court granted their motion and gave the defendants judgment. Harrison appeals the judgment. We affirm.

I.

The record before the Magistrate Judge on summary judgment consisted of statements Harrison and another inmate made under penalty of perjury pursuant to 28 U.S.C. § 1746, 4 an inmate’s affidavit, affidavits of the defendants, copies of the prison’s policies governing searches of inmates and the operation of the hobby craft shop, copies of reports of inmate incidents, and copies of two order forms inmates sent to outside vendors for the purchase of utility knives. In subpart A, we recount the August 6 assault on Harrison. Subpart B describes the course of the proceedings below.

A.

On August 6, 2008, at approximately 3:20 p.m., Harrison was in line in an area of Holman known as the “back hallway,” waiting to receive his medication from the medical prescription pick-up window on the “main hallway,” which ran perpendicular to the back hallway. While he stood in line, another inmate, Dale Pounders, came from behind Harrison and cut his throat with a box-cutter blade that was attached to a wooden handle. Pounders then passed the weapon into the hobby craft shop — which is adjacent to the back hallway — through a hole in the security screen that surrounds the hobby shop, and informed a detention officer on the main hallway that he “just cut a rat’s throat.” Record, no. 69-4, at 11 (quoting Dale Pounders). When asked about the knife, Pounders stated he threw the knife down the back hallway. There is nothing in the record to indicate how Pounders obtained the knife or what materials were used to make it. Detention officers searched for but were unable to find the knife. It was never recovered.

No officer was present on the back hallway at the time of the attack, and the officers on duty in the area at the time were supervising inmates going to the cafeteria and those going to the dispensary to pick up medicine. The back hallway was not a duty post for a detention officer, but detention officers assigned as rovers on the main hallway were also responsible for monitoring the back hallway. A security camera is located on the back hallway, but it does not record video. Instead, the camera feeds footage to a monitor that is manned by a detention officer twenty-four hours a day. Multiple cameras feed into *1294 the monitor, and the monitor displays the cameras in a loop, which leaves periods of time in which the officer is unable to view the security footage of the back hallway. 5

According to an inmate at Holman, the back hallway is an area of the prison where inmates commonly go to settle disputes because detention officers were not posted there. However, the record does not bear this assertion out. From the incident reports produced by the defendants during discovery, it appears that from 2005 until August 6, 2008, only five assaults occurred on the back hallway. 6 Of these back-hallway assaults, three involved knives, one involved a lock, and one involved no weapon.

B.

On May 21, 2009, Harris on filed a pro se complaint and a motion to proceed in for-ma pauperis in the Southern District of Alabama. The complaint named Warden Culliver, Deputy Warden Folks, Captain Craft, Officer Lang, 7 and a Nurse Poindexter as defendants, and alleged that the defendants had deprived Harrison of his Eighth Amendment right not to be subjected to deliberate indifference to a substantial risk of serious harm. The complaint alleged that the defendants were deliberately indifferent in two ways: (1) they failed to provide adequate security on the back hall and (2) they failed to implement and enforce a policy to ensure that inmates could not possess a box cutter or utility knife outside of the hobby shop. 8 Harrison filed a motion to amend his complaint on November 25, 9 which the Magistrate Judge granted on March 19, 2010.

Also on March 19, the Magistrate Judge ordered the defendants to file special reports containing the sworn statements of all individuals with knowledge of the subject matter of the complaint, certified copied of medical or psychiatric records, and copies of relevant administrative rules, regulations, and guidelines. On May 28, Warden Culliver, Deputy Warden Folks, *1295 Captain Craft, and Officer Lang filed their answer and their special report. The report included affidavits of each defendant, as well as Holman’s standard operating procedures and certified copies of reports of incidents involving Harrison. The Magistrate Judge entered an order converting the special report to a motion for summary judgment and took the motion under submission. The order explained the relevant standard of review, and highlighted that

except in certain circumstances, a person against whom a motion for summary judgment is filed may not rely on the allegations of his pleadings. In other words, a plaintiff against whom a motion for summary judgment is filed must oppose that motion by affidavits, depositions, answers to interrogatories, admissions, or as otherwise provided in the rules. If a party against whom a motion for summary judgment is filed fails to respond, the materials filed by the moving party may be taken as true.

Record, no. 42, at 2.

On August 4, 2010, Harrison propounded interrogatories to Warden Culliver, Deputy Warden Folks, Captain Craft, and Officer Lang.

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Jody O'Neil Harrison v. Grantt Culliver, 746 F.3d 1288, 2014 WL 1304010, 2014 U.S. App. LEXIS 6093 (11th Cir. 2014).

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