Sierra-Lopez, David v. Steingraeber, Brooke

District Court, W.D. Wisconsin·Decided June 24, 2025·No. 3:22-cv-00502·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

DAVID E. SIERRA-LOPEZ,

Plaintiff, OPINION AND ORDER v.

22-cv-502-wmc BROOK STEINGRAEBER,

Defendant.

Plaintiff David E. Sierra-Lopez represents himself and is incarcerated by the Wisconsin Department of Corrections (“DOC”). He was granted leave to proceed with an Eighth Amendment claim that defendant Brook Steingraeber failed to protect him from self-harm on September 3, 2021. (Dkt. #7.) Plaintiff further filed a motion for summary judgment, arguing defendant Steingraeber failed to respond reasonably after he reported having thoughts of cutting himself. (Dkt. #38.) In response, defendant filed a cross- motion for summary judgment, arguing there is no evidence that plaintiff suffered an actionable injury on September 3, nor that she disregarded a significant likelihood plaintiff would harm himself, and regardless, that she is entitled to qualified immunity. (Dkt. #44.) After considering all of the pleadings and exhibits in the record, defendant’s motion for summary judgment will be granted and plaintiff’s motion will be denied for the reasons explained below. UNDISPUTED FACTS1 A. Steingraeber’s Involvement on September 3, 2021 Plaintiff Sierra-Lopez is presently in custody at the Columbia Correctional

Institution (“CCI”), where defendant Steingraeber has worked as a correctional officer since 2019. In September 2021, Steingraeber was a “utility officer,” meaning that she worked different posts from day to day, as opposed to being assigned to a specific unit. On September 3, 2021, Steingraeber was working first shift (6:00 a.m. to 2:00 p.m.) on Restrictive Housing Unit 2 (“RH2”), where Sierra-Lopez was housed in cell number 07. At approximately 6:30 a.m., while Steingraeber was passing out medications (commonly

referred to as a “medication pass”), she spoke to Sierra-Lopez about an issue with his ibuprofen being missing from the medication cart and his frustration with the Health Services Unit (“HSU”). Officer Steingraeber then told Sierra-Lopez that she would contact the HSU to see if she could figure out what was going on with his medication. (Ex. 1005 at 01:20 – 07:02.)

During this same conversation, Sierra-Lopez showed Steingraeber an unfolded paperclip that he had been given. Steingraeber asked Sierra-Lopez to give her the paperclip

1 Unless otherwise indicated, the facts set forth in this section are taken primarily from defendant’s proposed findings of fact (dkt. #45), plaintiff’s response to those findings of fact (dkt. #61), and several video recordings of the parties’ encounter on September 3, 2021. (Defendant’s Exs. 1004-1010 (dkt. #48-2 through dkt. #48-8).) To the extent that many of plaintiff’s proposed findings of fact in response are argumentative, conclusory, or cite to no evidence, those findings are not considered. See W.D. Wis. Proc. to be Followed on Mot. For Summ. Judg., § II(C), (E); Hedrich v. Bd. of Regents of Univ. of Wisconsin Sys., 274 F.3d 1174, 1178 (7th Cir. 2011) (courts are to consider only evidence set forth in proposed finding of fact with proper citation). twice, but Sierra-Lopez declined each time. She then asked him if he would be okay for now, and he told her that he would, so Steingraeber continued with the morning medication pass. (Id. at 7:40 – 08:17.) Shortly thereafter, Steingraeber was called to

respond to a self-harm incident by a different, nearby inmate. (Id. at 19:38 – 20:12.) At 6:45 a.m., Steingraeber completed the medication pass without further contact with Sierra-Lopez. (Ex. 1006.) At 7:15 a.m., Steingraeber next checked on Sierra-Lopez while she was distributing breakfast trays and asked how he was doing. (Ex. 1007 at 06:54 – 07:30.) Sierra-Lopez did not express that he was having any thoughts of self-harm during

that encounter either. (Id. at 10:27 – 10:56.) Steingraeber spoke to Sierra-Lopez again at 7:50 a.m., while she was picking up breakfast trays. (Ex. 1008 at 00:00 – 02:25.) At this time, Sierra-Lopez again showed her the paperclip. (Id.) Steingraeber immediately asked him for it, but he said, “Not right now.” (Id.) At that time, Steingraeber specifically asked Sierra-Lopez to let her know if he started feeling like he wanted to harm himself. (Id.) Steingraeber also informed Sierra-

Lopez that she had not yet contacted the HSU about his ibuprofen but would talk to the supervisory officer (Sergeant Price) about it. (Id.) Although Sierra-Lopez expressed frustration with his situation, he also told her he would wait and expressed no thoughts about or plans to harm himself. (Id.) At some point later that same morning, Officer Steingraeber noticed that Sierra- Lopez had covered his window. Because that is not allowed, she reported it to Sergeant

Price. Sierra-Lopez specifically alleges that this occurred while Steingraeber was conducting the security count on his tier at around 11:15 a.m., after which Sierra-Lopez represents he announced in a “loud and clear” voice that he was “having thoughts of cutting himself.” (Sierra-Lopez Decl. (dkt. #41) ¶ 43.) When no one came to check on him after his announcement, Sierra-Lopez then took a “large and sharp piece of hard solid plastic”

from a broken container and began cutting his left arm. (Id.) With his cell window still covered, Sierra-Lopez stated again to Steingraeber as she passed by his cell while taking another inmate to the shower at 11:20 a.m., that he was having thoughts about cutting himself. (Id. at ¶ 44.) After she allegedly ignored him, Sierra-Lopez reports cutting his left arm several more times with the piece of plastic.2 (Id. at ¶¶ 44, 46.)

Steingraeber took over as the officer in the sergeant’s station at 12:55 p.m. on September 3, 2021, and she stayed there until her shift ended at 2:00 p.m. Officer Steingraeber reports having no further contact with Sierra-Lopez that day. At no time that day does Steingraeber recall Sierra-Lopez ever expressing that he was having thoughts of self-harm. She notes further that Sierra-Lopez had opportunities to report any thoughts

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