Watkins v. Lancor

558 F. App'x 662
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 12, 2014
DocketNo. 13-2362
StatusPublished
Cited by7 cases

This text of 558 F. App'x 662 (Watkins v. Lancor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watkins v. Lancor, 558 F. App'x 662 (7th Cir. 2014).

Opinion

ORDER

Ronnie Watkins, an inmate at Green Bay Correctional Institution in Wisconsin, filed suit under 42 U.S.C. § 1983 claiming that managers of the prison’s kitchen staff subjected him to cruel and unusual punishment in violation of the Eighth Amendment. Watkins, who worked as a dishwasher, alleged that the defendants’ indifference to dangerous working conditions caused him to break a finger during a slip-and-fall. He also accused Thomas Lancor, a chef, of preventing him from getting medical treatment for three days while also forcing him to work his assigned shifts during that period. At screening, see 28 U.S.C. § 1915A, the district court dismissed the action as against all of the defendants except Lancor, and later the court granted summary judgment to him on the ground that Watkins had failed to exhaust his administrative remedies. See 42 U.S.C. § 1997e(a). We disagree with the court’s exhaustion analysis and remand for further proceedings on Watkins’s claim that Lancor prevented him from obtaining medical treatment.

For purposes here, we accept as true Watkins’s allegations (which, even at summary judgment, Lancor did not dispute). Watkins fell and broke his finger on March 15, 2010, after slipping on water that had leaked from a defective dishwasher. That day Watkins was wearing his everyday boots, not the protective overshoes required by prison policy, because overshoes were in short supply and none were available that day. A steel silverware rack landed on his hand when he fell, which caused the break to Watkins’s finger. Watkins told Lancor that he was in extreme pain and that his finger was swollen, and Lancor helped him complete an accident report. But Lancor forced him to keep washing dishes until his shift ended, and would not permit him to miss work to get medical attention during the next two days. Not until March 18 did Watkins see a nurse, who diagnosed the break and [664]*664placed the finger in a splint. After that Watkins was allowed to work in a different job that did not aggravate his residual pain from the break.

Watkins filed a grievance concerning the accident on March 31, 2010. The Inmate Complaint Examiner returned that grievance a day later, characterizing it as more of an “informational piece than a complaint.” Watkins resubmitted the grievance that same day after clarifying that he was complaining about being made to work in known, unsafe conditions that caused him to fall and break his finger. This time the Inmate Complaint Examiner rejected the grievance as untimely because it was submitted more than 14 days after the March 15 accident. Watkins appealed that decision and won. The Inmate Complaint Examiner then investigated the merits of the grievance but recommended that it be dismissed by the Reviewing Authority, who concurred. Watkins again appealed to the Corrections Complaint Examiner, highlighting the unsafe working conditions but also adding that he “wasn’t sent to medical by the kitchen staff.” The Corrections Complaint Examiner upheld the Reviewing Authority’s decision, reasoning that prison administrators had addressed Watkins’s concerns appropriately and reasonably, and that Watkins presented “no new information that would warrant recommending overturning that decision.”

In screening the complaint, the district court noted that it was “most regrettable” that Watkins had fallen in the kitchen but concluded that making him work in an area with a wet, slippery floor amounted at most to negligence, not deliberate indifference. The court thus dismissed from the suit all of the defendants except Lancor. But the court allowed Watkins to proceed on his claim that Lancor had kept him from getting necessary medical care for his broken finger.

Chef Lancor moved for summary judgment on the sole ground of failure to exhaust administrative remedies. He noted that Watkins’s grievance initially focused only on the unsafe working conditions. Therefore, he argued, the allegation concerning the denial of medical care, which Watkins had inserted while his grievance was on appeal to the Corrections Complaint Examiner, contravened the “one issue” rule for grievances, see Wis. Adm.Code DOC § 310.09(l)(e), and thus was outside the scope of his administrative appeal. Moreover, Lancor continued, the allegation about being denied medical care is too vague to be meaningful even if Watkins was authorized to add the allegation during his administrative appeal. The district court accepted this analysis but also added, without prompting from Lancor or reference to specific evidence in the record, that the claim against Lancor “would not survive” on the merits because “it is clear from the record that Lancor only supervised Watkins while he was working in the kitchen” and was “not in a position” to stop him from seeking medical attention “as soon as his work shift ended.”

On appeal Watkins first argues that the district court erred in dismissing at screening his claim that making him work in unsafe conditions constituted deliberate indifference. He argues that the combination of the leaky dishwasher, slippery floor, and lack of safety overshoes, as well as the fact that the defective dishwasher was replaced after his accident shows that prison administrators knew about but failed to correct the dangerous working conditions. Thus, Watkins asserts, his claim rose above the level of negligence and should have survived screening.

We review de novo a dismissal under § 1915A. Christopher v. Buss, 384 F.3d 879, 881 (7th Cir.2004). To succeed on his deliberate-indifference claim about [665]*665the kitchen conditions, Watkins would need to show that the defendants knew that his working conditions presented a substantial risk of serious physical injury but did nothing to protect him. See Smith v. Peters, 631 F.3d 418, 421 (7th Cir.2011); Bagola v. Kindt, 131 F.3d 632, 646 (7th Cir.1997). Ordinarily, though, a wet kitchen floor poses little risk of serious harm to inmates, and thus allowing a wet floor to go unremedied would not violate the Eighth Amendment. See Snipes v. DeTella, 95 F.3d 586, 592 (7th Cir.1996) (concluding that “inch or two of standing water in the shower” does not pose excessive risk to safety); Reynolds v. Powell, 370 F.3d 1028, 1031 (10th Cir.2004); LeMaire v. Maass, 12 F.3d 1444, 1457 (9th Cir.1993) (noting that subjecting inmates to slippery floors does not state an arguable Eighth Amendment claim). Moreover, if a wet floor is not a sufficiently dangerous condition, then neither could the shortage of protective overshoes for the wet floor support a claim of deliberate indifference. At most, Watkins alleges that the defendants were negligent in not repairing the leaky dishwasher, but negligence or even gross negligence will not support a claim of deliberate indifference. See Rosario v. Brawn,

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558 F. App'x 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-lancor-ca7-2014.