Wright v. Miller

561 F. App'x 551
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 14, 2014
DocketNo. 13-1670
StatusPublished
Cited by35 cases

This text of 561 F. App'x 551 (Wright v. Miller) 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
Wright v. Miller, 561 F. App'x 551 (7th Cir. 2014).

Opinion

ORDER

Jeremy Wright, an inmate at Pontiac Correctional Center, challenges the district court’s decision to grant summary judgment in his § 1983 suit. He alleges that the prison officials were deliberately indifferent to his safety when they denied his request for protective custody. He seeks punitive damages and an injunction to place him permanently in protective custody. The district court concluded that it could not issue an injunction because Wright had not established a continuing constitutional violation. It also ruled that the defendants had not been deliberately indifferent to a substantial risk of harm. We agree with the district court that it could not order an injunction and that the top-level administrators are not liable. But we remand because of a genuine fact dispute over whether one defendant intentionally exposed Wright to likely and severe violence.

In reviewing the district court’s ruling, we construe the record and draw reasonable inferences in Wright’s favor. See Andrews v. CBOCS W., Inc., 743 F.3d 230, [553]*553232 (7th Cir.2014). Wright has been incarcerated since 1996. In 1999, while he was at Stateville Correctional Center, prison officials placed him in protective custody because he had renounced his membership in the Latin Kings gang and the gang might target him for retaliation. Officials transferred Wright three years later to Pontiac, a prison exclusively for inmates in protective custody. He remained in protective-custody status there for six years, until officials assigned him to the segregation unit for misconduct.

Upon his release from the segregation unit seven months later, Wright asked to return to protective custody at Pontiac. He remained at Pontiac, and thus in protective custody, while his request was considered. Wright offered Pontiac two reasons for his request: his sexual orientation and status as an ex-Latin King. Even though ten years earlier Stateville officials had first put Wright in protective custody because he was an ex-Kings member, Pontiac staff could not verify his ex-member status. So the warden at Pontiac denied Wright’s request, and the Administrative Review Board affirmed the warden’s decision. Because Pontiac is exclusively for protective-custody inmates, once the Board denied Wright’s appeal, prison authorities transferred him to Menard Correctional Center in February 2011.

During his first four days at Menard, Wright lived in the general population. After Latin King members threatened him, he asked several officers (none is a defendant here) to place him in protective custody. When they refused, Wright filed an emergency grievance. Menard officials removed him from the general population pending the resolution of his grievance.

An internal-affairs officer (also not a defendant) investigated the grievance and recommended that the prison return Wright to the general population. The officer reasoned that the threats Wright received did not warrant protective custody because he could not name the Latin Kings members who had threatened him. The officer also speculated that Wright was seeking protective custody only to return to Pontiac to continue a relationship with another Pontiac inmate.

Wright sought and received a hearing with defendant David Hennrich, a casework supervisor, to review his request for protective custody. Hennrich explained that he recommended inmates for protective custody only if internal affairs made the same recommendation. He also thought that Wright did not require protective custody because, with his stature and size, he could protect himself. Wright replied that he feared attack because he was both a homosexual and a former Latin Kings member. Upon hearing this information, Hennrich agreed, warning that “The Kings ain’t no sissies, they’ll stab your ass up dude for being homosexual.” After predicting that the Latin Kings would stab him for being a homosexual, Hennrich nonetheless recommended that the warden return Wright to the general population.

Relying on Hennrieh’s recommendation and that of the internal-affairs officer, Me-nard’s warden saw no verifiable threat to Wright’s safety and denied his request for protective custody. Wright appealed to the Administrative Review Board. The chair of the Board upheld the warden’s decision, and the director of the Illinois Department of Corrections concurred. This process lasted about a month, after which prison officials placed Wright in the general population, where he feared an imminent attack.

Four hours after officials returned him to the general population, inmates indeed threatened Wright. He again requested protective custody and was immediately [554]*554removed from the general population. This time, though, he was able to name the inmates who had threatened him, and officials approved his request. Wright was transferred to Stateville and later to Pontiac, where he is currently incarcerated.

Wright has sued Hennrich, alleging that he violated the Eighth Amendment by recommending against granting Wright’s request for protective custody even though he knew that Wright would be stabbed. (Wright initially named “Counselor Hendricks,” but the parties agree that the defendant is David Hennrich.) Also named in this suit are Menard’s warden, the director of the Illinois Department of Corrections, and the chair of the Administrative Review Board. Wright seeks punitive damages and an injunction against removal from protective custody.

Wright’s complaint survived screening under 28 U.S.C. § 1915A, and the district court granted summary judgment to all defendants. It denied Wright’s request for an injunction because he was in protective custody, so he could show no ongoing violation. The court also ruled that his claims for punitive damages failed. The claims against the Board member and the director of the Department failed, the court reasoned, because they merely reviewed the decision on an administrative grievance. See George v. Smith, 507 F.3d 605, 609-10 (7th Cir.2007). And Menard’s warden was not liable because he permissibly relied on a subordinate’s recommendation. See Burks v. Raemisch, 555 F.3d 592, 595-96 (7th Cir.2009). Finally, the court addressed the claim against Henn-rich. It ruled that Hennrich had relied on the internal-affairs report and Wright’s height and stature and therefore was not deliberately indifferent. The court dismissed Hennrich’s prediction that, “The Kings ain’t no sissies, they’ll stab your ass up dude for being homosexual,” as insufficient to warrant a trial. Wright asked for leave to file a motion under Federal Rule of Civil Procedure 59, but appealed two days later.

Several of Wright’s arguments clearly lack merit and can be resolved with little discussion. Wright first contends that the district court should have ruled on his request to file a Rule 59 motion. But when Wright appealed two days after filing his request, he divested the district court of jurisdiction. See United States v. Woodard, 744 F.3d 488, 495 (7th Cir.2014); Grube v. Lau Indus., Inc.,

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Bluebook (online)
561 F. App'x 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-miller-ca7-2014.