Gibson v. Brooks

• Decision Date: 16 September 2004
• Docket Number: No. CIV.A.3-02-CV-1592 J.,CIV.A.3-02-CV-1592 J.
• Parties: Joseph GIBSON, III Plaintiff v. Warden BROOKS, et al. Defendants
• Court: U.S. District Court — District of Connecticut

335 F.Supp.2d 325

Joseph GIBSON, III Plaintiff v. Warden BROOKS, et al. Defendants

No. CIV.A.3-02-CV-1592 J.

United States District Court, D. Connecticut.

September 16, 2004.

John R. Williams, Williams & Pattis, New Haven, CT, for Plaintiff.

Robert F. Vacchelli, Attorney General's Office Public Safety & Special Revenue, Hartford, CT, for Defendants.

RULING ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [DKT. NO. 27]

HALL, District Judge.

The plaintiff, Joseph Gibson, is an inmate of the Connecticut Department of Correction and has filed this civil rights action alleging that on September 16, 1999, he was assaulted by another inmate at the Osborn Correctional Institution. Plaintiff claims that the defendants, Warden Brooks, Lieutenant King, and C.T.O. Diefenderfer, failed to prevent the assault and, thus, violated the plaintiff's rights under the Eighth and Fourteenth Amendments of the United States Constitution. Compl. [Dkt. No. 1] at ¶ 10. Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the defendants have moved for summary judgment, arguing that (1) the plaintiff has failed to allege that he exhausted his administrative remedies, (2) the complaint fails to state a claim upon which relief can be granted due to lack of personal participation by two of the defendants, and (3) the defendants are shielded from liability by the doctrine of qualified immunity.

I. FACTUAL BACKGROUND

We consider the facts in the light most favorable to the plaintiff. Gibson alleges that he was a prison informant for the defendants and provided them with information concerning the unlawful or potentially unlawful activities of other inmates. Compl. [Dkt. No. 1] ¶ 3. He alleges that, on September 16, 1999, he was attacked by another inmate wielding a home-made knife with four razor blades attached to it, and that he was seriously injured in the attack. Id. ¶ 7. Gibson further alleges that the defendants had actual knowledge prior to the assault by the other inmate that the inmate presented a threat to Gibson's life, and that the defendants assured him that they would make an appropriate institutional transfer to protect him. Id. ¶ 8. Gibson alleges that the defendants were deliberately indifferent to his safety needs and violated his right to be free from cruel and unusual punishment. Id. ¶ 10.

Gibson also claims that shortly after the assault, while he was hospitalized for his injuries, he confronted one of the defendants, Diefenderfer, about Diefenderfer's failure to prevent the attack. Defendant's Local Rule 56(a)(1) Statement [Dkt. No. 28], Att. A, Gibson Depo. at 24-25. According to Gibson, Diefenderfer acknowledged his failure to protect Gibson and apologized for the incident. Gibson did not pursue further remedies, either against the attacker or against prison officials, with respect to the incident.

On December 15, 1999, Gibson was released. On October 3, 2001, however, he was reincarcerated and has been imprisoned since that date. Defendant's Local Rule 56(a)(1) Statement [Dkt. No. 28], Att. C, Affidavit of Giovanny Gomez at ¶ 4. Gibson filed his complaint in this case on September 9, 2002. He seeks compensatory and punitive damages as well as attorney fees and costs.

II. DISCUSSION

A. Introduction

Arguing that Gibson failed to exhaust his administrative remedies, the defendants have moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Additionally, defendants argue that Gibson's complaint fails to state a claim upon which relief can be granted with respect to two of the defendants because it does not allege personal participation on the part of those defendants. Finally, defendants claim that all three defendants acted within the scope of their qualified immunity as employees of the State of Connecticut.

B. Standard of Review.

In a motion for summary judgment, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. See, Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); White v ABCO Eng'g Corp., 221 F.3d 293, 300 (2d Cir.2000). A court must grant summary judgment "`if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact ....'" Miner v. City of Glens Falls, 999 F.2d 655, 661 (2d Cir.1993) (citation omitted). A dispute regarding a material fact is genuine "`if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505), cert. denied, 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992). After discovery, if the nonmoving party "has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof," then summary judgment is appropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

When a motion for summary judgment is supported by documentary evidence and sworn affidavits, the nonmoving party "may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e); see also Anderson, 477 U.S. at 256, 106 S.Ct. 2505 (1986). The nonmoving must present "significant probative evidence to create a genuine issue of material fact." Soto v. Meachum, Civ. No. B-90-270 (WWE), 1991 WL 218481, at ^*6 (D.Conn. Aug. 28, 1991). Further, a party may not rely "on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment." Knight v. U.S. Fire Ins. Co., 804 F.2d 9, 12 (2d Cir.1986), cert. denied, 480 U.S. 932, 107 S.Ct. 1570, 94 L.Ed.2d 762 (1987).

The court resolves "all ambiguities and draw[s] all inferences in favor of the nonmoving party in order to determine how a reasonable jury would decide." Aldrich, 963 F.2d at 523. Thus, "[o]nly when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.), cert. denied, 502 U.S. 849, 112 S.Ct. 152, 116 L.Ed.2d 117 (1991). See also Suburban Propane v. Proctor Gas. Inc., 953 F.2d 780, 788 (2d Cir.1992). A party may not create a genuine issue of material fact by presenting contradictory or unsupported statements. See Securities & Exchange Comm'n v. Research Automation Corp., 585 F.2d 31, 33 (2d Cir.1978). Nor may he rest on the "mere allegations or denials" contained in his pleadings. Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995). See also Ying Jing Gan v. City of New York, 996 F.2d 522, 532 (2d Cir.1993) (holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible).

C. The Prison Litigation Reform Act

The Prison Litigation Reform Act of 1995, 42 U.S.C. § 1997e(a) constrains the ability of prisoners to bring federal actions "with respect to prison conditions." Prisoners cannot pursue § 1983 or other federal actions alleging deficiencies in prison conditions "until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). The statute defines the term "prisoner" as "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release or diversionary program." 42 U.S.C. § 1997e(h).

The Second Circuit recently clarified the application of the § 1997e(a) exhaustion requirement to cases brought by prisoners with respect to prison conditions. Where "a prisoner plaintiff plausibly seeks to counter defendants' contention that the prisoner has failed to exhaust available administrative remedies," a three-part inquiry guides the analysis of whether a plaintiff has met the requirements of § 1997e(a). Hemphill v. State of New York, 380 F.3d 680, 685 (2d Cir.2004). First, it must be determined whether administrative remedies were available for the purposes of § 1997e(a). Second, the court must consider whether the defendant, by failing to raise or preserve the defense of exhaustion or by inhibiting the ability of the plaintiff to pursue administrative remedies, forfeited or is estopped from raising failure to exhaust as a defense. Lastly, where administrative remedies were available and the defendant has not forfeited the defense of failure to exhaust, this court must consider whether special circumstances existed to excuse the plaintiff's failure to pursue or exhaust available administrative remedies. Id.

" `[S]pecial circumstances' may excuse a prisoner's failure to exhaust" otherwise available administrative remedies. Giano v. Goord, 380 F.3d 670, 675, 678 (2d Cir.2004). In order to determine whether such circumstances exist, this court must consider whether the defendant's failure to exhaust is justified. The court must consider in its analysis that "[w]hat is justification in the PLRA context for not following procedural requirements-so that when grievance procedures are no longer available, a § 1983 action can be brought-...must be determined by looking at the circumstances which might understandably lead usually uncounselled prisoners to fail to grieve in the normally required way." Giano, at 677. For example, reasonable reliance on regulations, statutes, or case law might excuse a prisoner's failure to pursue administrative remedies. Id. In addition, physical threats made by prison officials might excuse a prisoner's choice to use an alternative approach to filing a grievance rather...