Guines v. Clay Cnty.
| Decision Date | 03 November 2022 |
| Docket Number | 1:19CV225-GHD-DAS |
| Parties | JONATHAN GUINES PLAINTIFF v. CLAY COUNTY SHERIFF EDDIE SCOTT LARRY COOPERWOOD CITY OF WEST POINT DEFENDANTS |
| Court | U.S. District Court — Northern District of Mississippi |
This matter comes before the court on the pro se prisoner complaint of Jonathan Guines, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The plaintiff has brought the instant case under 42 U.S.C § 1983, which provides a federal cause of action against “[e]very person" who under color of state authority causes the "deprivation of any rights privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983. The plaintiff alleges that during his stay in the Clay County Jail, the defendants failed to protect him from attack by another inmate and failed to provide him with adequate medical care for injuries sustained during that attack. The plaintiff has not responded to the motion, and the deadline to do so has expired. For the reasons set forth below, the motion by the defendants for summary judgment will be granted, and the case will be dismissed with prejudice on the merits, under the doctrine of qualified immunity, and, in the alternative, for failure to exhaust administrative remedies.
Summary judgment is appropriate if the "materials in the record including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only) admissions, interrogatory answers, or other materials" show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a) and (c)(1), "The moving party must show that if the evidentiary material of record were reduced to admissible evidence in court, it would be insufficient to permit the nonmoving parry to carry its burden." Beck v. Texas State Bd. of Dental Examiners, 204 F.3d 629, 633 (5th Cir. 2000) (citing Celotex Corp. v. Catrett, 477 U.S. 317 (1986), cert, denied, 484 U.S. 1066 (1988)). After a proper motion for summary judgment is made, the burden shifts to the non-movant to set forth specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 US. 242,249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Beck, 204 F,3d at 633; Allen v. Rapides Parish School Bd, 204 F.3d619, 621 (5th Cir. 2000); Ragas v. Tennessee Gas Pipeline Company, 136 F.3d 455,458 (5th Cir. 1998).
Substantive law determines what is material. Anderson, 477 U.S at 249. Id., at 248. If the non-movant sets forth specific facts in support of allegations essential to his claim, a genuine issue is presented. Celotex, 477 U.S. at 327, "Where the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., A15 U.S, 574, 587, 89 L. Ed, 2d 538 (1986); Federal Savings and Loan, Inc. v. Krajl, 968 F.2d 500, 503 (5th Cir. 1992).
The facts are reviewed drawing all reasonable inferences in favor of the non-moving party. Allen, 204 F,3d at 621; PYCA Industries, Inc. v. Harrison County Waste Water Management Dist, 177 F.3d 351, 161 (5th Cir. 1999); Banc One Capital Partners Corp. v. Kneipper, 67 F.3d 1187,1198 (5th Cir. 1995). However, this is so only when there is "an actual controversy, that is, when both parties have submitted evidence of contradictory facts." Little v. Liquid Air Corp., 37 F.3d 1069,1075 (5th Cir. 1994); see Edwards v. Your Credit, Inc., 148 F.3d 427,432 (5th Cir. 1998). In the absence of proof, the court does not "assume that the nonmoving party could or would prove the necessary facts," Little, 37 F.3d at 1075 (emphasis omitted).
This matter arises out of Jonathan Guines' incarceration in the Clay County Jail in 2017. On June 16,2017, Guines alleges that he was assaulted by fellow inmate Vamario Baskin while in the custody of Clay County. He alleges that Officer Larry Cooperwood watched the assault and failed to protect Mm from it. Guines alleges that he received medical care for his injuries but claims that the medical care was constitutionally inadequate. Doc. 1, Complaint.
Undisputed Material Facts[1]
On June 1,2017, Jonathan Guines was arrested by the City of West Point Police Department for possession of a stolen firearm. Records Custodian Aff'd, Ex, A - Guines Intake, CLT (GUINES)-00340. He was booked in to the Clay County Jail on that same date to be held until Ms court date of June 23,2017. Id. Prior to Guines' arrest, Vamario Baskin was released from the custody of MDOC and, pursuant to a Clay County Circuit Court order, was transferred into the custody of Clay County Jail as a pretrial detainee to await Ms July criminal trial.[2] Records Custodian Aff'd, Ex. A - Baskin Intake, CLT-(GUINES)-000356. Guines was ultimately involved in a fight with Baskin on June 16, 2017.
On June 15,2017, the day before the incident with Baskin, Guines was transported to North Mississippi Medical Center in West Point, Mississippi after being found shaking on a mat following possible seizure activity. Records Custodian Aff'd, Ex. A - Guines Medical Records, CLT-(GUTNES)-000509. Medical providers noted that Guines was known to officers as having suffered a traumatic brain injury as a child, and they had previously witnessed his seizure activity. Id. Guines was treated and discharged back into Clay County Custody on that same day. Id.
The following day, June 16,2017, Guines had sufficiently recovered such that he was able to join outdoor recreation on the Clay County Recreation Yard ("Yard" or "Rec Yard"), where he appears to have walked around having lively conversations with fellow inmates. Video 002 (Yard). Mr. Baskin was also on the Yard that day - playing basketball. Id.
The guards' entryway for the Rec Yard is through the second story of the Jail through a locked gate. Once Officers enter the Rec Yard, they must navigate two (2) flights of stairs to make their way onto the yard ground level itself.
While Baskin was playing basketball, he and Guines exchanged words. Although the video does not contain audio, Guines provided an audio statement to officers regarding the incident and told them that Baskin called him a "bitch." Plaintiff Audio. Guines contends he asked "what you call me a bitch for,. .don't call me a bitch,.,yo mama a bitch." Id. Baskin, however, also provided an audio statement to officers regarding the incident, and Baskin recollects that Guines was walking up and down the basketball court telling other inmates how he was going to take their cigarettes and being antagonistic, Baskin Audio, According to Guines, Baskin then began walking aggressively towards him, and, when Baskin got close enough, Guines attempted to strike Baskin first. Plaintiff Audio. Guines alleges that he missed, and, when he did so, Baskin grabbed him by Ms hair. Id. Guines states that he struck Baskin two times, but on his third attempt, Baskin blocked the punch and hit him in the jaw twice. Guines told Baskin to let go of Ms hair, but Baskin allegedly hit Mm twice more causing Mm to fall against the fence and ultimately to the ground; he sustained the cuts to his head and mouth when he struck the ground - or concrete blocks on the ground. Id.
The video of the incident shows Guines and Baskin having a conversation, After Baskin gave a hard foul in the basketball game, he walked a few steps out from the baseline and placed Ms hands on Ms knees. Video 002 (Yard) at 8:27:01, Baskin appears to be preparing to play defense. Guines is within six or seven feet of Baskin at the time, standing just off the court in the grass. Id. While it is unclear what is being said, video depicts Guines talking to Baskin, who approached Guines and stopped approximately three feet away from him while continuing to converse with him. Id. at 8:27:11. Baskin then walked away from Guines back towards the baseline to rejoin the game but was still talking with Guines. Id. at 8:27:13-20.
Next, Baskin momentarily rejoined the basketball game by turning around to try and block a shot before reacting to something Guines directed at him in a very animated fashion. Id. at 8:27:21. Baskin then walked straight toward Guines; they both took swings at each other- and both missed. Id. at 8:27:25. The two men engaged in a struggle for twelve (12) seconds, after which Baskin walked to the other side of the yard from Guines. Id. at 8:27:25-37. Again, the entire fight took approximately twelve (12) seconds.
Within five (5) seconds of the first swing, Officer Cooperwood, who was providing security and supervision over the Rec Yard made his way down the two flights of stairs to restore order. Id. at 8:27:30, He arrived on the ground of the Rec Yard ten (10) seconds later, but the fracas was already over. Id. at 8:27:40. Only fifteen (15) seconds passed between the first swings and Cooperwood's arrival at the scene. Baskin had retreated, and the guards examined Guines and led him off the Rec Yard. Id. at 8:27:57 - 8:28:32, One minute and seven seconds (1:07) elapsed between the first punch and Guines' exit from the yard. Id. at...
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