Holsombach v. Kelley et al

Filing 23

ORDER adopting 17 the recommended disposition on the issue of exhaustion; denying 14 defendants' motion for summary judgment on this issue; rejecting 17 the recommended disposition as to its recommendation that plaintiff's claim for injunctive relief be denied; and directing the clerk to remand this case to Judge Deere for proceedings consistent with this order. Signed by Chief Judge Brian S. Miller on 9/16/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK HOLSOMBACH
ADC# 134723
v.

PLAINTIFF

CASE NO. 5:15CV00222 BSM

WENDY KELLEY et al.

DEFENDANTS
ORDER

The recommended disposition (“RD”) filed by United States Magistrate Judge Beth
Deere and plaintiff Mark Holsombach’s objections thereto have been reviewed. After
carefully considering these documents and reviewing the record de novo, the RD is adopted
on the issue of exhaustion, and defendants’ motion for summary judgment on this issue is
denied, and the RD is rejected as to its recommendation that plaintiff’s claim for injunctive
relief be denied.
Judge Deere denied defendants’ motion for summary judgment, which only asserted
that plaintiff failed to exhaust his administrative remedies. She proceeded to screen
plaintiff’s claim for injunctive relief and dismissed it based on her conclusion that plaintiff
cannot show immediate threat because he is being held in administrative segregation, is not
allowed to have contact with the general prison population, and is escorted by two prison
officers each time he leaves his cell. See 28 U.S.C. § 1915A. In his objection, however,
plaintiff alleges that general population inmates are allowed to access administrative
segregation freely. See Holsombach Objs. at 15, Doc. No. 19. He states that these inmates
perform various jobs in segregation, which leaves segregation inmates exposed. See id.

Plaintiff also alleges that he witnessed another administrative segregation inmate being
stabbed while escorted by two prison guards. Id.
In that prison officials are bound by the Eighth Amendment to take reasonable
measures to guarantee inmate safety, Irving v. Dormire, 519 F.3d 441, 450 (8th Cir. 2008),
plaintiff has sufficiently alleged an immediate threat to his safety so as to survive screening.
Accordingly, in light of plaintiff’s new allegations, the RD is rejected on plaintiff’s claims
for injunctive relief.
IT IS THEREFORE ORDERED that:
1

Defendants’ motion for summary judgment [Doc. No. 14] is denied.

2

The clerk is directed to remand this case to Judge Deere for proceedings

consistent with this order.
IT IS SO ORDERED this 16th day of September 2015 day.

________________________________
UNITED STATES DISTRICT JUDGE

2