Axelson v. Watson et al

Filing 122

ORDER adopting in part and rejecting in part 114 the partial recommended disposition; granting in part and denying in part 96 defendants' motion for summary judgment; directing the clerk to terminate defendants Ashlee Shabazz, Mark Stephe ns, Myheisia Jones, Travis Goins, Larry Louis, Gary Williams, Deborah Andrews, Shondreka Cooper, James Plummer, and Freddie Gibson; and allowing Axelson's claims against defendants Jackson, Washington, Watson, Bolden, Connor, Mothershed, and Rogers to proceed. Signed by Chief Judge Brian S. Miller on 11/4/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TIM AXELSON,
ADC #97108
v.

PLAINTIFF
CASE NO. 5:15-CV-00241 BSM

RANDALL WATSON, et al.

DEFENDANTS

ORDER
The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge Beth Deere [Doc. No. 114] and plaintiff Tim Axelson’s objection [Doc. No. 118]
have been reviewed. After de novo review of the entire record, the PRD is adopted in part
and rejected in part. In addition to allowing Axelson to proceed on his claims against
defendants Moses Jackson and Floria Washington, who were specifically identified by name
during the grievance process, Axelson may proceed on his claims against defendants Randall
Watson, Kennie Bolden, William Connor, Telicia Mothershed, and John Rogers because “the
[claims] in which the failure to name a defendant requires dismissal are those [claims] in
which the failure . . . prevented the ADC from investigating the grievance on the merits.”
Daniels v. Hubbard, No. 5:14CV00360 BSM, 2015 WL 9222627, at *1 (E.D. Ark. Dec. 17,
2015).
Warden Randall Watson was sufficiently identified as “the warden” in grievance
VSM-13-00993 [Doc. No. 96-5] and as one responsible for releasing Axelson back into the
general population. Major Kennie Bolden, as chief of security, was sufficiently identified

in grievance VSM-13-00768 [Doc. No. 96-3] as “he[a]d of security” responsible for failing
to protect Axelson, and the same applies to Captain William Connor to the degree that he
functioned as a head of security responsible for ensuring a sufficient number of guards were
assigned to each post. See Compl. ¶ 18, Doc. No. 2. Telicia Mothershed was sufficiently
identified in grievance VSM-13-00768 [Doc. No. 96-3] because Axelson provided the date,
time, and exact location of the incident and complained that the female officer supervising
barracks 19, 20, 21, and 22 was responsible for failing to protect Axelson from the attacker
she let into the barracks. Finally, Officer John Rogers was also sufficiently identified in
grievance VSM-13-00768 [Doc. No. 96-3] as “the officer at [barracks] 13-14” who let
Axelson’s attacker through to the new building. Although Axelson did not use individual
names for these defendants as required by the ADC’s Inmate Grievance Procedure, each of
these grievances allowed the ADC to realize the benefits of the exhaustion requirement and
decide each grievance on the merits with respect to each of the aforementioned defendants,
thus making summary judgment on the issue of exhaustion for the failure to name defendants
inappropriate for Watson, Bolden, Connor, Mothershed, and Rogers. See Daniels, 2015 WL
9222627, at *2.
To the contrary, Axelson’s failure to name the rest of the individual defendants did
prevent the ADC from being able to investigate the merits of his grievances against them as
individuals. Therefore, summary judgment is appropriate for defendants Ashlee Shabazz,
Mark Stephens, Myheisia Jones, Travis Goins, Larry Louis, Gary Williams, Deborah
Andrews, Shondreka Cooper, James Plummer, and Freddie Gibson.
Accordingly, defendants’ motion for summary judgment [Doc. No. 96] is granted

in part and denied in part. The clerk is directed to terminate defendants Ashlee Shabazz,
Mark Stephens, Myheisia Jones, Travis Goins, Larry Louis, Gary Williams, Deborah
Andrews, Shondreka Cooper, James Plummer, and Freddie Gibson. Axelson’s claims
against defendants Jackson, Washington, Watson, Bolden, Connor, Mothershed, and Rogers
may proceed.
IT IS SO ORDERED this 4th day of November 2016.

______________________________________
UNITED STATES DISTRICT JUDGE