Gonzales v. Uribe et al
Filing
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ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. ***Civil Case Terminated. Signed by Judge Richard Seeborg on 5/27/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/27/2011)
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*E-Filed 5/27/11*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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No. C 10-2442 RS (PR)
XAVIER GONZALES,
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ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT
Plaintiff,
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v.
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T. URIBE, et al.,
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Defendants.
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INTRODUCTION
This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state
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prisoner. For the reasons stated herein, defendants’ motion for summary judgment is
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GRANTED as to all claims against all defendants.
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BACKGROUND
This action arises from an attack on plaintiff on October 4, 2009 by Mark Gentle,
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who, like plaintiff, was an inmate at Salinas Valley State Prison (“SVSP”). The following
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facts are undisputed, unless noted otherwise. On October 4, 2009, plaintiff was housed in
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Facility A of SVSP, categorized by prison authorities as a “Protective Custody/ Sensitive
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Needs” inmate. Gentle was also in Facility C as an un-classified inmate pending his
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No. C 10-2442 RS (PR)
ORDER GRANTING MOT. FOR SUMM. J.
assignment to appropriate housing. Around noon that day, an inmate returned to his cell,
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which was next to Gentle’s. Correctional officer Uribe, working in the control booth, pushed
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a button to open the door to that inmate’s cell. At the same time, Uribe pushed the button
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that opened Gentle’s cell door. Uribe immediately tried to close Gentle’s door when she saw
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what she had done. Gentle, however, forced his way past the cell door as it was closing.
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Around this time, plaintiff was in the showers. After leaving his cell, Gentle ran down the
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stairs to where plaintiff was standing and struck plaintiff with his fists. Uribe shouted at
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Gentle to stop and lie on the floor.1 Correctional officers Valencia and Franklin, in response
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to Uribe’s shout, turned to see Gentle and plaintiff fighting, sounded their alarms, and ran to
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United States District Court
For the Northern District of California
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stop the fight, which, with some difficulty, they did. Plaintiff claims that defendants violated
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his Eighth Amendment rights by failing to protect him from the attack by Gentle. More
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specifically, plaintiff alleges that (1) Uribe was responsible for releasing Gentle; and
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(2) Valencia and Franklin failed to supervise Gentle properly.
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DISCUSSION
I.
Standard of Review
Summary judgment is proper where the pleadings, discovery and affidavits
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demonstrate that there is “no genuine issue as to any material fact and that the moving party
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is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). Material facts are those
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which may affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242,
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248 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a
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reasonable jury to return a verdict for the nonmoving party. Id.
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The party moving for summary judgment bears the initial burden of identifying those
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portions of the pleadings, discovery and affidavits which demonstrate the absence of a
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genuine issue of material fact. Celotex Corp. v. Cattrett, 477 U.S. 317, 323 (1986). On an
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issue for which the non-moving party will have the burden of proof at trial, as is the case
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Plaintiff asserts that Uribe did not issue a verbal order to Gentle before he attacked
plaintiff, but he does not dispute that Uribe ordered Gentle to lie down during the attack. (Opp.
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No. C 10-2442 RS (PR)
ORDER GRANTING MOT. FOR SUMM. J.
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here, the moving party need only point out “that there is an absence of evidence to support
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the nonmoving party’s case.” Id. at 325.
Once the moving party meets its initial burden, the nonmoving party must go beyond
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the pleadings and, by its own affidavits or discovery, “set forth specific facts showing that
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there is a genuine issue for trial.” Fed. R. Civ. P. 56(e). The court is only concerned with
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disputes over material facts and “factual disputes that are irrelevant or unnecessary will not
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be counted.” Anderson, 477 U.S. at 248. It is not the task of the court to scour the record in
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search of a genuine issue of triable fact. Keenan v. Allen, 91 F.3d 1275, 1279 (9th Cir.
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1996). The nonmoving party has the burden of identifying, with reasonable particularity, the
United States District Court
For the Northern District of California
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evidence that precludes summary judgment. Id. If the nonmoving party fails to make this
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showing, “the moving party is entitled to judgment as a matter of law.” Celotex, 477 U.S. at
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323.
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II.
Eighth Amendment Duty to Protect
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Plaintiff alleges that defendants violated his Eighth Amendment rights by failing to
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protect him from the violent attack by Mark Gentle. The Eighth Amendment requires that
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prison officials take reasonable measures to guarantee the safety of prisoners. Farmer v.
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Brennan, 511 U.S. 825, 832 (1994). In particular, prison officials have a duty to protect
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prisoners from violence at the hands of other prisoners. Id. at 833. The failure of prison
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officials to protect inmates from attacks by other inmates or from dangerous conditions at the
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prison violates the Eighth Amendment only when two requirements are met: (1) the
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deprivation alleged is, objectively, sufficiently serious; and (2) the prison official is,
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subjectively, deliberately indifferent to inmate safety. Farmer, 511 U.S. at 834.
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Regarding the deliberate indifference prong of this analysis, a prison official cannot be
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held liable under the Eighth Amendment for denying an inmate humane conditions of
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confinement unless the standard for criminal recklessness is met, i.e., the official knows of
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and disregards an excessive risk to inmate health or safety. See Farmer, 511 U.S. at 837.
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The official must both be aware of facts from which the inference could be drawn that a
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ORDER GRANTING MOT. FOR SUMM. J.
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substantial risk of serious harm exists, and he must also draw the inference. See id. Neither
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negligence nor gross negligence will constitute deliberate indifference. See at 835–36 & n.4;
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Estelle v. Gamble, 429 U.S. 97, 106 (1976). Allegations in a pro se complaint sufficient to
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raise an inference that the named prison officials acted with deliberate indifference — i.e,
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that they knew that plaintiff faced a substantial risk of serious harm and disregarded that risk
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by failing to take reasonable measures to abate it — states a “failure-to-protect” claim.
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Hearns v. Terhune, 413 F.3d 1036, 1041–42 (9th Cir. 2005).
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A.
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Plaintiff claims that Uribe violated his Eighth Amendment rights by causing the
Uribe’s Release of Gentle
United States District Court
For the Northern District of California
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circumstances under which Gentle was able to escape his cell and attack plaintiff. As to
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these claims, defendants have met their Celotex burden by (1) presenting evidence that
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Uribe’s release of Gentle was an accident, and not the result of deliberate indifference, (MSJ,
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Uribe Decl. ¶¶ 4–5), and (2) pointing out that plaintiff has not presented any evidence that
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Uribe knew of, and disregarded, a risk to plaintiff’s safety when she pressed the button to
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Gentle’s cell (MSJ at 8).
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Plaintiff, however, has not met his burden. Plaintiff avers only that Uribe “just let”
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Gentle out of his cell. (Pl.’s Opp. to MSJ (“Opp.”) at 6). “Just let” fails to show a triable
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issue of material fact. First, plaintiff’s assertion appears in his unverified opposition, and not
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in the verified declaration, and therefore cannot be considered evidence. Second, “just let,”
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even interpreted broadly, shows at worst negligence or gross negligence, which is
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insufficient to show deliberate indifference. See Farmer, 511 U.S. at 835–36 & n.4. Plaintiff
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also attempts to show a triable issue by asserting that Uribe’s state of mind is a matter of fact
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for a jury. Such statements are legal conclusions, not evidence.
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B.
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Plaintiff claims that Uribe, Valencia, and Franklin failed to take appropriate steps after
Remedial Actions
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Gentle’s release. Plaintiff asserts that Uribe could have, but did not, issue a direct order to
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Gentle over the loudspeaker, activate an alarm, fire a non-lethal round at Gentle, or inform
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No. C 10-2442 RS (PR)
ORDER GRANTING MOT. FOR SUMM. J.
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nearby correctional officers of Gentle’s escape. (Pl.’s Opp. to MSJ at 5–6.) Plaintiff also
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asserts that correctional officers Valencia and Franklin failed to act when Gentle “ran” past
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them on his way to attack plaintiff. (Id. at 6–7.)
Defendants have met their Celotex burden by presenting evidence, undisputed by
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plaintiff, that they took appropriate and timely action. First, Uribe asserts that she
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immediately recognized her mistake and then attempted to prevent Gentle’s escape by
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closing his door, though Gentle did escape. (MSJ, Uribe Decl. ¶¶ 4–5.) Second, defendants
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have presented evidence, undisputed by plaintiff, that Valencia and Franklin could not act to
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protect plaintiff until they became aware of Gentle’s presence, an apprehension delayed by
United States District Court
For the Northern District of California
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the fact that Gentle came from behind them. (Id., D. Franklin Decl. ¶¶ 3–4; P. Valencia
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Decl. ¶¶ 3–4.) Defendants could not act until Gentle was actually in contact with plaintiff
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because Gentle ran from behind Valencia and Franklin and then toward plaintiff. Plaintiff
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asserts that Valencia and Franklin failed to use effective means and simply “stood by and
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watched” as Gentle attacked plaintiff. This is an insufficient evidentiary showing. Plaintiff
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does not state how long the officers allegedly “stood by and watched.” The record indicates
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that whatever delay occurred arose from the time it took defendants to understand what
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events were happening. As noted above, Gentle’s direction of movement and speed
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prevented the correctional officers from intercepting him before he reached plaintiff, and
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further prevented them from acting for a few moments after Gentle reached plaintiff.
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Plaintiff also alleges that defendants knew, or should have known, that Gentle was
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dangerous, and therefore knew of a risk to plaintiff’s safety. The undisputed facts, however,
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show that the release of Gentle was accidental. Defendants could not have accidentally
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disregarded a risk to plaintiff’s safety. On such a record, defendants’ motion for summary
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judgment is GRANTED in favor of Uribe, Valencia, and Franklin as to all claims.
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//
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//
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No. C 10-2442 RS (PR)
ORDER GRANTING MOT. FOR SUMM. J.
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CONCLUSION
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Defendants’ motion for summary judgment (Docket No. 19) is GRANTED. The
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Clerk will enter judgment in favor of defendants T. Uribe, P. Valencia, and D. Franklin as to
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all claims, terminate Docket No. 19, and close the file.
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IT IS SO ORDERED.
DATED: May 26, 2011
RICHARD SEEBORG
United States District Judge
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United States District Court
For the Northern District of California
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No. C 10-2442 RS (PR)
ORDER GRANTING MOT. FOR SUMM. J.
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