HEMPSTEAD v. MCDONOUGH, et al

Filing 224

ORDER OF DISMISSAL - The Report and Recommendation 221 is ACCEPTED and adopted as the court's opinion.; DENIED 216 Plaintiff's Motion for Summary Judgment; GRANTED 199 Defendants' Motion for Summary Judgment. &qu ot;The plaintiff's claims based on events that occurred or allegedly occurred after this case was filed are dismissed without prejudice for failing to exhaust administrative remedies. The plaintiff's claims based on events that occurred or allegedly occurred before this case was filed are dismissed with prejudice." Signed by JUDGE ROBERT L HINKLE on 9/17/2011. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

HAROLD HEMPSTEAD,
Plaintiff,
v.

CASE NO. 4:07cv513-RH/GRJ

CHARLES HALLEY et al.,
Defendants.
_______________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 221, and the objections, ECF No. 222, as well the
plaintiff’s proffered supplemental summary-judgment materials, ECF No. 223. I
have reviewed de novo the issues raised by the objections. The report and
recommendation is correct and will be adopted as the court’s opinion, with this
additional note.
As accurately noted in the report and recommendation, a prisoner can
recover against a prison official who is deliberately indifferent to the risk that the
prisoner will suffer harm at the hands of others. This record shows that the
defendant prison officials were not deliberately indifferent to the plaintiff’s claims
that he was at risk. Instead, the defendants investigated the plaintiff’s claims, and

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nothing in the record suggests that they did anything other than exercise their best
professional judgment based on the available information. If the plaintiff was
assaulted—and for summary-judgment purposes I accept the claim that he was—
he is still not entitled to recover against the defendants, because there is no
evidence they participated in or were deliberately indifferent to the risk of such an
assault.
IT IS ORDERED:
1. The report and recommendation is ACCEPTED and adopted as the
court’s opinion.
2. The defendants’ motion for summary judgment, ECF No. 199, is
GRANTED.
3. The plaintiff’s motion for summary judgment, ECF No. 216, is DENIED.
4. The clerk must enter judgment stating, “The plaintiff’s claims based on
events that occurred—or allegedly occurred—after this case was filed are
dismissed without prejudice for failing to exhaust administrative remedies. The
plaintiff’s claims based on events that occurred—or allegedly occurred—before
this case was filed are dismissed with prejudice.”
5. The clerk must close the file.
SO ORDERED on September 17, 2011.
Robert L. Hinkle
United States District Judge
Case No: 4:07cv513-RH/GRJ