WEBB v. WARDEN

Filing 36

ORDER DECLINING TO ADOPT THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - re 35 Report and Recommendation, Case returned to Magistrate for further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/7/14. (deb)

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

CHESTER WEBB,
Plaintiff,
v.

4:12cv308-WS-GRJ

WARDEN, et al.,
Defendants.

ORDER DECLINING TO ADOPT THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
35) docketed November 8, 2013. The magistrate judge recommends that the
plaintiff's complaint be dismissed for failure to state a claim. Because this court
finds that the plaintiff has sufficiently alleged an Eighth Amendment claim, the
court declines to adopt the magistrate judge's report and recommendation.
The plaintiff alleges that, while he was incarcerated at Taylor Correctional
Institution, he was brutally attacked by an another inmate ("Inmate Crawford")
with a razor blade, a bludgeon, and multiple kicks to the head. The attack
allegedly caused the plaintiff to suffer permanent injuries, including partial

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paralysis on the right side of his body, loss of the use of his right hand, loss of
hearing in his right ear, frequent seizures, and scarring and disfigurement. The
plaintiff also alleges that, before the attack occurred, prison records revealed that
Inmate Crawford was "a threat to the security of the institution and safety of
others," that he had "a previous record of attacking other individual inmates," that
he was classified as a high risk (HO-4) inmate, and that certain correctional
officers were well aware of his violent record when they released him from
confinement and assigned him to an open bay dormitory that "ordinarily only
hous[ed] inmates designated as HO-3 or below." Finally, the plaintiff alleges that
certain correctional officers had a "full view" of the attack but failed to
immediately act and intercede on the plaintiff's behalf.
Prison officials "have a duty to protect prisoners from violence at the hands
of other prisoners." Farmer v. Brennan, 511 U.S. 825, 933 (1994) (internal
quotation marks and ellipsis omitted). To state a claim for failure to protect, an
inmate must allege that (1) prison officials had subjective knowledge of the risk of
serious harm; but (2) nevertheless failed to reasonably respond to the risk. Id. at
837. Here, the court cannot conclude that the plaintiff has failed to allege—as to
all of the defendants—the requisite elements of an Eighth Amendment failure-toprotect claim, such that his complaint against all defendants should be dismissed

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pursuant to 1915 (e)(2)(B)(ii) as recommended by the magistrate judge.
Accordingly, it is ORDERED:
1. The court DECLINES TO ADOPT the specific recommendation made by
the magistrate judge.
2. Given the serious allegations in this case, the plaintiff's physical
handicaps, the plaintiff's many unsuccessful attempts to obtain the names of the
defendants (now identified only by title, shift, and dormitory), and the Eleventh
Circuit's decision in Neal v. Cassiday, 511 F. App'x 865, 866 (11th Cir. 2013)
(reversing jury verdict in favor of correctional officers where the district court
declined to appoint counsel for inmate who was unable to find addresses for almost
all of his witnesses due to the prison system's "inter-institution
communication–prohibition rules"), it seems prudent to now appoint counsel for
this plaintiff.
3. The case shall be returned to the magistrate judge for further proceedings,
including appointment of counsel.
DONE AND ORDERED this 7th

day of

January

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE