Sanchez v. Marianna Federal Prison Industries et al

Filing 111

ORDER OF DISMISSAL re 108 REPORT AND RECOMMENDATION ; granting 99 Motion for Summary Judgment. The clerk must enter judgment stating, "This action was resolved on a motion for summary judgment. It is ordered that the plai ntiff Ricardo Sanchez recover nothing. The claims against the defendants Jose L. Sanchez, Jr., and Drew Short are dismissed on the merits. All other claims against all other defendants are dismissed." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 8/23/2015. (jcw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

RICARDO SANCHEZ,
Plaintiff,
v.

CASE NO. 5:10cv288-RH/EMT

JOSE L. SANCHEZ, JR. et al.,
Defendants.
_____________________________/
ORDER OF DISMISSAL
The plaintiff alleges that his work assignment while an inmate in the Bureau
of Prisons was breaking down computers, that this exposed him to toxic chemicals,
and that he got cancer as a result. Later, after the plaintiff no longer worked in this
field, the Bureau of Prisons discontinued the program, apparently concluding that
the work was indeed hazardous.
The operative pleading is the plaintiff’s second amended complaint. There
are two named and one still-unnamed defendant. The case is before the court on
the magistrate judge’s report and recommendation, ECF No. 108. No objections
have been filed.

Case No. 5:10cv288-RH/EMT

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The report and recommendation correctly concludes that summary judgment
should be entered against the plaintiff and in favor of the two named defendants
and that the claims against the still-unnamed defendant should be dismissed. The
report and recommendation is adopted as the court’s opinion with these
clarifications and additional notes.
First, the plaintiff’s failure to respond to the summary-judgment motion is
not a sufficient basis for granting the motion. “[T]he district court cannot base the
entry of summary judgment on the mere fact that the motion was unopposed, but
rather, must consider the merits of the motion.” United States v. One Piece of Real
Property Located at 5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101 (11th
Cir. 2004) (citing Dunlap v. Transamerica Occidental Life Ins. Co., 858 F.2d 629,
632 (11th Cir. 1988)).
Second, a sworn complaint constitutes summary-judgment evidence, just as
if the same information had been set out in a declaration. See Caldwell v. Warden,
FCI Talladega, 748 F.3d 1090, 1098 (11th Cir. 2014) (citing Perry v. Thompson,
786 F.2d 1093, 1095 (11th Cir. 1986)). But allegations in an unsworn complaint
are not summary-judgment evidence. Here the first, second, and third amended
complaints all include sworn allegations.
Third, the defendants are entitled to summary judgment because the record
includes no evidence—no facts in a sworn complaint or declaration, no

Case No. 5:10cv288-RH/EMT

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documentary evidence, and no other summary-judgment evidence of any kind—
that would support a finding that the defendants knew of a hazard and willfully
exposed the plaintiff to it. That prison officials later learned the activities were
hazardous is not enough. And the allegation that the defendants should have
known also is not enough; the plaintiff can recover by showing willful exposure to
hazardous conditions, but not by showing mere negligence.
For these reasons,
IT IS ORDERED:
1.

The report and recommendation is ACCEPTED.

2.

The clerk must enter judgment stating, “This action was resolved on a

motion for summary judgment. It is ordered that the plaintiff Ricardo Sanchez
recover nothing. The claims against the defendants Jose L. Sanchez, Jr., and
Drew Short are dismissed on the merits. All other claims against all other
defendants are dismissed.”
3.

The clerk must close the file.

SO ORDERED on August 23, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 5:10cv288-RH/EMT