Gullatte v. Wheat et al

Filing 36

ORDER overruling objections and adopting the magistrate judge's 29 Report and Recommendation. The 11 motion to dismiss is granted, in part, and denied, in part. A partial judgment will be entered in this case in accordance with the Magistrate Judge's recommendation. Signed by District Judge Ron Clark on 2/8/2018. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
BRANDON GULLATTE

§

VS.

§

WARDEN WHEAT, ET AL.

§

CIVIL ACTION NO. 9:17-CV-18

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Brandon Gullatte, a prisoner confined at the Connally Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, filed this civil rights action pursuant to 42
U.S.C. § 1983 against Kevin R. Wheat, Keely Snyder, Juan Torres, Felton Griffin, Jr., and James
Davis.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
Defendants Wheat, Snyder, and Griffin filed a motion to dismiss the claims against them pursuant
to Federal Rules of Civil Procedure 12(b)(1) and (6). The Magistrate Judge recommends granting
the motion, in part, and denying it, in part. The Magistrate Judge recommends dismissing the
conspiracy claims and dismissing all claims against defendant Griffin and Snyder. The Magistrate
Judge recommends denying the motion with respect to plaintiff’s claim that defendant Wheat failed
to protect plaintiff from an assault by defendant Torres.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff and defendant Wheat filed
objections to the Magistrate Judge’s Report and Recommendation. The court has conducted a de

novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV.
P. 72(b).
In his objections, plaintiff reiterates the facts alleged in his complaint. For the reasons stated
in the Magistrate Judge’s Report and Recommendation, plaintiff’s allegations are insufficient to state
a claim of conspiracy or a claim that defendants Snyder and Griffin failed to protect him from an
assault.
Defendant Wheat argues that plaintiff alleged insufficient facts to demonstrate that defendant
Wheat knew that defendant Torres posed a sufficient risk of harm to plaintiff. In his complaint,
plaintiff alleged that defendant Torres had a history of assaulting inmates, that defendant Wheat was
aware that defendant Torres used excessive force on multiple occasions, and that defendant Wheat
failed to take action to prevent future assaults. These allegations are sufficient to state a claim that
defendant Wheat was deliberately indifferent to the safety of other inmates, including plaintiff.
Farmer v. Brennan, 511 U.S. 825, 832 (1994). Therefore, plaintiff should be allowed to proceed
with this claim.
ORDER
Accordingly, the objections (document nos. 31 and 32) are OVERRULED. The findings
of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 29) is ADOPTED. The motion to dismiss (document no. 11) is GRANTED,

2

in part, and DENIED, in part. A partial judgment will be entered in this case in accordance with the
Magistrate Judge’s recommendations.

So Ordered and Signed
Feb 8, 2018

3