Armstead v. Plato et al
Filing
34
ORDER signed by Judge J.P. Stadtmueller on 10/24/2017: GRANTING 25 Defendants' Motion for Summary Judgment; DENYING 23 Plaintiff's Motion for Discovery; and DISMISSING CASE with prejudice. (cc: all counsel, via mail to Latasha R. Armstead at Taycheedah Correctional Institution) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LATASHA R. ARMSTEAD,
Plaintiff,
v.
JONATHAN J. PLATO and ERIC R.
ZIEGLER,
Case No. 16-CV-556-JPS
ORDER
Defendants.
1.
INTRODUCTION
Plaintiff, Latasha R. Armstead (“Armstead”), proceeds against
Defendants Johnathan J. Plato (“Plato”) and Eric R. Ziegler (“Ziegler”) in
this action on a single claim—deliberate indifference to her risk of selfharm, in violation of her rights under the Eighth Amendment. (Docket
#14).1 On August 9, 2017, Defendants filed a motion for summary judgment,
along with a brief in support, proposed findings of fact, and several
declarations. (Docket #25-32). Plaintiff was required to respond to
Defendants’ motion on or before September 11, 2017. See Civil L. R. 56(b)(2).
As of today’s date, the Court has received no response to the motion or
other communication from Armstead. The Defendants’ motion will be
addressed in its unopposed form and, for the reasons explained below, it
will be granted.
Plaintiff previously identified Plato only as “CO Plato” and Ziegler as
“SGT. Ziegler.” Their full names, as used in this Order, are taken from their filings.
1
2.
STANDARD OF REVIEW
Federal Rule of Civil Procedure 56 provides that the court “shall
grant summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a
matter of law.” Fed. R. Civ. P. 56(a); see Boss v. Castro, 816 F.3d 910, 916 (7th
Cir. 2016). A fact is “material” if it “might affect the outcome of the suit”
under the applicable substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 248 (1986). A dispute of fact is “genuine” if “the evidence is such that a
reasonable jury could return a verdict for the nonmoving party.” Id. The
court construes all facts and reasonable inferences in the light most
favorable to the non-movant. Bridge v. New Holland Logansport, Inc., 815 F.3d
356, 360 (7th Cir. 2016).
3.
BACKGROUND
3.1
Plaintiff’s Failure to Dispute the Material Facts
The facts relevant to Defendants’ motion are undisputed because
Plaintiff failed to dispute them. In the Court’s scheduling order, entered
January 23, 2017, Plaintiff was warned about the requirements for opposing
a motion for summary judgment. (Docket #21 at 2-3). Accompanying that
order were copies of Federal Rule of Civil Procedure 56 and Civil Local Rule
56, both of which describe in detail the form and contents of a proper
summary judgment submission. In Defendants’ motion for summary
judgment, they too warned Plaintiff about the requirements for her
response as set forth in Federal and Local Rules 56. (Docket #25). She was
provided with additional copies of those Rules along with the motion. Id.
In connection with their motion, Defendants filed a supporting statement
of material facts that complied with the applicable procedural rules.
(Docket #27). It contained short, numbered paragraphs concisely stating
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those facts which Defendants proposed to be beyond dispute, with
supporting citations to the attached evidentiary materials. See id.
Plaintiff filed nothing in response to Defendants’ motion. Though
the Court is required to liberally construe a pro se plaintiff’s filings, it cannot
act as her lawyer, and it cannot delve through the record to find favorable
evidence for her. Thus, the Court will deem Defendants’ facts undisputed
for purposes of deciding their motion for summary judgment. See Fed. R.
Civ. P. 56(e); Civ. L. R. 56(b)(4); Hill v. Thalacker, 210 F. App’x 513, 515 (7th
Cir. 2006) (noting that district courts have discretion to enforce procedural
rules against pro se litigants).2
3.2
Relevant Material Facts
At all times relevant, Armstead was a prisoner, Ziegler was a
correctional sergeant, and Plato was a correctional officer at Taycheedah
Correction Institution (“TCI”). (Docket #27 at 1).
Armstead alleges that on March 1, 2016, Ziegler and Plato taunted
her to the point of her requiring attention from the psychological services
unit (“PSU”) because she was having thoughts of self-harm. (Docket #14 at
3). She alleges Ziegler and Plato refused to call PSU when she first asked,
and she resulted to cutting herself. Id.
Defendants remember the events of March 1, 2016 differently. When
Plato arrived to start his shift, Armstead immediately told him that she
Before Defendants filed their summary judgment motion, Plaintiff filed a
“motion for discovery” which includes discovery requests directed at Taycheedah
Correction Institution. (Docket #23). In its scheduling order, the Court instructed
Plaintiff that discovery requests must be served on the defendant to whom they
are directed, and that simply filing discovery requests with the Court is not
sufficient. (Docket #21 at 2). Plaintiff’s motion does not comply with the federal
rules of civil procedure or the Court’s order. Her motion will be denied.
2
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needed to take a shower and go to the laundry room. Id. Because Plato had
not yet attended to the duties required of him at the beginning of his shift,
he told Armstead that she would have to wait. Id. Armstead then asked if
she could go the PSU. Id. at 3. Plato asked Armstead if she had thoughts of
self-harm or of harming others, and Armstead said no. Id. Based on this
response, Plato determined Armstead did not require an immediate visit to
the PSU, so he instructed Armstead to fill out a request for an appointment
with the PSU. Id. at 3. Plato told his sergeant, Ziegler, about this interaction,
and Ziegler confirmed that Plato had followed the proper procedure for
determining whether Armstead required immediate attention from
psychological health staff. Id.
Armstead did not submit a request to be seen by the PSU that day.
Id. at 4. There are no health services records indicating that Armstead
engaged in any self-harming behavior on March 1, 2016 requiring medical
attention. Id. at 5.
4.
ANALYSIS
Armstead claims that Defendants’ actions reflected deliberate
indifference to her risk of self-harm, in violation of her rights under the
Eighth Amendment. To show deliberate indifference, a plaintiff must prove
that “(1) [she] had an objectively serious medical condition; (2) the
defendants knew of the condition and were deliberately indifferent to
treating [her]; and (3) this indifference caused [her] some injury.” Gayton v.
McCoy, 593 F.3d 610, 620 (7th Cir. 2010). The Seventh Circuit holds that selfharming or suicidal behavior satisfies the first element, meaning it is a
“serious medical condition.” Pittman ex rel. Hamilton v. County of Madison,
Ill., 746 F.3d 766, 775 (7th Cir. 2014).
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The second, subjective component of an Eighth Amendment claim
requires a dual showing that the defendant: (1) subjectively knew the
prisoner was at substantial risk of committing self-harm and (2)
intentionally disregarded the risk. Collins v. Seeman, 462 F.3d 757, 761-62
(7th Cir. 2006). The defendant “must be aware of facts from which the
inference could be drawn that a substantial risk of serious harm exists” and
“also draw the inference.” Pittman, 746 F.3d at 776 (quotation omitted).
The Seventh Circuit’s decision in Collins is instructive. In that case, a
suicidal inmate requested, but did not receive, crisis assistance. Collins, 462
F.3d at 759. When told that assistance would not be immediate, the inmate
stated that he was okay and could wait until help arrived. Id. During the
interim, staff checked in on him and informed him that assistance was
coming soon, but he committed suicide before help arrived. Id. at 759–60.
The Seventh Circuit held that the defendants who knew the inmate had
requested crisis help but did not know the reason for the request were not
deliberately indifferent to the inmate’s risk of suicide. Id. at 761. The court
explained that “inmates often request meetings with crisis counselors for
reasons both serious and mundane, and sometimes make such requests as
a means of manipulating prison staff. Thus, a request to see a crisis
counselor, standing alone, is not sufficient to put a defendant on notice that
an inmate poses a substantial and imminent risk of suicide.” Id.
As in Collins, the undisputed facts in this case demonstrate that
Defendants were not deliberately indifferent to Armstead’s risk of selfharm. Armstead’s request to be seen by the prison’s psychological staff is
not sufficient to have put Zeigler and Plato on notice that she was at
imminent risk of engaging in self-harm. Further, Armstead told Plato
directly that she did not intend to hurt herself. The record shows, in fact,
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that Armstead did not engage in self-harm that day. Absent a showing that
Defendants had the requisite knowledge of a substantial risk that Armstead
would engage in self-harm, and that Armstead suffered an injury as a
result, Armstead’s Eighth Amendment claim fails as a matter of law. Collins,
462 F.3d at 761. The Court is obliged to grant summary judgment in
Defendants’ favor.
5.
CONCLUSION
Plaintiff failed to oppose Defendants’ motion for summary
judgment. For this reason alone, the Court could dismiss Plaintiff’s action
entirely. See Civil L. R. 41(c). On the undisputed facts before the Court, no
reasonable jury could find Defendants to have been deliberately indifferent
to Plaintiff’s risk of self-harm, and therefore Defendants are entitled to
summary judgment. This action must be dismissed with prejudice.
Accordingly,
IT IS ORDERED that Defendants’ motion for summary judgment
(Docket #25) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that Plaintiff’s motion for discovery
(Docket #23) be and the same is hereby DENIED; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 24th day of October, 2017.
BY THE COURT:
____________________________
J. P. Stadtmueller
U.S. District Judge
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