Opinion

(PC) Smith v. Hutchinson

Court
District Court, E.D. California
Filed
Aug 30, 2019
Cited by
0 cases
Authority
More cited than 17.3%

noting that 5 the “known risk of injury must be a strong likelihood, rather than a mere possibility before a 6 guard’s failure to act can constitute deliberate indifference” (internal quotation marks 7 omitted)

How later courts described this case

  • noting that 5 the “known risk of injury must be a strong likelihood, rather than a mere possibility before a 6 guard’s failure to act can constitute deliberate indifference” (internal quotation marks 7 omitted)
  • holding that an Eighth 10 Amendment failure to protect claim must allege that there was “objectively” a “substantial risk 11 of serious harm” to which defendant was indifferent

Written by the judges who cited it.

The opinion

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

FOR THE EASTERN DISTRICT OF CALIFORNIA

8

9 TOY TERRELL SMITH, Case No. 1:16-cv-01924-LJO-JDP

10 Plaintiff, ORDER VACATING FINDINGS AND

RECOMMENDATIONS

11 v.

ECF No. 75

12 J. TORRES, et al.,

FINDINGS AND RECOMMENDATIONS

13 Defendants. THAT COURT GRANT DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

14 AND DISMISS CASE WITH PREJUDICE

15 OBJECTIONS DUE IN 14 DAYS

16 ECF No. 69

17 I. Order Vacating August 26, 2019 Findings and Recommendations

18 On August 26, 2019, I recommend granting defendants’ motion for summary judgment

19 without prejudice. ECF No. 75. Defendants responded that the case should be dismissed with

20 prejudice. See ECF No. 76. For good cause shown, I hereby vacate my August 25, 2019

21 Findings and Recommendations. The corrected findings and recommendations that follow are

22 for dismissal with prejudice, but otherwise remain unchanged.

23 II. Procedural History

24 Plaintiff Toy Terrell Smith is a state prisoner proceeding without counsel in this civil

25 rights action brought under 42 U.S.C. § 1983. Terrell alleges that defendants J. Torres and

26 M. Hoggard, both correctional counselors at California State Prison Corcoran, were

27 deliberately indifferent to his safety and so violated the Eighth Amendment by recommending

that he be returned to Kern Valley State Prison. See ECF No. 10 at 13. On February 15, 2019,

1 Torres and Hoggard moved for summary judgment under Federal Rule of Civil Procedure 56, `

2 arguing that the move was not objectively dangerous, that the defendants were not subjectively

3 indifferent to any danger, that Smith cannot establish causation, and that defendants Torres and

4 Hoggard are entitled to qualified immunity. See ECF No. 69-2 at 1-2. Smith filed an

5 opposition on May 13, 2019, and the defendants filed a reply on May 21. See ECF Nos. 73 and

6 74.1

7 When Smith’s allegations are viewed in their most favorable light, they fail to show that

8 the decision to move him to Kern Valley State Prison posed an objective, substantial risk of

9 serious harm. See Farmer v. Brennan, 511 U.S. 825, 834 (1994) (holding that an Eighth

10 Amendment failure to protect claim must allege that there was “objectively” a “substantial risk

11 of serious harm” to which defendant was indifferent). Because Smith’s speculative and

12 general allegations do not satisfy the objective risk requirement, I do not reach defendants’

13 alternate claimed bases for summary judgment.

14 III. Factual Background

15 In early 2016, Smith was an inmate at Corcoran State Prison. Defendant Torres

16 approached Smith about placement at a different facility. ECF No. 73 at 2. Torres presented

17 Smith with a list of prisons to which he might be transferred, but Smith “informed her that he

18 was not interested in any of them because none of them were mental health care treatment

19 facilities.” Id. Smith also gave Torres a two-page statement intended to inform the committee

20 making the facility assignment. The committee, which included both Smith and Hoggard,

21 recommended based on a variety of factors that Smith be sent to Kern Valley State Prison,

22 where he was previously housed. Smith had been involved in a violent incident and riot at

23 Kern Valley, see generally id. at 21 (“Exhibit B”), and did not want to be returned there.

24 Smith appealed the committee’s decision and met with Hoggard concerning the appeal. Id. at

25

26

1 As required by Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998), defendants gave

27 plaintiff notice of the requirements for opposing a summary judgment motion via an attachment

to the motion for summary judgment. See ECF No. 69-1.

1 4. Smith’s appeal was unsuccessful. He was transferred back to Kern Valley, where he was `

2 attacked.

3 IV. Legal Standard

4 Summary judgment is appropriate when there is “no genuine dispute as to any material

5 fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A

6 factual dispute is genuine if a reasonable trier of fact could find in favor of either party at trial.

7 See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). The disputed fact is material if

8 it “might affect the outcome of the suit under the governing law.” See id. at 248.

9 The party seeking summary judgment bears the initial burden of demonstrating the

10 absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325

11 (1986). Once the moving party has met its burden, the non-moving party may not rest on the

12 allegations or denials in its pleading, Anderson, 477 U.S. at 248, but “must come forward with

13 ‘specific facts showing that there is a genuine issue for trial.’” Matsushita Elec. Indus. Co.,

14 Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting Fed. R. Civ. P. 56(e)).

15 In making a summary judgment determination, a court “may not engage in credibility

16 determinations or the weighing of evidence,” Manley v. Rowley, 847 F.3d 705, 711 (9th Cir.

17 2017) (citation omitted), and it must view the inferences drawn from the underlying facts in the

18 light most favorable to the non-moving party. See United States v. Diebold, Inc., 369 U.S. 654,

19 655 (1962) (per curiam); Orr v. Bank of America, NT & SA, 285 F.3d 764, 772 (9th Cir. 2002).

20 As detailed below, defendants have met their burden of showing the absence of a genuine

21 issue of material fact, and Smith has not shown that there is an issue for trial.

22 V. Analysis

23 The Eighth Amendment of the United States Constitution protects prisoners against a

24 prison official’s “deliberate indifference” to “a substantial risk of serious harm.” Farmer, 511

25 U.S. at 828 (1994). “Deliberate indifference” has both an objective and subjective component:

26 there must be an objective risk to inmate safety, and the official in question must also “draw

27 the inference” that the risk exists and disregard it. Id. at 837; see also Clement v. Gomez, 298

1 be objectively “substantial” it must be more than merely possible, since prisons are, “by `

2 definition,” institutions “of involuntary confinement of persons who have a demonstrated

3 proclivity for anti-social criminal, and often violent, conduct.” Hudson v. Palmer, 468 U.S.

4 517, 526 (1984); see also Brown v. Hughes, 894 F.2d 1533, 1537 (11th Cir. 1990) (noting that

5 the “known risk of injury must be a strong likelihood, rather than a mere possibility before a

6 guard’s failure to act can constitute deliberate indifference” (internal quotation marks

7 omitted)). For this reason, “speculative and generalized fears of harm at the hands of other

8 prisoners do not rise to a sufficiently substantial risk of serious harm.” Williams v. Wood, 223

9 F. App’x 670, 671 (9th Cir. 2007).

10 Even when viewed in their most favorable light, Smith’s allegations do not show that

11 being moved to Kern Valley created a substantial risk of serious harm. While his statement to

12 the corrections committee mentioned the past riot at Kern Valley, it mentioned no specific

13 threats that would attend to his being housed there in the future. See ECF No. 73 at 19-20; see

14 also Cal. Code Regs., tit. 15 § 3378(b)(2) (“Any offender who claims enemies shall provide

15 sufficient information to positively identify the claimed enemy.”). Smith’s statement also

16 mentioned several other violent encounters at other facilities involving Smith—all of which

17 were mentioned not for the purpose of showing that a move to Kern Valley would be

18 substantially dangerous, but that Smith was repeatedly “set up for harm if not death” by the

19 system more generally, and that all Muslims (like Smith) were mistreated by the California

20 Department of Corrections and Rehabilitation. Id. An incident report on the Kern Valley riot

21 likewise raised no specific and substantial risks that would attend to transferring Smith to a part

22 of the Kern Valley facility where Smith had no documented enemies. See generally id. at 21

23 (“Exhibit B”). Smith’s claims about the move—fears that many prisoners might unfortunately

24 face—are too “speculative and generalized” to amount to a substantial risk of serious harm or

25 preclude summary judgment in defendants’ favor. Williams, 223 F. App’x at 671; see also

26 Labatad v. Corr. Corp. of Am., 714 F.3d 1155, 1161 (9th Cir. 2013) (“The record, viewed

27 objectively and subjectively, is insufficient to preclude summary judgment on the claim that

1 | another, since the two prisoners in question “had been in general population together for an .

2 | extended period with no record of any threats or problems between them.”). While reasonable

3 | minds might disagree over the best place to house Smith, a mere difference of opinion does not

4 | create a substantial risk. Cf Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004).

5 VI. Findings and Recommendations

6 For the foregoing reasons, I recommend that:

7 1. The court grant in full defendant’s motion for summary judgment, ECF No. 69.

8 2. This case be dismissed with prejudice.

9 These findings and recommendations are submitted to the U.S. district judge presiding

10 | over the case under 28 U.S.C. § 636(b)(1)(B) and Local Rule 304. Within fourteen days of the

11 | service of the findings and recommendations, the parties may file written objections to the

12 | findings and recommendations with the court and serve a copy on all parties. That document

13 | must be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The

14 | presiding district judge will then review the findings and recommendations under 28 U.S.C.

15 | § 636(b)(1)(C).

16

7 T IS SO ORDERED.

18 ( {WSs

ated: _ August 29, 2019

19 UNI STATES MAGISTRATE JUDGE

20

21

22 | No. 205

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.