Opinion

Goodwin v. Collins

Court
Court of Appeals for the Fifth Circuit
Filed
Nov 7, 2024
Status
Unpublished
Nature of suit
Prisoner w/ Counsel
Cited by
0 cases
Authority
More cited than 32.8%

The opinion

Case: 24-20061 Document: 63-1 Page: 1 Date Filed: 11/07/2024

United States Court of Appeals

for the Fifth Circuit

____________

United States Court of Appeals

Fifth Circuit

No. 24-20061

Summary Calendar FILED

____________ November 7, 2024

Lyle W. Cayce

John Allen Goodwin, Clerk

Plaintiff—Appellant,

versus

Devon Collins,

Defendant—Appellee.

______________________________

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:21-CV-680

______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: *

John Allen Goodwin, Texas prisoner # 2265271, appeals the award of

summary judgment to the defendant on his Eighth Amendment claim of

failure to protect. Goodwin contends that the district court erred in granting

summary judgment because he raised a genuine dispute of material fact as to

whether the defendant acted with deliberate indifference to Goodwin’s

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-20061 Document: 63-1 Page: 2 Date Filed: 11/07/2024

No. 24-20061

safety when he housed Goodwin, a safekeeping inmate, in a cell with a general

population inmate.

We review the district court’s grant of summary judgment de novo.

Ratliff v. Aransas Cty., Texas, 948 F.3d 281, 287 (5th Cir. 2020). To prevail

on a motion for summary judgment, the movant must show 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). “However, a good-faith

assertion of qualified immunity alters the usual summary judgment burden of

proof, shifting it to the plaintiff to show that the defense is not available.”

Ratliff, 948 F.3d at 287 (internal quotation marks and citation omitted).

To state a claim of failure to protect, a prisoner must show that (1) “he

is incarcerated under conditions posing a substantial risk of serious harm,”

and (2) that prison officials were deliberately indifferent to that risk. Farmer

v. Brennan, 511 U.S. 825, 832-34 (1994). To support his claim, Goodwin

points to his custody designation and his having informed the defendant of

his custody designation when the defendant housed Goodwin with a general

population inmate, in contravention of prison policy. Without more,

Goodwin fails to establish that the risk of harm was substantial. See Luna v.

Davis, 59 F.4th 713, 715, 717-18 (5th Cir. 2023).

Goodwin presents no other evidence from which Collins could have

inferred a substantial risk of serious harm arose from housing Goodwin with

the general population inmate. See Longoria v. Texas, 473 F.3d 586, 593-94

(5th Cir. 2006); Luna, 59 F.4th at 717. Accordingly, he fails to show that he

was incarcerated under conditions posing a substantial risk of serious harm

or that, if a substantial risk of harm existed, that the defendant was aware of

facts from which he could have inferred that the substantial risk of harm

existed. See Longoria, 473 F.3d at 592.

2

Case: 24-20061 Document: 63-1 Page: 3 Date Filed: 11/07/2024

No. 24-20061

Thus, we AFFIRM the district court’s ruling granting summary

judgment.

3

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.

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