Opinion

Barfield v. Hayes

Court
District Court, S.D. Ohio
Filed
Jun 3, 2025
Cited by
0 cases
Authority
More cited than 36.0%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

ZACHARY BARFIELD,

Plaintiff,

v. Civil Action 1:24-cv-319

Judge Jeffery P. Hopkins

Magistrate Judge Chelsey M. Vascura

C/O HAYES, et al.,

Defendants.

REPORT AND RECOMMENDATION

Plaintiff, Zachary Barfield, an Ohio inmate who is proceeding without the assistance of

counsel, sues Defendants, corrections officers Hayes and Gaffin, under 42 U.S.C. § 1983 for

failure to protect him from assault by another inmate in violation of the Eighth Amendment.

(Compl., ECF No. 3.) This matter is before the Court on Defendants’ motion for summary

judgment. (ECF No. 43.) For the reasons below, it is RECOMMENDED that Defendant’s

Motion for Summary Judgment (ECF No. 43) be GRANTED.

I. BACKGROUND

Plaintiff alleges that on April 29, 2024, while Plaintiff was incarcerated at the Southern

Ohio Correctional Facility, an inmate named Tumey slipped into Plaintiff’s cell behind Plaintiff

just before the cell door was closed at 4:31pm. Tumey remained in Plaintiff’s cell until 5:03pm

and assaulted Plaintiff during that time. Plaintiff alleges that Defendant Gaffin, who was

manning the booth that controlled the cell doors and contained video monitors showing

Plaintiff’s cell, and Defendant Hayes, who was patrolling Plaintiff’s cellblock, both saw Tumey

enter Plaintiff’s cell and did nothing to prevent Tumey from assaulting Plaintiff. Plaintiff alleges

that even after Tumey left Plaintiff’s cell, neither Gaffin nor Hayes reported the incident in

contravention of prison policies. (Compl., ECF No. 3.)

On initial screen under 28 U.S.C. §§ 1915(e) and 1915A(b), the undersigned

recommended dismissal of Plaintiff’s claims for injunctive relief and for Defendants’ criminal

prosecutions, but permitted Plaintiff to proceed on his individual-capacity Eighth Amendment

failure-to-protect claims against Defendants Hayes and Gaffin for compensatory, punitive, and

nominal damages. (ECF No. 4.) The Court adopted that recommendation on February 19, 2025.

(ECF No. 38.) Defendants filed the subject Motion for Summary Judgment on Plaintiff’s

remaining claims on April 2, 2025. (ECF No. 43.) Plaintiff filed a memorandum in opposition on

April 14, 2025 (ECF No. 44), although he submitted no evidence or verified allegations that the

Court may consider under Federal Rule of Civil Procedure 56. Plaintiff’s opposition relies, in

part, on security camera and body camera footage, which he was permitted to view, but he was

not permitted to retain copies. The Court therefore ordered Defendants to file copies of the

relevant video, which Defendants did on April 25, 2025. (ECF Nos. 48–49.)

II. STANDARD OF REVIEW

Under Federal Rule of Civil Procedure 56, “[t]he 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). “The moving party has the initial

burden of proving that no genuine issue of material fact exists, and the court must draw all

reasonable inferences in the light most favorable to the nonmoving party.” Stansberry v. Air

Wisconsin Airlines Corp., 651 F.3d 482, 486 (6th Cir. 2011) (internal quotations omitted); cf.

Fed. R. Civ. P. 56(e)(2) (providing that if a party “fails to properly address another party’s

assertion of fact” then the court may “consider the fact undisputed for purposes of the motion”).

The burden then shifts to the nonmoving party to “set forth specific facts showing that

there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986).

“The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn

in his favor.” Id. at 255 (citation omitted). “The nonmovant must, however, do more than simply

show that there is some metaphysical doubt as to the material facts, . . . there must be evidence

upon which a reasonable jury could return a verdict in favor of the non-moving party to create a

genuine dispute.” Lee v. Metro. Gov’t of Nashville & Davidson Cty., 432 F. App’x 435, 441 (6th

Cir. 2011) (internal quotation marks and citations omitted); see also Fed. R. Civ. P. 56(c)

(requiring a party maintaining that a fact is genuinely disputed to “cit[e] to particular parts of

materials in the record”). “When a motion for summary judgment is properly made and

supported and the nonmoving party fails to respond with a showing sufficient to establish an

essential element of its case, summary judgment is appropriate.” Stansberry, 651 F.3d at 486

(citing Celotex Corp. v. Catrett, 477 U.S. 317, 322–23 (1986)).

III. ANALYSIS

Plaintiff’s failure-to-protect claim arises under the Eighth Amendment. “The [Eighth]

Amendment . . . imposes duties on [prison] officials, who must provide humane conditions of

confinement; prison officials must ensure that inmates receive adequate food, clothing, shelter,

and medical care, and must take reasonable measures to guarantee the safety of the inmates . . . .”

Farmer v. Brennan, 511 U.S. 825, 932–33 (1994) (internal quotation marks and citations

omitted); see also Helling v. McKinney, 509 U.S. 25, 33 (1993) (quoting DeShaney v.

Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189, 200 (1989)) (holding that the Eighth

Amendment “requires that inmates be furnished with the basic human needs, one of which is

‘reasonable safety’”).

Such claims under the Eighth Amendment require a plaintiff “to prove both the

subjective and objective elements necessary to prove an Eighth Amendment violation.” Helling,

509 U.S. at 35. To satisfy the objective component for a claim based upon a failure to prevent

harm, “the inmate must show he is incarcerated under conditions posing a substantial risk of

serious harm.” Farmer, 511 U.S. at 834 (citations omitted). The United States Supreme Court

has offered the following guidance with respect to the objective factor:

[The objective factor] requires a court to assess whether society considers the risk

that the prisoner complains of to be so grave that it violates contemporary standards

of decency to expose anyone unwillingly to such a risk. In other words, the prisoner

must show that the risk of which he complains is not one that today’s society

chooses to tolerate.

Helling, 509 U.S. at 36.

“To satisfy the subjective component, an inmate must show that prison officials had a

sufficiently culpable state of mind.” Berksire v. Beauvais, 928 F.3d 520, 535 (6th Cir. 2019)

(internal quotation marks and citations omitted). The United States Court of Appeals for the

Sixth Circuit has explained as follows:

“[T]hat state of mind is one of deliberate indifference to inmate health or safety.

Although the deliberate indifference standard describes a state of mind more

blameworthy than negligence, this standard is satisfied if the official knows of and

disregards an excessive risk to inmate health or safety; the official must both be

aware of facts from which the inference could be drawn that a substantial risk of

serious harm exists, and he must also draw the inference.”

Id. (quoting Brown v. Bargery, 207 F.3d 863, 867 (6th Cir. 2000) (internal quotation marks and

citations omitted)). However, “a prison official who was unaware of a substantial risk of harm to

an inmate may not be held liable under the Eighth Amendment even if the risk was obvious and a

reasonable prison official would have noticed it.” Bishop v. Hackel, 636 F.3d 757, 767 (6th Cir.

2011) (citing Farmer, 511 U.S. at 842).

Accordingly, Plaintiff’s claims turn on the subjective prong—i.e., whether Defendants

were subjectively aware that Tumey improperly entered Plaintiff’s cell. Having reviewed

Defendants’ verified interrogatory responses, Tumey’s conduct report, and the available video

footage, the Court finds that there is no genuine issue of material fact as to Defendants’ lack of

knowledge that Tumey improperly entered Plaintiff’s cell.

First, Defendants categorically deny under oath that they saw Tumey enter the cell.

(Interrog. Resps., ECF Nos. 43-1, 43-2.) Second, Tumey’s conduct report explains that “[d]ue to

the visibility restrictions into this type of cell and after a review of the Body Worn Cameras,

[Defendant Hayes] was unaware that two people were in that cell.” (Conduct Report, ECF No.

43-1.) Third, the DVR footage does reflect two inmates entering the same cell at 4:31pm, but the

cameras are far away from the cell in question and it requires close inspection to make out

Tumey’s entrance behind Plaintiff. The undersigned would not have observed Tumey enter

Plaintiff’s cell if the exact time of entrance had not been identified by the parties. It is therefore

by no means evident from the DVR footage that Defendant Gaffin, in the booth, would have seen

Tumey enter Plaintiff’s cell. Further, the DVR footage and Defendant Hayes’s body camera

footage confirm that he was observing inmates from the opposite end of the corridor from

Plaintiff’s cell and it is not clear that he was even looking in the direction of Plaintiff’s cell at the

time of Tumey’s entrance. And although Plaintiff asserts that the video evidence would reveal

that he called out Hayes’s name as he passed the cell on his rounds, no such call from Plaintiff is

evident on the video.1

1 In fact, the video reflects that Tumey is heard to call out to Defendant Hayes, but does so only

to request permission to use the wall phone. As Hayes stops by the cell to speak with Tumey,

Plaintiff remains out of view and apparently silent. Thus, although Hayes was certainly aware

The undersigned therefore finds that Defendants have carried their initial burden to

demonstrate the absence of any genuine issues of material fact as to Defendants’ lack of

knowledge of Tumey’s improper entrance into another inmate’s cell, and that Plaintiff has failed

to set forth specific facts, supported with citations to evidence that may be considered under Rule

56(c), showing that there is a genuine issue for trial as to Defendant’s knowledge. This lack of

actual knowledge of Tumey’s improper entrance into Plaintiff’s cell is fatal to his claim that

Defendants were deliberately indifferent to the serious risk to Plaintiff’s safety posed by

Tumey’s presence. See Bishop, 636 F.3d at 767 (citing Farmer, 511 U.S. at 842).

IV. DISPOSITION

For these reasons, it is RECOMMENDED that Defendants’ Motion for Summary

Judgment (ECF No. 43) be GRANTED.

PROCEDURE ON OBJECTIONS

If any party objects to this Report and Recommendation, that party may, within fourteen

(14) days of the date of this Report, file and serve on all parties written objections to those

specific proposed findings or recommendations to which objection is made, together with

supporting authority for the objection(s). A District Judge of this Court shall make a de novo

determination of those portions of the Report or specified proposed findings or recommendations

to which objection is made. Upon proper objections, a District Judge of this Court may accept,

reject, or modify, in whole or in part, the findings or recommendations made herein, may receive

further evidence or may recommit this matter to the Magistrate Judge with instructions. 28

U.S.C. § 636(b)(1).

that Tumey was present in that cell, there was no apparent indication to Hayes that Tumey

should not have been there.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to have the District Judge review the Report

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of

the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

/s/ Chelsey M. Vascura

CHELSEY M. VASCURA

UNITED STATES MAGISTRATE JUDGE

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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