The opinion
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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10479
Non-Argument Calendar
____________________
BRYAN ALEXANDER BLOUNT,
Plaintiff-Appellant,
versus
COMMISSIONER CULLIVER,
Individual and Official Capacity,
ANGIE BAGGETT,
Director of Classification,
Individual and Official Capacity,
VIVIAN MCQUEEN,
Central Review Board,
Individual and Official Capacity,
JOSEPH H. HEADLEY,
Warden, Elmore Correctional Facility,
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2 Opinion of the Court 22-10479
Individual and Official Capacity,
MARY COOKS,
Warden, Draper Correctional Facility,
Individual and Official Capacity,
CAPTAIN MCKEE,
Elmore Correctional Facility,
Individual and Official Capacity,
BRITTNY BATES,
Classification Specialist, Draper Correctional Facility,
Individual and Official Capacity,
W.M. BURKS,
Lt., Elmore Correctional Facility,
Individual and Official Capacity,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 2:18-cv-00970-WHA-CSC
____________________
Before WILSON, LUCK, and BRASHER, Circuit Judges.
PER CURIAM:
Bryan Alexander Blount, an Alabama prisoner proceeding
pro se, appeals the district court’s grant of summary judgment to
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22-10479 Opinion of the Court 3
the defendants 1 on his Fourteenth Amendment and Eighth Amend-
ment claims under 42 U.S.C. § 1983, on the grounds of qualified
immunity. Blount asserts that the procedures the defendants fol-
lowed in finding him guilty of assaulting a fellow inmate and re-
classifying him twice to close custody 2 were procedurally inade-
quate, as the defendants lacked sufficient evidence. He also argues
the district court erred in finding he had not presented evidence
indicating that the defendants were aware of any harm he suffered
in solitary confinement or of the substantial risk of serious harm he
faced. After careful review, we affirm.
I. Background
This case arises from an altercation that led to the death of
inmate Billy Smith on November 13, 2017 at Elmore Correctional
Facility (Elmore). Video footage was of insufficient quality to iden-
tify the participants, but witness testimony corroborated the par-
ticipants’ identities and how the altercation occurred. William Fa-
vor, a Supervisory Agent with the Alabama Department of Correc-
tions’ (ADOC) Investigations and Intelligence Division, investi-
gated Smith’s death. Following his investigation, he determined
that Blount and Smith had been involved in an altercation in
1 The defendants include six Alabama Department of Corrections officials: re-
tired Associate Commissioner for Operations Grant Culliver; Assistant Classi-
fication Director Angie Baggett; Classification Review Board member Vivian
McQueen; Warden of Elmore Correctional Facility Joseph Headley; Warden
of Draper Correctional Facility Mary Cooks; and Captain Charles McKee.
2 Close custody is the most restrictive custody level for inmates within the
Alabama Department of Corrections.
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dormitory A-2, which led to an exchange of blows. Smith then ran
to the front door of the dorm with Blount and another inmate in
pursuit. At the front of the dorm, Blount struck Smith multiple
times, including at least once in the head, which caused Smith to
fall and strike his head on the concrete floor.
On December 8, 2017, at Draper Correctional Center
(Draper) 3 Blount received a copy of a disciplinary report that
charged him with violating prison regulations by assaulting an in-
mate. Smith died on December 9 as a result of his injuries—a frac-
tured skull and a large hematoma to the left temporal area of his
head.
The following information comes from Blount’s disciplinary
report. On November 30, 2017, correctional officer W.M. Burks III
received information from several confidential informants (CIs)
that Blount assaulted Smith. These CIs had been used several times
in the past, their prior information had been truthful, other infor-
mation had been received to corroborate the CIs’ information, no
information uncovered during the investigation suggested that the
CIs had reason to lie, and the information from the CIs was reliable.
Blount was personally served a copy of the report and was
informed of his rights to present an oral or written statement at an
upcoming disciplinary hearing and to provide written questions for
the witnesses. Blount sought to call three witnesses: corrections
officer J. McClease, inmate Paul Smith, and inmate Justin Mayes.
3 Blount was transferred to Draper on November 30, 2017.
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Captain Charles McKee was assigned as the hearing officer
for the disciplinary action against Blount. At the December 14,
2017 hearing, Burks testified that several CIs, who had served as
reliable witnesses before, informed him that Blount assaulted
Smith. Upon questioning by Captain McKee, Burks explained that
he had used his CIs about 10 times in the past, they were present at
the time of the incident, and they had identified Blount during a
photographic line-up.
Blount testified on his own behalf and denied assaulting
Smith. Blount’s three witnesses declined to appear, but in written
statements, each denied having any direct knowledge of the inci-
dent. Burks responded to written questions from Blount, testifying
that he had used his CIs around 10 other times, the assault hap-
pened in the bathroom of dorm A-2, it was unknown what Blount
had used to assault Smith, and his witness statements were corrob-
orated by several other inmates.
Captain McKee found that Burks was informed from a relia-
ble source that Blount assaulted Smith, and the evidence did not
support Blount’s not-guilty plea. Thus, Captain McKee found
Blount guilty of assaulting Smith. He recommended the following
sanctions: loss of canteen privileges, telephone privileges, and vis-
iting privileges for 45 days; disciplinary segregation for 45 days; and
a custody review.
As for the custody review, Blount received advanced notifi-
cation of his reclassification. The notice stated that Smith had
passed away, and it explained that Blount would be reviewed for a
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custody increase to “close” in accordance with the ADOC Classifi-
cation Manual, requiring 30 months in close custody due to his as-
saultive behavior resulting in the death of another inmate. Blount
waived the 24-hour notice requirement by signature. A hearing
was held where Blount declined to call any witnesses.
On December 28, 2017, Warden Mary Cooks approved plac-
ing Blount in close custody at Draper. Blount was transferred to
Kirby Correctional Center (Kirby) the same day. After ten months
at Kirby, a “Close Custody Reduction Review Form” was improp-
erly submitted by classification personnel, indicating that Blount
was eligible for a custody reduction because he had completed the
required six months in close custody for assaulting another inmate.
However, because Smith had passed away after Blount’s assault,
Blount was not yet eligible for a custody reduction. Assistant Clas-
sification Director Angie Baggett approved the request, not realiz-
ing that Smith had passed away.
On September 24, 2018, Blount was transferred to St. Clair
Correctional Facility (St. Clair), where, upon review by different
classification personnel, it was discovered that Blount had been re-
duced from close custody in error. Because Blount had only served
10 of the required 30 months in close custody before his reduction,
St. Clair classification personnel served Blount with notice that he
be returned to close custody for the rest of the required time.
Blount again waived the notice requirement by signature, and a
hearing was held on the reclassification. Classification Review
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Board member Vivian McQueen approved Blount’s return to close
custody on October 2, 2018.
On September 18, 2018, Blount petitioned for writ of certio-
rari to the circuit court in Montgomery County, challenging the
resolution of his disciplinary hearing. The circuit court dismissed
Blount’s petition, and he appealed to the Alabama Court of Crimi-
nal Appeals (ACCA). The ACCA affirmed the circuit court’s deci-
sion, finding that Blount had no protected liberty interest in any of
the results of the disciplinary hearing and thus no right to due pro-
cess.
On November 16, 2018, proceeding pro se, Blount sued the
defendants in their individual and official capacities for violating his
Fourteenth and Eighth Amendment rights under 42 U.S.C. § 1983.
The defendants answered and provided supporting affidavits and
evidentiary materials. Blount responded to those materials. The
district court converted the defendants’ answer and reports to a
motion for summary judgment.
On November 14, 2021, Blount moved to file a second
amended complaint to add new claims and defendants. The mag-
istrate judge issued a Report and Recommendation (R&R) in which
he recommended granting the defendants’ motion for summary
judgment and denying Blount’s motion for leave to amend. Be-
cause Blount failed to meet his burden of showing that the defend-
ants violated his Fourteenth and Eighth Amendments rights, the
defendants were entitled to qualified immunity.
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Blount timely objected as to the merits of whether qualified
immunity was appropriate, but he did not object to the recommen-
dation that his motion to amend be denied, nor did he object to the
finding that the defendants were acting within the scope of their
duties at all relevant times. The district court overruled Blount’s
objections, adopted the R&R, and granted summary judgment to
the defendants. Blount timely appealed.
II. Standard of Review
We review “de novo a district court’s disposition of a sum-
mary judgment motion based on qualified immunity, applying the
same legal standards as the district court.” Durruthy v. Pastor, 351
F.3d 1080, 1084 (11th Cir. 2003). Summary judgment is appropriate
when depositions, discovery, and affidavits 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).
Although pro se pleadings are liberally construed, “a pro se
litigant does not escape the essential burden under summary judg-
ment standards of establishing that there is a genuine issue as to a
fact material to his case in order to avert summary judgment.”
Brown v. Crawford, 906 F.2d 667, 670 (11th Cir. 1990). “[T]he non-
moving party may not rely solely on the pleadings, but by affida-
vits, depositions, answers to interrogatories, and admissions must
show that there are specific facts demonstrating that there is a gen-
uine issue for trial.” Id. “Conclusory allegations and speculation
are insufficient to create a genuine issue of material fact.” Valder-
rama v. Rousseau, 780 F.3d 1108, 1112 (11th Cir. 2015).
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III. Analysis
A. Qualified Immunity Law
The district court granted the defendants’ motion for sum-
mary judgment and found that the defendants were entitled to
qualified immunity from Blount’s Fourteenth and Eighth Amend-
ment claims.
To invoke qualified immunity, public officials must first
show that they were acting within the scope of their discretionary
authority. Maddox v. Stephens, 727 F.3d 1109, 1120 (11th Cir. 2013).
The term “discretionary authority” covers “all actions of a govern-
mental official that (1) were undertaken pursuant to the perfor-
mance of his duties, and (2) were within the scope of his authority.”
Jordan v. Doe, 38 F.3d 1559, 1566 (11th Cir. 1994) (internal quotation
marks omitted).
If the defendants establish that they were acting within the
scope of their discretionary authority, the burden shifts to the plain-
tiff to demonstrate that qualified immunity is inappropriate. Over-
coming the defendants’ qualified immunity defense ordinarily in-
volves a two-part inquiry. Skop v. City of Atlanta, 485 F.3d 1130,
1137 (11th Cir. 2007). We consider whether (1) “the facts, con-
strued in the light most favorable to the plaintiff, show that a con-
stitutional right has been violated,” and (2) “the right violated was
‘clearly established.’” Roberts v. Spielman, 643 F.3d 899, 904 (11th
Cir. 2011) (per curiam). We can decide these issues in either order,
but the plaintiff must satisfy both showings to survive a qualified
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immunity defense. Hinson v. Bias, 927 F.3d 1103, 1116 (11th Cir.
2019).
B. Qualified Immunity Discussion
First, we note that it is uncontested that the defendants acted
within the scope of their discretionary authority. Maddox, 727 F.3d
at 1120. Nor did Blount object to the magistrate judge’s finding
that the defendants were acting within the scope of their duties at
all relevant times, and he has also not raised this issue on appeal.
See Resol. Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149
(11th Cir. 1993) (per curiam); Sapuppo v. Allstate Floridian Ins. Co.,
739 F.3d 678, 680 (11th Cir. 2014). Accordingly, he has abandoned
any arguments in this respect.
Next, the burden shifts to Blount to demonstrate that quali-
fied immunity is inappropriate. Blount argues that the defendants
violated his due process rights under the Fourteenth Amendment
in his disciplinary and reclassification hearings. Blount also argues
that ADOC officials actually killed Smith, and that he, Blount, was
assigned to solitary confinement in an effort to conceal that fact.
Thus, Blount argues, his confinement violated his Eighth Amend-
ment rights.
We will address each argument in turn.
i. Fourteenth Amendment
First, Blount argues that his hearings were constitutionally
deficient and were used arbitrarily and capriciously to cover up the
role of the corrections officers in the death of Smith. Second,
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Blount argues that he was denied due process because the defend-
ants found him guilty of assaulting Smith at his disciplinary hearing
without providing “some evidence” on which the hearing officer
could have based his findings. Specifically, he argues that there was
no corroboration of the information provided by confidential
sources as required by Superintendent, Massachusetts Correctional In-
stitution v. Hill, 472 U.S. 445 (1985).
Prisoners may claim the protections of the Fourteenth
Amendment’s Due Process Clause and “may not be deprived of
life, liberty, or property without due process of law.” Wolff v.
McDonnell, 418 U.S. 539, 556 (1974). Two situations in which a pris-
oner can be deprived of his liberty such that due process is required
are: (1) “when a change in the prisoner’s conditions of confinement
is so severe that it essentially exceeds the sentence imposed by the
court,” and (2) “when the state has consistently bestowed a certain
benefit to prisoners, usually through statute or administrative pol-
icy, and the deprivation of that benefit ‘imposes atypical and signif-
icant hardship on the inmate in relation to the ordinary incidents
of prison life.’” Kirby v. Siegelman, 195 F.3d 1285, 1290–91 (11th Cir.
1999) (per curiam).
If a prisoner has a protected liberty interest implicated by a
disciplinary action, the Due Process Clause requires: (1) written no-
tice of the charges at least 24 hours before a hearing, so that an
inmate may prepare a defense; (2) an opportunity to call witnesses
and present evidence in his defense; and (3) a written statement of
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the evidence relied on and the reasons for the sanctions imposed.
Wolff, 418 U.S. at 564, 566.
Additionally, the disciplinary action must be “supported by
some evidence in the record.” Hill, 472 U.S. at 454. In the context
of revocation of good time, the Supreme Court has elaborated on
that standard, stating that:
[T]he requirements of due process are satisfied if
some evidence supports the decision by the prison
disciplinary board to revoke good time credits. This
standard is met if there was some evidence from
which the conclusion of the administrative tribunal
could be deduced. Ascertaining whether this stand-
ard is satisfied does not require examination of the en-
tire record, independent assessment of the credibility
of witnesses, or weighing of the evidence. Instead,
the relevant question is whether there is any evidence
in the record that could support the conclusion
reached by the disciplinary board.
Id. at 455–56 (internal quotation marks, citation, and ellipsis omit-
ted).
In Young v. Jones, we found that the “some evidence” require-
ment was satisfied in a disciplinary action for a prison escapee
where a correctional officer testified under oath that (1) he received
information from a confidential informant that the plaintiff had at-
tempted to escape, (2) the confidential informant had been reliable
in the past, (3) several sources described the escapee as having fea-
tures similar to plaintiff such as having a “salt and pepper beard,”
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and (4) one source had stated that the plaintiff had been seen in the
yard shortly before the escape attempt. Young v. Jones, 37 F.3d 1457,
1459 (11th Cir. 1994). This Court further specified in Young that
our role in reviewing a challenged disciplinary action is to deter-
mine whether an inmate received the procedural protections pro-
vided by Wolff, and whether the “some evidence” standard of Hill
is satisfied. See id. at 1459–60.
First, we turn to Blount’s argument that his hearings were
constitutionally deficient. Even assuming (without deciding) that
Blount had a protected liberty interest and was entitled to due pro-
cess during the contested actions, we conclude that the ADOC
complied with the requirements of Wolff and satisfied Blount’s due
process rights.
For his disciplinary hearing, Blount received detailed written
notice of the charges against him and of his rights during the inves-
tigations and hearings. Blount had the opportunity to present evi-
dence and witnesses, as stated in the notice provided before his dis-
ciplinary hearings. Blount utilized that opportunity by (1) naming
three witnesses to testify (even though they ultimately did not tes-
tify), (2) testifying himself, and (3) providing written questions for
his witnesses and Officer Burks, who answered the questions.
Blount also received written statements of the findings against him
and the evidence relied upon by the disciplinary panel. For his re-
classification hearings, Blount received notice of those hearings and
had an opportunity to present evidence.
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Next, we turn to Blount’s argument that the only evidence
supporting his disciplinary report was sworn testimony by the cor-
rections officer, which was insufficient because there was no cor-
roboration of the information. Blount’s argument lacks merit.
Burks testified that (1) he learned about the assault from multiple
confidential informants, (2) the confidential informants had been
reliable in the past, (3) those informants were present at the time
of the assault and identified Blount in a photo line-up as the assail-
ant. Thus, as in Young, this testimony likely provided sufficient sup-
port to satisfy the “some evidence” requirement set forth in Hill.
Thus, Blount failed to demonstrate that the defendants vio-
lated Blount’s due process rights, or that the defendants were not
entitled to qualified immunity concerning his due process claims.
ii. Eighth Amendment
Blount argues that the district court erred in granting sum-
mary judgment to the defendants on his Eighth Amendment
claims. He asserts that his assignment to solitary confinement for
30 months qualified as cruel and unusual punishment because
ADOC officials falsified evidence to place Smith’s death on Blount.
He also asserted that he was kept in a condemned segregation cell
for 28 days before he set fire to the cell.
To state an Eighth Amendment claim premised on failure to
prevent harm, a plaintiff must show: “(1) a substantial risk of seri-
ous harm existed; (2) the defendants were deliberately indifferent
to that risk . . .; and (3) there was a causal connection between the
defendants’ conduct and the Eighth Amendment violation.” Bowen
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v. Warden Baldwin State Prison, 826 F.3d 1312, 1320 (11th Cir. 2016).
We use an objective standard to examine the first element—a sub-
stantial risk of harm—and the plaintiff must demonstrate “condi-
tions that were extreme and posed an unreasonable risk of serious
injury to [the plaintiff’s] future health or safety.” Marbury v. War-
den, 936 F.3d 1227, 1233 (11th Cir. 2019) (per curiam). The second
element, whether the defendant was deliberately indifferent, in-
volves an objective and subjective component:
Subjectively, the official must both be aware of facts
from which the inference could be drawn that a sub-
stantial risk of serious harm exists, and also draw the
inference. Objectively, the official must have re-
sponded to the known risk in an unreasonable man-
ner, in that he or she knew of ways to reduce the
harm but knowingly or recklessly declined to act.
Id. (internal quotation marks, footnote, and ellipsis omitted).
First, Blount alleges several facts, particularly concerning his
cell’s condition, which he raised before the district court only in his
second amended complaint. But he failed to object to the magis-
trate judge’s R&R that his motion to amend be denied, and he fails
to argue before us that the district court erred in doing so. Accord-
ingly, he has abandoned any such arguments and we need not ex-
amine them. Resol. Tr. Corp., 99 F.2d at 1149; Sapuppo, 739 F.3d at
680; see also United States v. Campbell, 26 F.4th 860, 873 (11th Cir.
2022) (en banc).
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Next, Blount failed to demonstrate a violation of the Eighth
Amendment, as the district court correctly found that no evidence
in the record stated that any defendant was aware of him suffering
any harm in solitary confinement or of a substantial risk that he
would suffer substantial harm. Thus, Blount failed to show that
the defendants possessed the required knowledge to support an
Eighth Amendment claim. Marbury, 936 F.3d at 1233.
IV. Conclusion
We affirm the district court’s grant of summary judgment in
favor of the defendants, having correctly found that the defendants
were entitled to qualified immunity.
AFFIRMED.