United States District Court, D. Kansas
MAURICE L. MILES, JR. Plaintiff,
DEPUTY CONRAD, in his official capacity with Reno County Sheriff's Department; DEPUTY SWONGER, in his official capacity with Reno County Sheriff's Department; DEPUTY MONDRAGON, in his official capacity with Reno County Sheriff's Department; and DEPUTY CARDER, in his official capacity with Reno County Sheriff's Department; Defendants.
MEMORANDUM AND ORDER
F. MELGREN UNITED STATES DISTRICT JUDGE.
case arises out of an assault that took place in the Reno
County Jail. Plaintiff Maurice Miles, Jr., alleges that
Defendants violated his Eighth Amendment rights against cruel
and unusual punishment by failing to provide him protection
from another inmate. Following Defendants' Motion to
Dismiss, Defendant Conrad is the sole remaining defendant in
the case. He now seeks summary judgment on the Eighth
Amendment claim brought against him (Doc. 81). The Court
finds that Plaintiff cannot establish essential elements of
his claim. Thus, Defendant's motion is granted.
Factual and Procedural Background
This case arose after another
inmate at the Reno County Jail assaulted Plaintiff. On or
about April 30, 2016, Plaintiff was booked into and
incarcerated at the Reno County Jail in Hutchinson, Kansas.
On May 25, 2016, Plaintiff was placed into the same cell with
inmate Robert Sallabedra.
at the Reno County Jail are directed to communicate concerns,
requests, and related information to the Sheriff's
Department through the “turnkey system.” The
turnkey system electronically transmits inmate messages to
Reno County jail personnel to be reviewed and addressed by
the jail staff.
29, 2016, Plaintiff submitted his first turnkey request
related to his cellmate. In this request, submitted at 5:03
a.m., he stated: “Please can I move cells? i keep
catching my cellie digging through my stuff and its pissing
me off.” Deputy Nall reviewed and denied the request on
May 29 at 6:47 p.m.
p.m., on May 30, 2016, Plaintiff submitted a second turnkey
request. In it, he said: “I dnt know why yall do this
to me. Is it a set up to fail? I do not get along with my
cellie at as a room mate theres plenty of other cells in this
pod that are open. Can you please move me?” The next
day, at 6:20 p.m., Deputy Conrad responded: “You will
not be moved.”
days later, on June 4, 2016, at 8:09 p.m., Plaintiff sent a
message: “I just to make sure that I dont get into any
truble for the stolen books that my cellie has been hording
in our cell the next time you shake down.” Deputy Nall
responded with “Noted.”
6, Plaintiff sent the following message about his cell mate:
“People are talking about woopin my cellie for stealing
and tering up the librarybooks an he keeps stealing coffee
from people as well. Something need to be done soon about
it.” That same day, Deputy Wornkey replied with
7, 2016, at 9:36 p.m., Plaintiff sent his fifth turnkey
report about his cellmate: “Imasking that you please do
something with my cellie, if he steals or disrespects me one
more time Im gonna end up in the hole. He constantly
disrespects this whole pod. Im not going to keep putting up
with his stealing from me problem.” There was no
response to this message.
9, 2016, at 4:51 a.m., Plaintiff sent the following message:
“Are yall realy serious? I mean we gave a nte t the
gaurds last night with over 10 signatures on it to move
salabedra out of this pod and yall still ignore us? So what
do we do now? All go to the hole for handeling it our selvs?
Everybody is ready to woop this dudes ass if something dont
happen. The stealing and disrespect has gone to far.”
same day, approximately 10 minutes later at 5:00 a.m.,
Plaintiff and Sallabedra were involved in a physical
altercation (which is the subject of Plaintiff's claim in
this case). Deputy Conrad called for a code red over the
radio immediately upon learning of the altercation. Deputy
Conrad and other personnel removed Plaintiff and Sallabedra
from the pod and separated them to investigate the
occurrence. Plaintiff and Sallabedra were moved to separate
pods and cells for approximately seven weeks. They were
placed in the same pod, but not the same cell, for
approximately 12 days in late July and early August.
filed several different handwritten grievances during his
imprisonment at the Reno County jail. The first one was filed
on June 11, 2016. On August 8, 2016, Plaintiff along with
ten other inmates, filed a handwritten inmate
grievance. In this grievance, they asked for
Sallabedra to be removed from the pod because he was
disrespectful and stealing things. This grievance referenced
the previous assault and asked that Sallabedra be moved as
soon as possible. The inmate housing history report indicates
that Sallabedra was moved from the pod on August 10 at 8:12
Conrad provided an affidavit in which he avers that he did
not directly receive any reports from Plaintiff or other
inmates that Sallabedra had threatened Plaintiff with
physical harm and was not aware of any such reports.
13, 2016, Plaintiff, proceeding pro se, filed the current
lawsuit against several individuals employed with the Reno
County Sheriff's Department. The Court issued a notice of
deficiency to Plaintiff, and Plaintiff submitted a new
Complaint on July 29, 2016, which he supplemented on August
11, 2016. The case was dismissed for failure to exhaust
administrative remedies, but it was reversed on appeal and
subsequently reassigned to this Judge. After reassignment,
Plaintiff filed an Amended Complaint, as well as a supplement
to his Amended Complaint.
Defendants filed a Motion to Dismiss. The Court granted in
part and denied in part Defendants' motion. The only
claim remaining asserts that Deputy Conrad violated
Plaintiff's Eighth Amendment rights when he failed to
protect Plaintiff from his cellmate, Sallabedra. Defendant
Conrad now moves for summary judgment on this claim.