United States District Court, S.D. Indiana, Indianapolis Division
CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT
SARAH EVANS BARKER, District Judge.
For the reasons explained in this Entry, the plaintiff's motion for summary judgment [dkt. 54] is denied and the defendant's cross-motion for summary judgment [dkt. 63] is granted.
The plaintiff in this 42 U.S.C. § 1983 civil rights action is Audie Wilson ("Mr. Wilson"), an inmate currently in custody at the New Castle Correctional Facility but who at all relevant times was confined as a pretrial detainee at the Marion County Jail II ("Jail II"). Certain claims were dismissed when the Court screened the complaint in the Entry of May 15, 2013. The sole remaining defendant is Correctional Officer Mara Levine ("Officer Levine"). Mr. Wilson alleges that Officer Levine was deliberately indifferent to his safety by failing to protect him from an assault by another inmate.
The defendant has responded to the plaintiff's motion for summary judgment and also seeks summary judgment. The plaintiff has not responded to the defendant's cross-motion for summary judgment.
II. Summary Judgment Standard
Summary judgment is appropriate 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). A dispute about a material fact is genuine only "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). If no reasonable jury could find for the non-moving party, then there is no "genuine" dispute. Scott v. Harris, 550 U.S. 372, 380 (2007). The Court views the facts in the light most favorable to the non-moving party and all reasonable inferences are drawn in the non-movant's favor. Ault v. Speicher, 634 F.3d 942, 945 (7th Cir. 2011).
A. Undisputed Facts
On the basis of the pleadings and the portions of the expanded record that comply with the requirements of Rule 56(c)(1), construed in a manner most favorable to Mr. Wilson, the following facts are undisputed for purposes of the cross-motions for summary judgment:
On October 15, 2012, Officer Levine was stationed in the recreation area at the Jail II. Mr. Wilson and another inmate William Morris ("Mr. Morris") were among the inmates in the recreation room that day.
The first contact Mr. Wilson ever had with Mr. Morris was on that day when Mr. Morris asked Mr. Wilson if his name was Audie and said "Hey, man, I heard you a ChoMo." Mr. Wilson responded by asking, "What is that? What are you talking about?" Mr. Morris responded by saying "You know, ChoMo. You a child molester." Mr. Morris then said, "Don't worry about it" and walked away.
Mr. Wilson approached Officer Levine and said, "Listen, you need to get me out of here because I'm not about to get killed in here, and I'm not about to get no more time added to it." Officer Levine responded by saying, "No. I'm not getting you out. What's the problem?" Mr. Wilson said, "Well, I don't know what's about to happen, but I'm not about to get jumped in here." Officer Levine said, "Well, I can't get you out of here. You're not going nowhere."
Mr. Wilson then walked away from Officer Levine. Mr. Morris saw that Mr. Wilson had talked to Officer Levine. Mr. Morris was with other offenders. He said, "She can't save you" to which Mr. Wilson responded, "I don't need her to save me." The two offenders then engaged in more conversation and Mr. Morris made gestures with his fist jumping toward Mr. Wilson, and Mr. Wilson ...