Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Alkhalidi v. Buss

United States District Court, S.D. Indiana, Indianapolis Division

March 19, 2015

EDWIN BUSS, et al., Defendants.


WILLIAM T. LAWRENCE, District Judge.

This cause is before the Court on the Defendants' motion for summary judgment (Dkt. No. 119). The motion is fully briefed, and the Court, being duly advised, GRANTS the motion, for the reasons set forth below. In light of this ruling, the Court DENIES AS MOOT the Plaintiff's motion for leave to file a cross-motion for summary judgment (Dkt. No. 142).


Federal Rule of Civil Procedure 56(a) provides that 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." In ruling on a motion for summary judgment, the Court accepts as true the admissible evidence presented by the non-moving party and draws all reasonable inferences in the non-movant's favor. Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009). However, "[a] party who bears the burden of proof on a particular issue may not rest on its pleadings, but must affirmatively demonstrate, by specific factual allegations, that there is a genuine issue of material fact that requires trial." Id. Finally, the non-moving party bears the burden of specifically identifying the relevant evidence of record, and "the court is not required to scour the record in search of evidence to defeat a motion for summary judgment." Ritchie v. Glidden Co., 242 F.3d 713, 723 (7th Cir. 2001).


The relevant facts of record, viewed in the light most favorable to the Plaintiff Abdullah Aklhalidi, the non-moving party, are as follow.[1]

In May 1999, Alkhalidi was arrested and charged with several crimes, including murder, and he was detained at the St. Joseph County Jail in South Bend, Indiana, pending his trial. In 2000, Alkhalidi was convicted of murder, robbery, and theft, and he was sentenced to sixty-five years in prison. Prior to his transfer to the Indiana Department of Correction ("IDOC"), St. Joseph County officials notified the IDOC as follows:

For the first several months of his stay in this facility he was cooperative[, ] and we experienced very little behavior out of this inmate.
In January of this year[, ] this inmate attacked one of our officers in what was believed to be a failed escape attempt.... Inmate Alkhalidi attacked the officer with the help of another inmate, however[, ] this inmate was the one who broke the officer[']s jaw during the altercation.
In February of this year, while assigned to our segregation block from the above incident, Alkhalidi attacked another inmate simply due to his unwillingness to share his two[-]man cell with another inmate.
Use extreme caution when dealing with this inmate, he seems to be constantly sizing up the officers and watching for any weakness in security procedures. Inmate Alkhalidi has extensive martial arts training and quite obviously has no problem with hurting an officer, or another inmate for that matter.

Dkt. No. 121-1 at 12.

In December 2005, while at the Indiana State Prison ("ISP"), [2] Alkhalidi was recommended for "department-wide administrative segregation."[3] The following is noted in the request:

[O]ffender Alkhalidi is currently housed on our administrative segregation unit. In December 2005[, ] information was referred to staff of a possible escape attempt being compiled by the above offender. This escape attempt was to include hurting staff and taking a uniform and walking through the main entrance of the facility. With this information relayed[, ] a shakedown was directed and resulted in the finding of several ounces of tobacco and marijuana along with other paraphernalia....
Through investigation[, ] it was discovered this offender[']s involvement in drug/tobacco sales was and is extensive at the [ISP]....
With the current investigation and high security strains[, ] we feel his placement in long-term segregation would be appropriate.

Id. at 35.

As of March 2006, the ISP had not received a decision from the IDOC's Central Office regarding Alkhalidi's designation, and on March 8, 2006, a second recommendation for department-wide administrative segregation was sent. On March 28, 2006, the Central Office approved the recommendation, and Alkhalidi was transferred to the SCU at the WVCF.

On August 1, 2006, Alkhalidi appealed his designation. On September 1, 2006, the IDOC upheld the assignment and advised Alkhalidi that "for a number of reasons, [his] presence in general population constitutes a threat to the safety, security and orderly operation of the facility." Id. at 40. It also noted that Alkhalidi's designation would "be reviewed every thirty days by the Unit Management Team." Id.

In 2006, Alkhalidi's motion for post-conviction relief was granted, and a new trial was ordered. As a result, Alkhalidi was transferred from the IDOC to the St. Joseph County Jail, and he was held there pending his retrial. In April 2008, Alkhalidi was once again convicted of murder, robbery, and theft. This time, he was sentenced to fifty-five years in prison. Alkhalidi was transferred back to the IDOC in May 2008, and in July 2008, he was once again recommended for department-wide administrative segregation. The recommendation noted, in part, that during Alkhalidi's prior period of incarceration, he had been found guilty of possessing cigarettes, money, and drugs. Id. at 43. At that time, a psychiatrist also opined that Alkhalidi did not suffer from an AXIS 1 diagnosis or a serious mental illness. On August 5, 2008, the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.