United States District Court, N.D. Indiana, South Bend Division
OPINION AND ORDER
L. MILLER, JR. JUDGE
Davis, a prisoner without a lawyer, proceeds on an Eighth
Amendment claim against Counselor Schulz and Officer Kennell
for failing to protect him against an attack by his cellmate
on June 5, 2017, and on an Eighth Amendment claim against Dr.
Marandet and Nurse Practitioner Myers for providing
inadequate care for the injuries he suffered as a result of
the attack. The defendants filed these motions for summary
judgment, arguing that Mr. Davis hasn't demonstrated that
Counselor Schulz and Officer Kennell knew that the cellmate
presented a substantial risk to his safety and that Dr.
Marandet and Nurse Practitioner Myers provided adequate
medical care to Mr. Davis.
Davis was assigned to a cell with Randall Izquierdo in
December 2, 2018. Mr. Davis and Mr. Izquierdo didn't get
along; they disagreed often about bed assignments, use of the
television, and visitors. Mr. Izquierdo also tried to
intimidate Mr. Davis by staring at Mr. Davis as he slept,
complaining about Mr. Davis's race, and becoming upset if
he heard Mr. Davis urinate in the cell toilet. On December 7,
Mr. Davis wrote to Counselor Schulz, stating, “I am
having problems with my roommate. Things are not working out
with us. I now request to be moved into some other
cell.” Counselor Schulz told Mr. Davis the next day
that he couldn't be moved for ninety days and that Mr.
Davis had to find a new cellmate on his own. Mr. Davis last
spoke with Counselor Schulz about his cellmate in January
morning of June 5, 2017, when the cellhouse was on lockdown,
Mr. Izquierdo stuffed newspaper into the toilet and flooded
the cell. For hours, he paced the cell and yelled through the
door and on the intercom. When Mr. Davis heard staff outside
the cell, he yelled through the door for the unit team to
come to the room because there was a problem. He yelled that
his cellmate was acting out and that he needed to be moved.
deposition, Mr. Davis testified about the assault as follows:
Defense Counsel: Can you tell me generally
how long the altercation lasted?
Mr. Davis: I don't know. Like I say, I
was writing a letter. After he flooded the room our, he was
standing at the front of the door. He mumbled something. I
seen him taking his genitals out. I raised up because I was
sitting up in the bed with my legs propped, and I was writing
a letter. When he took his genitals out, I raised up. And I
had just turned on the hotpot then. I said, well, I'm up.
I'm going to make some coffee.
So I turned it on. I mixed everything for the coffee. I could
see him from my peripheral view standing at the door. He
started coming my way, urinating on the floor. But then he
didn't get to me, so I moved to the back. And then I put
my feet over the side and I raised up. So then he jumped up
on the bunk. He jumped back down. He hit the buzzer. I heard
the man say, “What?” He started cussing the
officer out. And then he's doing all this, and I'm
So I heard him say, you MF, mother fuckers are pissing me
off. And then I seen him reach and grab the hotpot. I knew
then I was in trouble. That's when I knew I was in
trouble, when he grabbed it.
Kennell arrived with another officer and ordered the inmates
to separate. Mr. Davis was escorted to the restricted housing
unit and was redirected to the infirmary.
Davis also testified about the threat posed by Mr. Izquierdo
before the attack:
Defense Counsel: Can you tell me when the
first time he threatened physical ...