United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE UNITED STATES DISTRICT
Christopher Michael Johnson filed this civil rights action
alleging that he was held for three days in a cell at the
Marion County Jail without running water and with dried feces
on the bars. Now before the Court is defendant John R.
Layton’s motion for summary judgment. Dkt. 28. The
motion is fully briefed. The Court construes Mr.
Johnson’s “motion for summary judgment,”
dkt. 33, as a response to Sheriff Layton’s motion.
reasons below, Sheriff Layton’s motion for summary
judgment, dkt. , is granted.
extent Mr. Johnson intended to file a cross-motion for
summary judgment, that motion, dkt. , is
denied as untimely. The parties’
summary judgment motions were due August 6, 2019. Dkt. 23.
Mr. Johnson did not file his “motion” until
September 10, 2019. In any event, for the same reasons that
Sheriff Layton is entitled to judgment as a matter of law,
Mr. Johnson is not.
Summary Judgment Standard
motion for summary judgment asks the Court to find that a
trial is unnecessary because there is no genuine dispute as
to any material fact and that the movant is entitled to
judgment as a matter of law. See Fed. R. Civ. P.
56(a). Whether a party asserts that a fact is undisputed or
genuinely disputed, the party must support the asserted fact
by citing to specific portions of the record, including
depositions, documents, or affidavits. Fed.R.Civ.P.
56(c)(1)(A). A party can also support a fact by showing that
the materials cited by an adverse party do not establish the
absence or presence of a genuine dispute or that the adverse
party cannot produce admissible evidence to support the fact.
Fed.R.Civ.P. 56(c)(1)(B). Affidavits or declarations must be
made on personal knowledge, set out facts that would be
admissible in evidence, and show that the affiant is
competent to testify on matters stated. Fed.R.Civ.P.
56(c)(4). Failure to properly support a fact in opposition to
a movant’s factual assertion can result in the
movant’s fact being considered undisputed, and
potentially in the grant of summary judgment. Fed.R.Civ.P.
deciding a motion for summary judgment, the Court need only
consider disputed facts that are material to the decision. A
disputed fact is material if it might affect the outcome of
the suit under the governing law. Williams v.
Brooks, 809 F.3d 936, 941-42 (7th Cir. 2016). “A
genuine dispute as to any material fact exists ‘if the
evidence is such that a reasonable jury could return a
verdict for the nonmoving party.’” Daugherty
v. Page, 906 F.3d 606, 609-10 (7th Cir. 2018) (quoting
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986)). The Court views the record in the light most
favorable to the non-moving party and draws all reasonable
inferences in that party’s favor. Skiba v. Illinois
Cent. R.R. Co., 884 F.3d 708, 717 (7th Cir. 2018). It
cannot weigh evidence or make credibility determinations on
summary judgment because those tasks are left to the
factfinder. Miller v. Gonzalez, 761 F.3d 822, 827
(7th Cir. 2014). The Court need only consider the cited
materials, Fed.R.Civ.P. 56(c)(3), and need not “scour
the record” for potentially relevant evidence.
Grant v. Trustees of Indiana University, 870 F.3d
562, 573-74 (7th Cir. 2017) (quoting Harney v. Speedway
SuperAmerica, LLC, 526 F.3d 1099, 1104 (7th
Cir. 2008)). Any doubt as to the existence of a genuine issue
for trial is resolved against the moving party.
Anderson, 477 U.S. at 255.
Layton is the Marion County Sheriff. The Marion County
Sheriff manages the Marion County Sheriff’s Office, one
division of which is the Marion County Jail. Dkt. 29-7 at 2.
The Marion County Jails house a daily average of 2,500
Johnson was housed at the Marion County Jail from December
2017 to sometime in 2019. On July 27, 2018, he was moved to
cell 2O5. Dkt. 29-1 at 2. Upon arrival, he noticed dried
debris-which he believed to be fecal matter-on the bars of
his cell. Dkt. 29-2 at 10-11. When he tried to clean his
cell, he found that the cell’s sink did not work.
Id. at 18-19. Mr. Johnson had another inmate press a
call button and informed an officer over the intercom that
there was fecal matter on the bars of his cell and that he
had no water because the sink did not work. Id. at
28, 2018, Mr. Johnson filed a grievance for the broken sink
and cell conditions. Id. at 19-20; dkt. 29-3.
Sergeant Moore-who is not a party in this action-acknowledged
the grievance on July 30, 2018. Dkt. 29-3. That same day, Mr.
Johnson was moved out of cell 2O5 to a different cell in the
block. Dkt. 29-2 at 24.
adherent of Islam, Mr. Johnson prays five times daily and is
required to clean before each prayer session. Id. at
27. While he was housed in cell 2O5, he could not clean
before prayer. Id. at 21.
time from July 27 to July 30, 2018, did Mr. Johnson request
water to be brought to his cell. Id. at 29.
Layton received no communication from Mr. Johnson between
July 27 ...