Mathis v. Joyner et al, No. 1:2021cv01076 - Document 32 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION and ORDER that Defendants' Motion to Dismiss (Dkt. 18) is GRANTED; and it is further ORDERED that the failure to protect claim against Defendant Sergeant Marshall is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii); and it is further ORDERED that this civil action is DISMISSED (see Order for further details). Signed by District Judge Patricia Tolliver Giles on 12/20/2022. (swil)
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Mathis v. Joyner et al Doc. 32 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 1 of 9 PageID# 233 Dockets.Justia.com Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 2 of 9 PageID# 234 evidence does not demonstrate that Officer Joyner and Sergeant Holland failed to protect Plaintiff from harm and, therefore, the Court grants Defendants summary judgment on these claims. Finally, the Court also finds that Plaintiffs failure to protect claim against Sergeant Marshall does not state a claim upon which relief may be granted and must be dismissed under 28 U.S.C. ยง 1915(e)(2)(B)(ii). I. BACKGROUND In the unverified amended complaint, Plaintiff alleges that before he was transferred from segregation to general population, on March 24, 2021, he used a computer to message Ms. Khan, who works in classification, and told her not to place him in housing unit Pod 1A because he "had enemies" there. Dkt. 9. Plaintiff alleges that, because he did not get a response from Khan, he also relayed his request to Sergeant Marshall, who asked Plaintiffto provide names of his supposed enemies. Id. Plaintiff responded that he did not "know their real names." Id. Plaintiff alleges that Marshall called Lieutenant Sample and told Sample that Plaintiff "wasn't moving." Sample then told Plaintiff to pack up his stuff. Id. The next day Plaintiff moved to Pod 1A. Id. On March 26, a day after his transfer, Plaintiff alleges that he was "jumped" by nine inmates inside his cell for three to five minutes. Id. Plaintiff alleges that he then asked Officer Joyner to be moved to a different housing unit. Id. Plaintiff alleges that even though Joyner knew about the attack and could see Plaintiffs "noticeable black eye," Joyner refused to transfer him. Id. Plaintiff alleges that Sergeant Holland also observed Plaintiffs black eye and did nothing. Id. On March 27, Plaintiff alleges that he got into a physical altercation with four other inmates. Id. Specifically, Plaintiff alleges: "One of the guys had asked to fight me one on one in the cell. So, I fought him[, and] right after that his homeboy wanted to fight me. This continued 2 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 3 of 9 PageID# 235 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 4 of 9 PageID# 236 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 5 of 9 PageID# 237 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 6 of 9 PageID# 238 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 7 of 9 PageID# 239 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 8 of 9 PageID# 240 Case 1:21-cv-01076-PTG-IDD Document 32 Filed 12/20/22 Page 9 of 9 PageID# 241
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