Marbury v. Warden, No. 17-12589 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's grant of summary judgment to a correctional facility officer and warden in a 42 U.S.C. 1983 action brought by plaintiff, alleging that defendants were deliberately indifferent to his substantial risk of safety.
The court held that the evidence plaintiff presented regarding a general risk of inmate-on-inmate violence did not rise to the level necessary to show deliberate indifference to a substantial risk. In this case, plaintiff failed to produce evidence that he was in an environment so beset by violence that confinement, by its nature, threatened him with the substantial risk of serious harm. Likewise, plaintiff's claim that defendants were deliberately indifferent to the more specific threat he warned them about in April 2016 -- that he had heard from a friend that someone intended to harm him -- failed because he did not have enough evidence to establish a genuine issue of fact that the warden was put on notice that plaintiff faced a substantial risk of serious harm. Finally, plaintiff failed to establish that defendants were deliberately indifferent in failing to investigate his report that someone was out to harm him or in otherwise failing to abide by prison policy.