Morgan v. Dzurenda, No. 18-2888 (2d Cir. 2020)Annotate this Case
Plaintiff appealed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action, alleging that plaintiff's Eighth Amendment rights were violated when he was violently assaulted by a fellow inmate while imprisoned, and that defendants acted with deliberate indifference to his safety.
The Second Circuit held that plaintiff adduced sufficient evidence to raise a question of material fact -- as to whether a substantial risk of inmate attacks was longstanding, pervasive well-documented, or expressly noted by prison officials in the past -- against the Captain and the Warden. In this case, the Inmate Request Forms the Captain and the Warden received were detailed and explicit regarding the threat plaintiff believed another inmate posed. Furthermore, plaintiff orally conveyed his concerns regarding the threat to both the Captain and the Warden. Accordingly, the court vacated the district court's grant of summary judgment to the Captain and the Warden. The court affirmed the district court's grant of summary judgment as to all other defendants, remanding for further proceedings.