United States District Court, E.D. Arkansas, Pine Bluff Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge James Moody, Jr. Any party may file written
objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Moody can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Daniel Sanders (“Sanders”), proceeding pro
se, contends that his constitutional rights were
violated when Defendants failed to protect him from an attack
by a fellow prisoner on July 17, 2013, in the Varner Unit of
the Arkansas Department of Correction (“ADC”).
Docs. 8 & 27.
seeks, as to each Defendant, $25, 000 in compensatory damages
and $10, 000 in punitive damages. Doc. 8 at 14. He
also requests declaratory relief that his constitutional
rights were violated and injunctive relief requiring that he
be housed at the Delta Regional Unit until he is paroled.
Doc. 8 at 8.
September 20, 2016, the Court dismissed, on screening,
Sanders' claim that he was wrongfully issued a
disciplinary for his role in the July 17, 2013 attack and
that the disciplinary was issued in retaliation for him
filing a grievance about the attack. Sanders was permitted to
proceed solely on his failure to protect claim. Doc. 10
April 28, 2017, the Court: (1) granted partial summary
judgment to separate Defendants Correction Officer J.G.
Garcia, Warden Randy Watson, Assistant Warden Meinzer,
Assistant Warden Jackson, and Classification Officer
Washington; and (2) allowed the case to proceed solely
as to Sanders' failure to protect claims against separate
Defendants Major Kenneth Bolden (“Bolden”) and
Correctional Officer Kristena Rosales-Calloway
(“Rosales-Calloway”). Docs. 48 &
57. Doc. 48 at 4-7.
and Rosales-Calloway have filed a Motion for Summary
Judgment, a Brief in Support, and a Statement of Undisputed
Facts. Docs. 63-65. Sanders has filed a
Response. Doc. 81.
reaching the merits of Defendants' Motion for Summary
Judgment, the Court will review the relevant undisputed facts
giving rise to Sanders' failure to protect claims.
July of 2013, Sanders was housed in Barracks 19 of the Varner
Unit, which has a capacity of 50-52 inmates. Barracks 19 is
an “open barracks.” Doc. 63-1 at p. 16-18,
Early on July 17, 2013, at approximately 3:50 a.m., Sanders
was returning to Barracks 19 after eating
breakfast. Sanders' attacker, Ethan Jackson
(“Jackson”), lived in Barracks 22 and was on
crutches. He modified a two-foot piece of one of his
wooden crutches into a weapon and hid it in his pants. After
Sanders walked past Inmate Jackson, who was leaning against
the wall in the hallway, Inmate Jackson attacked him from
behind. Doc. 63-1 at p. 26, 48, 51.
Defendant Rosales-Calloway was standing at her post, close to
Sanders and Inmate Jackson, when the attack occurred. She
shouted “hey, hey, hey, hey” either to stop
Jackson or to warn Sanders of the surprise attack. Doc.
63-1 at p. 39-41.
attack was captured on video. The video shows that the fight
lasted 12 seconds, from 3:48:46 to 3:48:58, at which point
Sanders was able to secure himself in a control booth and pin
Inmate Jackson's arm in the door until help arrived. At
3:49:46, forty-eight seconds after the attack began, four
officers arrived on the scene. Fourteen seconds later, at
3:49:48, four more officers arrived. Inmate Jackson was
handcuffed and taken away. Officers then spent several
minutes convincing Sanders to come out of the control booth.
Doc. 63-1 at 86-89.
During the attack, Inmate Jackson hit Sanders three to four
times with the modified crutch, landing two or three blows to
Sanders's head and one blow to his arm. Sanders sustained
a wound to his head and a small wound to his hand. Doc.
63-1 at 28.
Immediately after the attack, Sanders was taken to the
infirmary, where he was treated for his injuries, which
healed completely in three weeks to a month. Doc. 63-1 at
the time of the attack, Sanders had two inmates on his enemy
alert list. Inmate Jackson was not one of them.
Until Inmate Jackson attacked him, Sanders did not know who
Jackson was and he had no reason to believe that Jackson
might attack him. Doc. 63-1 at p. 27, 32, 48; 55,
65. Similarly, Bolden and Rosales- Calloway ...