Documente Academic
Documente Profesional
Documente Cultură
No. 14-6300
RICHARD E. KARTMAN,
Plaintiff Appellant,
v.
SHANNON MARKLE; OFFICER STANCOTI; OFFICER SKIDMORE,
Defendants Appellees,
and
OFFICER LONG; JOHN DOE MEDICAL EMPLOYEE,
Defendants.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:10-cv-00106-FPS-JES)
Submitted:
Before DUNCAN
Circuit Judge.
and
FLOYD,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Richard E. Kartman appeals from the district courts
orders
granting
Kartmans
motion
summary
for
judgment
to
reconsideration
Defendants
in
and
Kartmans
denying
42
U.S.C.
As a
Skidmore
The
district
court
granted
and
Stancoti,
finding
that
summary
they
were
judgment
to
entitled
to
The
Subsequently,
the
district
court
granted
summary
grievances
and
letters
as
he
alleged,
of
substantial
risk
of
harm
there
was
no
Kartman
and
was,
I.
This
[c]ourt
reviews
district
courts
grant
of
135
(4th
Cir.
2012).
The
district
court
shall
grant
as
allegations
evidence
a
do
in
matter
not
of
law.
suffice,
support
of
Conclusory
nor
does
[the
or
mere
nonmoving
speculative
scintilla
partys]
of
case.
Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir.
2002) (internal quotation marks omitted).
Eighth
Amendment
imposes
duty
on
prison
quotation
omitted).
1983
on
claim
for
failure
inmate
must
show:
(1)
serious
emotional
injury
resulting
to
from
4
To
obtain
protect
or
relief
under
from
violence,
an
significant
physical
or
DeLonta
v.
that
failure,
Angelone, 330 F.3d 630, 634 (4th Cir. 2003) (internal quotation
marks
omitted);
and
(2)
that
the
prison
officials
had
indifference.
Farmer,
511
U.S.
at
834
(internal
Lee
v.
Cleveland,
372
F.3d
294,
302
(4th
Parrish ex
Cir.
2004)
inference.
Farmer,
511
U.S.
at
837.
showing
of
344, 347-48 (1986); Grayson v. Peed, 195 F.3d 692, 695 (4th Cir.
1999).
Farmer,
II.
Aside
from
general
allegations
that
all
the
prison
officials should have been aware of the threat against him based
on his numerous statements to other prison officials, Kartman
did not aver that he informed Stancoti of a substantial risk of
harm prior to the first altercation.
verbal
outside
altercation,
Kartmans
cell
for
observed
twenty
the
other
minutes,
inmate
and
then,
pacing
when
However,
the
fact
that
Stancoti
watched
verbal
Moreover,
Stancotis
report
states
that
he
took
Stancoti
assaulted
by
stood,
two
smiled,
inmates,
and
knocked
watched
as
to
ground
the
Kartman
was
extremely
There is no affidavit,
report,
regarding
or
testimony
from
Stancoti
the
November
incident.
The district court did not specifically address this
claim.
assault
October
and
response
fight.
to
Stancoti
The
the
court
appropriately
second
makes
no
incident
responded
mention
once
it
of
to
the
Stancotis
began.
Because
watched
Kartman
being
assaulted
and
unreasonably
(3d
Cir.
2002)
(finding
that
corrections
officers
guards
another).
failed
to
intervene
while
one
inmate
attacked
III.
Kartman testified in his deposition that he repeatedly
informed Markle, the Administrator of the Central Regional Jail,
in grievances and letters delivered by varying methods, that he
faced a substantial risk of harm from other inmates.
Markle
had
no
knowledge
of
Kartmans
situation.
The
conclude
that
material
issues
of
fact
exist
Markle testified
referral
would
require
Markle
grievances
must
be
filed
to
initially
read
and
with
the
Administrator
of
the
insufficient to exhaust.
as
stating
that
Markle
had
received
Kartmans
ruling,
we
find
that
Kartman
provided
sufficient
either
existence.
received
them
or
was
willfully
blind
to
their
The district
of
the
incident
reports
of
the
October
fight,
action.
Because
it
is
unclear
whether
Markle
was
in
entitled
to
qualified
immunity.
Accordingly,
we
affirm
the
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED IN PART;
VACATED AND REMANDED IN PART
10