Free Order - District Court of Connecticut - Connecticut

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Case 3:02-cv-01663-RNC Document 60 Filed 05/27/2004 Page 1 of 3 {
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, UNETIESDTRSITQTEOSF D§Oi?LiIc%TIC"{§°TURT FILED
Lsmaor HUNDLEY, : `ZHUU MM 2 `I FD != sq
Plaintiff, U.S. DISTRHZT COURT
Z BRIDGEPORT. CONN
V. : CASE NO. 3:O3CVl663 (RNC)
LEEN COMMONO, ET AL., g
Defendants. ;
NOTICE AND ORDER
Plaintiff Letroy Hundley, a Connecticut inmate proceeding
pre ge, brings this action pursuant to 42 U.S.C. § 1983, alleging E
that Correctional Officer Pamela Christee violated his Eighth
Amendment rights by failing to protect him from an assault by a {
fellow inmate, Wendell McClean. The assault occurred when, Q
despite a separation order issued by prison officials to keep I
plaintiff and McClean separated after an earlier incident, the {
two inmates were released simultaneously from their cells. The E
only conduct alleged against Christee is that she opened the cell `
doors then pulled McClean away from plaintiff after the assault E
began. Because these allegations are insufficient to state a
claim against Christee, plaintiff is ordered to file an amended
complaint demonstrating that Christee may be held liable. y
To state an Eighth Amendment claim against a prison official
for failure to protect, a plaintiff must allege facts
demonstrating that the official was deliberately indifferent to
his safety. Deliberate indifference is more serious than F
negligence. Davidson v. Cannon, 474 U.S. 344, 347-48 (1986). i
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N Case 3:02-cv-01663-RNC Document 60 Filed 05/27/2004 Page 2 of 3
Deliberate indifference exists when "the official knows of and
disregards an excessive risk to inmate health or safety; the
official must both be aware of facts from which the inference
could be drawn that a substantial risk of serious harm exists,
and he must also draw the inference." Farmer v. Brennan, 511
U.S. 825, 837 (1994); see, epgp, Morales v. New York State Dept.
of Corrections, 842 F.2d 27, 29-30 (2d Cir. 1988) (allegations
sufficient that prison officials either watched assault without i
intervening or knew that inmate had been assaulting other inmates
and failed to take any preventative action).1 It is unclear
from the complaint whether Christee knew about the separation
order at the time she released plaintiff and McClean from their
cells or allowed the fight to continue for some time before she
intervened. g
Accordingly, plaintiff is hereby ordered to file a second I
amended complaint setting forth allegations of acts and omissions i
by Christee demonstrating deliberate indifference to his safety R
as described above. To be timely, the second amended complaint l
must be filed with the Clerk and mailed to defense counsel on or
before June 30, 2004.
So ordered. i
1 Plaintiff does not satisfy his burden by making a
conclusory allegation that defendant "displayed deliberate
indifference and reckless disregard for his safety .... "
(Pl's Amended Compl. p. 15.) ge; Bass v. Jackson, 790 F.2d 260,
263 (2d Cir. 1986). He must allege some facts to support that I
contention. 2
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Case 3:02-cv-01663-RNC Document 60 Filed 05/27/2004 Page 3 of 3 I {
Dated at Hartford, Connecticut this 24th day of May 2004. .
A /i
D v ¥
i Robert N. ChatigEyg
United States District Judge
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