1:24-cv-00165•Morgan #805616 v. Washington et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MONTRELL DARSHAWN MORGAN #805616, Plaintiff, Hon. Jane M. Beckering v. Case No. 1:24-cv-165 HEIDI WASHINGTON, et al., Defendants. ____________________________________/ REPORT AND RECOMMENDATION Plaintiff, who is currently incarcerated with the Michigan Department of Corrections (MDOC) at Carson City Correctional Facility, filed a complaint against several MDOC employees on February 20, 2024, alleging claims pursuant to 42 U.S.C. § 1983 based on events that occurred at Earnest C. Brooks Correctional Facility (LRF) while Plaintiff was housed there in July 2023. Plaintiff’s remaining claim in this case is his Eighth Amendment failure-to-protect claim against Corrections Officer (CO) Robert Roundtree. This matter is before me on CO Roundtree’s Motion for Summary Judgment (ECF No. 26), which is fully briefed and ready for decision. Pursuant to 28 U.S.C. § 636(b)(1)(B), I recommend that the Court GRANT the motion and dismiss Plaintiff’s complaint with prejudice. I. Background On the evening of July 29, 2023, CO Roundtree and other officers in Baldwin Unit of LRF had their hands full with prisoner fights. Beginning at 10:17 p.m. and continuing until approximately 10:25 p.m., numerous fights involving 17 prisoners broke out, necessitating a significant staff response. (ECF No. 27-2.) The first several fights occurred in the Baldwin Unit Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 1 of 9
2 dayroom. The initial fight began when prisoners Moore and McCallum squared off to fight. Moore struck McCallum twice in his face, knocking McCallum to the ground and rendering him unconscious. Moore continued to strike McCallum in the face area with closed fists while McCallum was laying on the ground until another prisoner, Galego, pushed Moore away from McCallum. (Id. at PageID.125.) Within seconds, prisoner Allen struck prisoner Harrison from behind, knocking him to the ground. At about the same time, prisoner Lowery struck Plaintiff from behind with close fists to the head and body area, and they began to fight. Prisoner Holmes then joined the fight by striking Lowery with closed fists in the head and body area. Plaintiff, Lowery, and Holmes continued to fight and eventually ended up on the ground. CO Roundtree and CO Uriah responded to the dayroom immediately after CO Lo called “fight” in Baldwin Unit over his radio. (Id.) CO Lo deployed his personal chemical agent toward Plaintiff’s, Lowery’s and Holmes’s face areas while giving loud verbal commands to stop fighting. CO Roundtree handcuffed Plaintiff while CO Lo attempted to apply handcuffs to Lowery. CO Roundtree then escorted Plaintiff from the dayroom to the officer’s station located in a lobby-type area. (Id.) Video evidence of these events shows that, at the time CO Roundtree took Plaintiff to the officer’s station, no prisoners were fighting in the area. (ECF No. 27-3.) Immediately prior to that time, however, CO Victoria Borkowski had entered Baldwin Unit and separated prisoners Cottle and Taylor, who were actively fighting in the lobby. (ECF No. 27-2 at PageID.126.) Shortly thereafter, and before CO Roundtree entered the lobby with Plaintiff, CO Maria Perla entered Baldwin Unit and went to the hallway leading to the back entrance of the unit, where she separated prisoner Moore to the doors at the back entrance. (Id.) After CO Roundtree entered the lobby and took Plaintiff to the officer’s station, CO Borkowski went to the back entrance to assist CO Perla Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 2 of 9
3 in restraining prisoner Moore from fighting. Within a few seconds, four or five prisoners entered the hallway and began fighting in the area between COs Borkowski and Perla and the lobby. At this point, CO Roundtree saw that COs Borkowski and Perla were surrounded and cornered by five or six fighting prisoners and left Plaintiff handcuffed at the officer’s station to assist COs Borkowski and Perla. (ECF No. 27-3 at PageID.163–64.) CO Roundtree was able to separate Moore and held him against the wall as Moore resisted and verbally encouraged other prisoners to continue fighting. (Id. at PageID.164.) After about a minute, Moore broke free and ran into the lobby. Roundtree chased Moore around the lobby and was finally able to secure Moore. Another officer then escorted Moore out of the unit. (Id. at PageID.164.) At 10:22:40, while CO Roundtree was dealing with prisoner Moore, prisoner Sykes approached Plaintiff at the officer’s station and either punched or attempted to punch him with a closed fist. CO Vela, who had entered the unit as Sykes was walking towards Plaintiff, grabbed Sykes and pulled him away from Plaintiff. (ECF No. 27-2 at PageID.126.) As CO Vela attempted to subdue Sykes, prisoner Martin began attacking Sykes. During this scuffle, a prisoner hit CO Vela in the mouth area, causing him to disengage from Sykes. (Id.) CO Vela was eventually able to detain Sykes by taking him to the ground, and then escorted him from the unit to a segregation yard module. (Id. at PageID.127.) About 40 seconds after CO Vela removed prisoner Sykes from the unit, prisoner Porch ran to the officer’s station, grabbed a pool stick, and swung it at prisoner Martin. Porch missed Martin and the pool stick hit the floor and broke. CO Martinez then entered the unit and ordered Porch to drop the pool stick. Prisoner Porch complied, and CO Martinez secured the pool stick and handcuffed Porch. (Id.) The video evidence shows Morgan at the officer’s station after CO Roundtree left him to assist COs Borkowski and Perla. At that time, no prisoners were fighting in the lobby. Over the Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 3 of 9
4 next several minutes, a few inmates spoke with Plaintiff and then walked away from him. Around 10:22:40, without warning, prisoner Sykes attacked Plaintiff. After CO Vela intervened, Plaintiff walked away from the lobby towards the dayroom. Plaintiff was not near the officer’s station when prisoner Porch grabbed the pool stick and swung it at prisoner Martin. II. Motion Standard Summary judgment is appropriate if there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). Material facts are facts that are defined by substantive law and are necessary to apply the law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute is genuine if a reasonable jury could return judgment for the non-moving party. Id. The court must draw all inferences in a light most favorable to the non-moving party but may grant summary judgment when “the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Agristor Fin. Corp. v. Van Sickle, 967 F.2d 233, 236 (6th Cir. 1992) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)). III. Discussion Plaintiff alleges that Defendant Roundtree violated his rights under the Eighth Amendment by leaving him handcuffed at the officer’s station and at risk of attack when he went to assist COs Borkowski and Perla. A failure-to-protect claim is governed by essentially the same standards as a claim for deliberate indifference to an inmate’s serious medical needs. That is, a plaintiff must establish that the defendant was deliberately indifferent to “a substantial risk” that he might suffer “serious harm.” Greene v. Bowles, 361 F.3d 290, 294 (6th Cir. 2004) (quoting Farmer v. Brennan, 511 U.S. 825, 828 (1994)). The claim has both an objective and a subjective component. To satisfy the objective component, the plaintiff must show that, absent reasonable precautions, he was Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 4 of 9
5 exposed to a substantial risk of serious harm. Farmer, 511 U.S. at 836. To satisfy the subjective component, the plaintiff must show that the defendant acted with deliberate indifference. That is, the plaintiff must demonstrate that the defendant was “subjectively aware of the risk,” but failed “to take reasonable measures to abate it.” Greene, 361 F.3d at 294 (quoting Farmer, 511 U.S. at 829, 847). More specifically, the plaintiff must demonstrate that: (1) the defendant was aware of facts from which the inference could be drawn that a substantial risk of harm would exist if reasonable measures were not taken; (2) the defendant actually drew the inference; and (3) the defendant disregarded that risk. Id. at 837. To prevail on the specific claim that a defendant failed to protect him from an assault by another inmate, the plaintiff must establish: (1) the defendant had reason to believe another inmate would assault plaintiff; and (2) the defendant had both the opportunity and means to prevent the assault. See, e.g., Burgess v. Fischer, 735 F.3d 462, 475 (6th Cir. 2013). Plaintiff’s claim fails on both the objective and subjective components. As an initial matter, Defendant Roundtree supports his motion with video of the events as they unfolded in Baldwin Unit on July 29, 2023. The video, which could be appropriately titled Chaos in Balwin Unit, shows Defendant Roundtree and the other officers as they play a real-life game of whack-a-mole trying to stop one prisoner fight after another. As for the objective component, Defendant Roundtree presents a sworn declaration stating that when he noticed COs Borkowski and Perla surrounded by fighting prisoners and in need of assistance, he saw no prisoners were actively fighting near Plaintiff and had not heard any prisoner make threats toward Plaintiff. Given those circumstances, including the obvious danger COs Borkowski and Perla faced, Roundtree decided to leave Plaintiff and assist them. (ECF No. 27-3 at PageID.163–64.) The video evidence confirms CO Roundtree’s version, as it clearly shows that Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 5 of 9
6 no prisoners were fighting in the lobby when he left to assist the other officers. In fact, the video shows that, between the time Defendant Roundtree left Plaintiff and the time prisoner Sykes attacked Plaintiff, no other fight occurred in the lobby area. Plaintiff argues that Roundtree’s declaration creates a genuine issue of material fact because Roundtree states that he “[s]ens[ed] . . . danger posed to Officers Borkowski and Perla as well as other inmates in the unit,” and chose to leave Plaintiff unattended. (ECF No. 30 at PageID.173 (citing ECF No. 27-3 at PageID.164).) This argument lacks merit because it does not show that the fighting inmates presented a specific risk of harm to Plaintiff. Plaintiff presents nothing more than argument regarding a “general concern,” as opposed to evidence of a “specific, known risk to his safety.” Gant v, Campbell, 4 F. App’x 254, 256 (6th Cir. 2001) (citing Farmer, 511 U.S. at 833). In fact, Defendant Roundtree reasonably responded to the situation at hand by intervening to help stop the fighting. Likewise, contrary to Plaintiff’s argument, the video evidence showing prisoner Lowery attacking Plaintiff in the dayroom does not establish that Plaintiff faced a substantial risk of harm while at the officer’s station in the lobby. After CO Roundtree left the dayroom with Plaintiff, CO Lo secured prisoner Lowery in handcuffs, and another officer escorted Lowery from the unit to a yard module at 10:22:33. (ECF No. 27-2 at PageID.127.) Thus, Lowery did not present a risk of harm to Plaintiff. The affidavit Plaintiff presents from prisoner Michael Gunnarsson (ECF No. 30-1) also does not help Plaintiff establish an issue of fact.1 First, the affidavit does not meet the requirements of Federal Rule of Civil Procedure 56(c)(4) because it is not based on Gunnarsson’s personal 1 By separate order (ECF No. 36), I have granted Defendant Roundtree’s motion to strike the affidavit of Roderick Millener that Plaintiff attached to his sur-reply. Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 6 of 9
7 knowledge. Rather, Gunnarsson swears “to the best of my knowledge,” which is not adequate to defeat a motion for summary judgment. See Ondo v. City of Cleveland, 795 F.3d 597, 604 (6th Cir. 2015) (“Affidavits defeat summary judgment only if they are ‘made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.’”) (quoting Fed. R. Civ. P. 56(c)(4); Neis v. Fresenius USA, Inc., 219 F. Supp. 2d 799, 804–05 (E.D. Mich. 2002) (disregarding affidavit made “to the best of” the affiant’s knowledge for purposes of summary judgment). Second, even if Gunnarsson’s statements were admissible, they offer no support for Plaintiff’s claim. The facts Gunnarsson relates are consistent with Defendant Roundtree’s evidence showing that he left Plaintiff at the officer’s station to assist COs Borkowski and Perla with the prisoners fighting in the hallway. Nothing in the affidavit suggests that Plaintiff faced an objectively serious risk of harm at the time. Finally, to the extent Gunnarsson suggests that Plaintiff had to get away from prisoner Porch when Porch had the pool stick, the video blatantly contradicts such statement, as Plaintiff is not present in the lobby at all when Porch had the pool stick. See Scott v. Harris, 550 U.S. 372, 380 (2007) (“When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.”). In fact, Porch swung the pool stick at prisoner Martin, not Plaintiff. (ECF No. 27-2 at PageID.127.) Plaintiff also fails to present any evidence to establish that Defendant Roundtree was subjectively aware of a substantial threat or risk of injury to Plaintiff and disregarded that risk. As noted, the video shows that Defendant Roundtree and the other officers responding to Baldwin Unit on the night in question were confronted with a continuous string of prisoner fights requiring them to make split-second decisions. Under these circumstances, Defendant Roundtree was not Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 7 of 9
8 aware of, and did not disregard, a serious risk of harm to Plaintiff. Plaintiff presents no evidence that Defendant Roundtree knew that prisoner Sykes, or any other prisoner involved in the fighting that night, intended to harm Plaintiff. At best, the evidence shows no more than that Sykes’s attack of Plaintiff was random and unexpected. Defendant Roundtree also argues that he is entitled to qualified immunity. The doctrine of qualified immunity provides that government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Dietrich v. Burrows, 167 F.3d 1007, 1012 (6th Cir. 1999). An “objective legal reasonableness” test is used to determine whether the official could reasonably have believed his conduct was lawful. Anderson v. Creighton, 483 U.S. 635, 639 (1987). The qualified immunity inquiry requires a court to decide whether the facts as alleged or shown make out a constitutional violation or whether the defendant’s conduct violated a clearly established right at the time of the alleged misconduct. Pearson v. Callahan, 555 U.S. 223, 232 (2009). If the court can conclude that either no constitutional violation occurred or that the right was not clearly established, qualified immunity is warranted. Here, both prongs of the analysis support that Defendant Roundtree is entitled to qualified immunity. First, as set forth above, Plaintiff fails to establish an Eighth Amendment violation. In addition, on the second prong, Plaintiff fails to show that Defendant Roundtree’s actions violated clearly established law. That is, a reasonable officer in Defendant Roundtree’s position would not have known that his conduct in the circumstances at issue violated Plaintiff’s clearly established rights. Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 8 of 9
9 IV. Conclusion For the foregoing reasons, I recommend that the Court grant Defendant Roundtree’s motion for summary judgment (ECF No. 26) and dismiss Plaintiff’s complaint with prejudice. I further recommend that an appeal of this matter would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997); 28 U.S.C. § 1915(a)(3). NOTICE OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Dated: November 12, 2025 /s/ Sally J. Berens SALLY J. BERENS U.S. Magistrate Judge Case 1:24-cv-00165-JMB-SJB ECF No. 37, PageID.<pageID> Filed 11/12/25 Page 9 of 9
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