Gooden v. Mormon
Gooden v. Mormon
Opinion of the Court
Jarrod Gooden, a Georgia state prisoner proceeding pro se, appeals the district court’s sua sponte dismissal, pursuant to 28 U.S.C. § 1915A, of his civil rights action against Officer Cedric Mormon and Deputy Warden Angela Williams for deliberate indifference. See 42 U.S.C. § 1988. After review, we affirm.
I.
The complaint
The complaint further alleges that Mr. Gooden filed a witness statement form the next day addressed to Deputy Warden Williams explaining that he had not been seen by medical or mental health staff within the past 24 hours “of his assault” in violation of the prison’s standard operating procedure. One week later, Mr. Gooden filed an informal grievance with Deputy Warden Williams describing the July 20th incident. His grievance, however, neglected to mention the severity of his injury or the need for medical care, and the only relief he requested was to press charges against Officer Mormon and to speak to Internal Affairs. Mr. Gooden was not seen by prison medical staff for approximately 22 days until after he filed a second informal grievance complaining about his lack of medical care.
Mr. Gooden eventually brought suit under § 1983 against Officer Mormon and Deputy Warden Williams for deliberate indifference. He claims that Officer Mormon left him unsupervised, defenseless, and exposed to a risk of serious harm. He also claims that Deputy Warden Williams knew that he was in need of medical care and nevertheless failed to timely respond. Pursuant to § 1915A, the district court conducted an initial screening of Mr. Goo-den’s complaint to determine if it was “frivolous, malicious, or fail[ed] to state a claim upon which relief may be granted.” 28 U.S.C. § 1915A(b)(l). After reviewing the complaint, the district court held that Mr. Gooden’s claims warranted dismissal.
II.
We review de novo a district court’s dismissal for failure to state a claim pursuant to § 1915A(b)(l). See Leal v. Georgia Dept. of Corr., 254 F.3d 1276, 1278-79 (11th Cir. 2001). Dismissal is appropriate if the complaint, on its face, does not state a plausible claim for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 1949-50, 173 L.Ed.2d 868 (2009). We must accept as true all factual allegations in the complaint. Id. at 678, 129 S.Ct. 1937. And because Mr. Gooden is proceeding pro se, his pleadings must be liberally construed. See Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998).
We first address Mr. Gooden’s claim against Officer Mormon for failure to protect him from serious harm. “[P]rison officials have a duty ... to protect prisoners from violence at the hands of other prisoners.... It is not, however, every injury suffered by one prisoner at the hands of another that translates into constitutional liability for prison officials responsible for the victim’s safety.” Farmer v. Brennan, 511 U.S. 825, 833-34, 114 S.Ct. 1970, 1976-77, 128 L.Ed.2d 811 (1994) (internal quotation marks omitted). For that reason, prison officials are only liable for a constitutional violation under § 1983 when they “(1) have subjective knowledge of the risk of serious harm, and (2) nevertheless fail to reasonably respond to the risk.” Id. at 837, 114 S.Ct. 1970. Officer Mormon’s alleged conduct in this case does not meet this standard.
According to Mr. Gooden, he was left unattended in his cell for no more than five minutes while other inmates cleaned a water spill. Mr. Gooden claims that Officer
We next address Mr. Gooden’s claim against Deputy Warden Williams for deliberate indifference to his serious medical needs.
Mr. Gooden alleges that he made Deputy Warden Williams aware of his serious medical needs by filing a witness statement form on July 21, 2010, and an informal grievance six days later explaining that he was the victim of a sexual assault.
We also cannot infer Deputy Warden Williams’ subjective knowledge based upon Mr. Gooden’s contention that it is standard prison policy to conduct a medical and mental examination of any victim of sexual assault within 24 hours of the incident. Deputy Warden Williams’ alleged failure to comply with prison policies may very well be negligent, but it is not, in and of itself, a constitutional violation. Cf. Vodic-ka v. Phelps, 624 F.2d 569, 575 (5th Cir. 1980) (implying that warden’s violation of an internal prison regulation did not justify relief under § 1983). Consequently, Mr. Gooden has failed to establish that Deputy Warden Williams knew about a serious medical need and deliberately chose to ignore it. Cf. Ray v. Foltz, 370 F.3d 1079, 1084 (11th Cir. 2004) (“At most, their claim is that the defendants were negligent or careless in not gathering the information, or that they negligently or carelessly failed to follow Department guidelines.”).
III.
Accordingly, we affirm the district court’s dismissal of Mr. Gooden’s complaint pursuant to § 1915A(b)(l) for failing to state claims upon which relief can be granted.
Affirmed.
. After Mr. Gooden filed his complaint, the district court determined that "additional information [was] needed to screen [Mr. Goo-den’s] complaint” and ordered Mr. Gooden to answer a series of questions seeking greater specificity with respect to his factual allega-lions. See Order, D.E. 8. In assessing the merits of Mr. Gooden’s claim, we rely on both the initial complaint and the supplemental response, just as the district court did in its initial screening.
. Mr. Gooden’s complaint also appeared to state a claim against Deputy Warden Williams for rejecting his grievance against Officer Mormon without conducting a proper and prompt investigation. This claim fails because prison inmates do not have a constitutionally-protected liberty interest in the inmate grievance process. See Bingham v. Thomas, 654 F.3d 1171, 1177 (11th Cir. 2011).
. Mr. Gooden attached a copy of the informal grievance to his complaint, but he did not include a copy of the witness statement form. We therefore rely on the complaint's description of the form’s contents, which allegedly "explained] how [he] had not seen medical or mental health within 24 hours of [his] assault as stated in the [prison's standard operating procedures].” Supplement, D.E. 9 at 2. The supplement does not contain any other description of the witness statement form.
. We note that Georgia law has the separate crime of "sexual assault.” See GaCode Ann. § 16-6-5.1. But that crime is limited to individuals — such as school employees, parole officers, law enforcements officials, hospital staff, correctional officers, psychotherapists, nursing home staff, or at — home caretakers— who engage in sexual contact towards those in their care or custody. Notably, the crime of sexual assault encompasses "any sexual contact” and also does not require proof of physical harm. See id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.