Wilson v. Ryker
Wilson v. Ryker
Opinion of the Court
ORDER
Illinois prisoner Maurice Wilson appeals the district court’s dismissal of his complaint under 42 U.S.C. § 1983, alleging that prison officials violated the Eighth Amendment by failing to protect him from attacks he expects to suffer at the hands of other prisoners. We affirm.
Wilson, an inmate at the Lawrence Correctional Center, brought this failure-to-protect suit out of concern that his pleas
The district court screened Wilson’s complaint under 28 U.S.C. § 1915A(b)(l) and dismissed it for failure to state a claim. The court construed the complaint as alleging a right to be celled with prisoners of the same race or gang affiliation, and concluded that Wilson failed to state a claim because inmates have no constitutionally-recognized interest in choosing their cellmate.
Wilson appeals, arguing that he adequately stated a failure-to-protect claim. He asserts that he sufficiently alleged that the defendants were aware of the risks he faces, and maintains that the prison’s dangerous environment forces him to either physically defend himself in a “human cockfight” — and suffer the consequential penal sanctions for fighting — or refuse to fight and be victimized and abused, while correctional staff looks on in amusement.
The pleading standard set forth in Federal Rule of Civil Procedure 8 “does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). To state a failure-to-protect claim, Wilson must allege facts from which a court could conclude that he faces a substantial risk of serious harm, and that the defendants knew of and disregarded that risk. Farmer v. Brennan, 511 U.S. 825, 834, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Santiago v. Walls, 599 F.3d 749, 756 (7th Cir. 2010). However, a generalized risk of violence is not enough, for prisons are inherently dangerous places. Brown v. Budz, 398 F.3d 904, 909, 913 (7th Cir. 2005); Riccardo v. Rausch, 375 F.3d 521, 525 (7th Cir. 2004). Instead, Wilson must allege a tangible threat to his safety or well-being. Grieveson v. Anderson, 538 F.3d 763, 777 (7th Cir. 2008); Billman v. Indiana Dep’t of Corrections, 56 F.3d 785, 788 (7th Cir. 1995) (noting distinction between actual and feared exposure). Such a threat must reflect that he is subject to a substantial risk of future harm. Carroll v. DeTella, 255 F.3d 470, 472 (7th Cir. 2001); Henderson v. Sheahan, 196 F.3d 839, 846-847 (7th Cir. 1999). A substantial risk of serious harm is one in which the risk is “so great” that it is “almost certain to materialize if nothing is done.” Brown, 398 F.3d at 911. “[T]he conditions presenting the risk must be ‘sure or very likely to cause ... needless suffering,’ and give rise to ‘sufficiently imminent dangers.’ ” Baze v. Rees, 553 U.S. 35, 50, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008) (Roberts, C.J., plurality opinion) (quoting Helling v. McKinney, 509 U.S. 25, 33, 34-35, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993)).
Wilson’s allegations do not suggest that he was “almost certain” or “very likely” to suffer serious harm. He alleged generally that the prison’s policy of “inter-racial celly, opposition gang-member celly does place my life ... in danger” and that the
We make one final observation. The district court’s order inappropriately referred to an evidentiary burden when it stated that it would not substitute its judgment for that of prison officials “in the absence of substantial evidence in the record” showing that the officials exaggerated their response to security considerations. However, “[i]n federal court under Rule 8, the rules are simple: Notice is what counts. Not facts; not elements of ‘causes of action’; not legal theories.” Hefferman v. Bass, 467 F.3d 596, 600 (7th Cir. 2006). Despite the district court’s misstatement, the complaint must be dismissed for failure to state a claim.
AFFIRMED.
Reference
- Full Case Name
- Maurice WILSON v. Lee RYKER
- Cited By
- 370 cases
- Status
- Published