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Buchanan v. Hurt

United States District Court, D. Nebraska

March 9, 2017

JESSICO BUCHANAN, Plaintiff,
v.
HURT, Corporal, All defendants sued in their individual and official capacity; and STEINBECK, Sgt., All defendants sued in their individual and official capacity; Defendants.

          MEMORANDUM AND ORDER [*]

          Richard G. Kopf Senior United States District Judge

         This matter is before the court on Defendants' Motion for Summary Judgment. (Filing No. 88.) For the reasons that follow, the Motion is granted.

         I. BACKGROUND

         Plaintiff Jessico Buchanan (“Buchanan”) filed his Complaint on September 25, 2013. (Filing No. 1.) After initial review, and several motions, Buchanan's remaining claims are against Defendants Hurt and Steinbeck in their individual capacities. (Filing No. 73.) He alleges pursuant to 42 U.S.C. § 1983 that Defendants failed to protect him from a physical assault from his cellmate. (Id.) Defendants filed their Motion for Summary Judgment on January 13, 2017. (Filing No. 88.) Along with their Motion, Defendants filed an Index of Evidence and Brief in Support. (Filing No. 89.) On February 27, 2017, Buchanan filed a Motion in Objection to Defendants' Motion for Summary Judgment and Brief in Opposition. (Filing No. 90; Filing No. 91.)

         II. RELEVANT UNDISPUTED FACTS[1]

         1. Buchanan, at all times relevant to this action, was incarcerated under the custody and control of the Nebraska Department of Correctional Services at the Diagnostic and Evaluation Center. (Filing No. 1.)

         2. Hurt was, at all times relevant to this action, a Corporal for the Diagnostic and Evaluation Center with the Nebraska Department of Corrections. (Filing No. 89-4.)

         3. Steinbeck was, at all times relevant to this action, an Intake Sergeant for the Diagnostic and Evaluation Center with the Nebraska Department of Corrections. (Filing No. 89-2.)

         4. Hurt was responsible for calling inmates to breakfast and handing out medications during breakfast. (Filing No. 89-4.)

         5. Hurt would release inmates two cells at a time to go through the line to receive breakfast and medication. (Id.)

         6. While conducting the breakfast procedures, Hurt was also supervising the inmates on the unit and the food porters who were handing out the food. (Id.)

         7. The process for giving out breakfast and medications takes approximately 40-50 minutes each morning. (Id.)

         8. On September 14, 2015, during breakfast, Buchanan went to Hurt to discuss issues he was having with his cellmate, Harris. (Filing No. 89-4; Filing No. 89-7.)

         9. Buchanan informed Hurt that Harris had been acting strange. (Filing No. 89-4.)

         10. Buchanan also informed Hurt that he believed that something was “going to go down” because Harris had taken his shoelaces out of his boots. (Filing No. 89-4; Filing No. 89-7.)

         11. Hurt told Buchanan that he would look into the matter after mealtime ...


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