United States District Court, D. Nebraska
MEMORANDUM AND ORDER [*]
Richard G. Kopf Senior United States District Judge
matter is before the court on Defendants' Motion for
Summary Judgment. (Filing No. 88.) For the reasons that
follow, the Motion is granted.
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.)
RELEVANT UNDISPUTED FACTS
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.)
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.)
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.)
was responsible for calling inmates to breakfast and handing
out medications during breakfast. (Filing No. 89-4.)
would release inmates two cells at a time to go through the
line to receive breakfast and medication. (Id.)
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.)
process for giving out breakfast and medications takes
approximately 40-50 minutes each morning. (Id.)
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.)
Buchanan informed Hurt that Harris had been acting strange.
(Filing No. 89-4.)
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.
Hurt told Buchanan that he would look into the matter after