United States District Court, D. South Carolina
REPORT AND RECOMMENDATION
V. HODGES UNITED STATES MAGISTRATE JUDGE
Wilson (“Plaintiff”) filed this action pursuant
to 42 U.S.C. § 1983, alleging violations of his
constitutional rights during his incarceration in the custody
of the South Carolina Department of Corrections
(“SCDC”). Plaintiff asserts claims against SCDC,
Warden Richard Cothran, Warden Willie Eagleton, Associate
Warden Annie Sellers, Correctional Officer McFadden,
Correctional Officer Smith, Correctional Officer Davis,
Correctional Officer Sgt. Parker, Correctional Officer
Gillespie, Correctional Officer Ocean, and Major Charles West
matter comes before the court on Defendants' motion for
summary judgment. [ECF No. 14]. The motion having been fully
briefed [ECF Nos. 15, 25], it is ripe for disposition.
Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B),
and Local Civ. Rule 73.02(B)(2)(d) (D.S.C.), this matter has
been assigned to the undersigned for all pretrial
proceedings. Having carefully considered the record in this
case, the undersigned recommends the district judge deny
Defendants' motion for summary judgment.
alleges that he has been attacked several times by fellow
inmates while in SCDC custody and that SCDC employees have
assisted in the attacks and failed to prevent further
attacks. Specifically, his complaint lists the following
June 30, 2016, while he was housed at Turbeville Correctional
Institution (“TCI”), Plaintiff alleges that nine
inmates beat him, stabbed him nine times, and then robbed
him. [ECF No. 1-1 at ¶¶ 24-26]. Plaintiff alleges
he was unconscious for 15 to 20 minutes, but when he regained
consciousness and staggered onto the prison wing, he was
unable to find a correctional officer. Id. at ¶
27. When McFadden returned to the wing, an inmate advised him
Plaintiff had been hurt and McFadden escorted Plaintiff to
the Associate Warden, who instructed McFadden to take
Plaintiff to medical. Id. at ¶¶ 28- 29.
The nurse examined Plaintiff and instructed the correctional
officers to take Plaintiff to the hospital, which they
eventually did four hours later. Id. at ¶ 29.
was transferred to Evans Correctional Institution
(“ECI”) a few days later, and was housed on the
same wing as one of the inmates that had attacked him.
Id. at ¶¶ 30-31. The other inmate again
threatened Plaintiff, which he reported to Warden Eagleton,
but no action was taken to move Plaintiff or the other
inmate. Id. at ¶ 32.
September 27, 2016, Plaintiff had a disagreement with his
roommate, who brandished a knife and threatened Plaintiff.
Officer Smith was present during the incident and moved
Plaintiff to a different cell, but he did not confiscate the
knife or write an incident report. Id. at
¶¶ 35-36. Plaintiff signed a statement about the
incident and identified a correctional officer he alleged
provided contraband to inmates. Id. at ¶ 37.
Plaintiff was advised by Associate Warden Sellers that he
should “grow up and take care of the problem
himself.” Id. at ¶ 38.
was advised by his new roommate that there was a “hit
out on him, ” and the following afternoon he was
attacked by three inmates who struck him with a lock in a
sock. Id. at ¶ 39. Plaintiff alleges the
medical care following this incident was inadequate.
Id. at ¶¶ 42-43. Plaintiff also alleges
correctional officers called him a snitch. Id. at
October 27, 2016, Sgt. Parker unlocked Plaintiff's cell
door, while several inmates just outside of his cell.
Id. at ¶¶ 50-51. According to Plaintiff,
some of the inmates were not allowed on the wing, but had
been let in by Parker. Id. Parker then left and
remained in the office while five of the inmates entered
Plaintiff's cell, restrained him, beating him with a lock
in a sock, and robbed him of his belongings. Id. at
April 24, 2017, Plaintiff was talking on the telephone when
he was attacked by six gang members. Id. at ¶
60-61. The correctional officer on duty locked him in his
cell, and he was not seen by medical for four days.
Id. at ¶ 63.
June 2, 2017, Officer Gillespie unlocked Plaintiff's cell
door against his wishes and then left the wing. Id.
at ¶¶ 68-70. Shortly thereafter, five inmates
entered Plaintiff's room with homemade knives and punched
him in the face, stabbed him, and robbed him. Id. at
¶¶ 71-72. They advised Plaintiff that they would
kill him if he reported the attack. Id. They then
instructed Gillespie to lock Plaintiff's door, which she
did. Id. Approximately six or seven hours later, he
was taken to medical. Id. at ¶ 76.
August 16, 2017, Plaintiff was conferring with his attorney
in a conference room when Major West asked if the attorney
could meet with another client who had been brought from
lock-up. Id. at ¶¶ 81-83. Plaintiff agreed
to wait in the holding cell. After receiving permission to
leave the holding cell to use the restroom, he stepped out of
the cell, when Major West grabbed him and slammed him against
the wall. Id. at ¶¶ 84-85. He alleges West
searched Plaintiff, taking off all of his clothes except for
a shirt and boxers, and seized the ...