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Sparks v. FNU Beaird

United States District Court, Tenth Circuit

May 26, 2013

MOSES SPARKS, Plaintiff,
v.
FNU BEAIRD, Defendant.

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

Gregory B. Wormuth, United States District Judge

This matter comes before me on Defendant’s Motion for Summary Judgment, doc. 12. I find that Plaintiff has failed to exhaust administrative remedies as required by the Prison Litigation Reform Act and therefore recommend granting Defendant’s motion and dismissing the case with prejudice.

I. Background

Plaintiff Moses Sparks is an inmate at the Lea County Correctional Facility (LCCF) proceeding pro se in this action. When Plaintiff arrived at LCCF on May 23, 2012, he was placed in the orientation pod. Doc. 1 at 3; Doc. 12 at 3. Plaintiff was interviewed by Defendant Security Warden Beaird to determine where he would be housed. Id. During the interview, Plaintiff, who is black, claims that he told Defendant that he did not want to be placed in housing unit 1E because he thought it would be unsafe, given his race. Id. at 3-4. Plaintiff was ultimately placed in unit 1E. Doc. 12 at 3.

On June 23, 2012, another black inmate in unit 1E named Jackson got into a fight with a Hispanic inmate, Adrian Camacho. Doc. 1 at 4 & Ex. 2. When it appeared that Camacho was losing the fight, seven other Hispanic inmates began attacking Jackson with shanks. Id. at 5 & Ex. 2. Plaintiff and two other black inmates then joined the altercation in order to assist Jackson. Id. Jackson suffered from 15-17 puncture wounds and a punctured right lung. Id. Another black inmate, Terry Wilson, had one puncture wound and a punctured large intestine. Id. Plaintiff suffered a wound to his back.[1] Id.

Jackson, Wilson, and Camacho were sent offsite for medical treatment. Id., ex. 2. Plaintiff alleges that he was locked in a cell for two hours before correctional officers came to take photos of his injuries. Id. at 5. He claims to have waited an additional 90 minutes after the photos were taken before receiving medical treatment. Id. Plaintiff alleges that the nurse who treated him was unable to close the wound because of the delay. Id.

On October 1, 2012, Plaintiff filed his complaint, alleging three causes of action under 42 U.S.C. § 1983 for violations of the Eighth Amendment. Doc. 1. He brought claims against (1) the Geo Group, Inc., the corporation that runs LCCF, for failure to train its staff; (2) Defendant Beaird for placing Plaintiff in unit 1E knowing that he would likely be attacked by Hispanic inmates; and (3) Warden J. Janecka for failing to adequately train LCCF staff. Id. at 7-8. The Court dismissed the claims against the Geo Group, Inc. and Warden Janecka for failure to state a claim. Doc. 8 at 3. It also dismissed Plaintiff’s claims against Defendant Beaird in his official capacity, leaving only Plaintiff’s claim against Defendant Beaird in his individual capacity. Id. at 2-3.

On April 3, 2013, Defendant filed the instant motion for summary judgment, arguing that Plaintiff has failed to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. Doc. 12. As of ...


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