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Feldmeier v. P. Hauser

United States District Court, D. Arizona

December 16, 2014

Ronald M. Feldmeier, Plaintiff,
v.
P. Hauser, et al. Defendants.

ORDER

DAVID G. CAMPBELL, District Judge.

Plaintiff Ronald M. Feldmeier brought this pro se civil rights action under 42 U.S.C. § 1983 against P. Hauser and R. Williams, officers at the La Palma Correctional Center (LPCC) in Eloy, Arizona (Doc. 1).[1] Before the Court is Defendants' Motion for Summary Judgment, which argues that Feldmeier failed to exhaust administrative remedies (Doc. 22). The Court will grant the motion and terminate the action.

I. Background

Feldmeier alleged that Defendants violated his Eighth Amendment rights when they failed to protect him from an assault by his cell mate (Doc. 1). In his Complaint, Feldmeier set forth the following factual allegations:

In July 2011, Feldmeier was assigned a new cell mate, Wilson, who exhibited anger and hostility and threatened Feldmeier. Wilson was twice Feldmeier's strength and half his age. Feldmeier spoke to Hauser and requested that either he or Wilson be moved. In response, Hauser advised Feldmeier to let him know if the problem worsened.

Wilson's intimidation and threats continued and, in September 2011, he threatened to kill Feldmeier. When Feldmeier told Hauser of the threat, Hauser responded that he was too busy and sent Feldmeier away. Feldmeier then met with Williams, who instructed Feldmeier to put his complaint in writing, and, on September 22, 2011, Feldmeier gave his written complaint to Hauser for delivery to Williams.

During the next two days, Wilson's behavior worsened, and Feldmeier told Hauser and inquired about a response to his complaint and a cell change. Hauser told Feldmeier that there was no response and no cell change would occur that day.

On September 26, 2011, Feldmeier told Hauser he was afraid and that Wilson's threats were escalating, and he again requested a new cell for either him or Wilson. Feldmeier saw his written complaint on Hauser's desk; Feldmeier informed him that Williams had tasked Hauser with handling the problem. Hauser stated that he would look into the request for a new cell, but that no cells were available. Feldmeier then asked to switch cells with any other inmate, to which Hauser did not respond.

On two more occasions, Feldmeier attempted to speak with Hauser about the issue, but Hauser refused to speak to him because he said he was too busy.

On October 5, 2011, Wilson attacked Feldmeier when Feldmeier was lying on his bed. The attack lasted between 10 and 20 minutes. During the beating, Feldmeier tried to summon help via the in-cell emergency call box, but there was no response. Feldmeier was beaten until he was unconscious. He suffered a concussion, fractured eye orbit/cheekbone, fractured nasal bones and septal cartilage, deformation of the nose and eye orbit, lacerations, contusions, abrasions, hearing loss, headaches/sinus pains, vertigo, sleep loss, memory problems, rib fractures, dorsal/lumbar spinal subluxations, and right wrist and forearm tissue and muscle damage.

Feldmeier sued for compensatory and punitive damages and unspecified declaratory relief.

On June 13, 2014, Defendants filed their Motion for Summary Judgment, arguing the Feldmeier failed to exhaust administrative remedies as required under the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a) (Doc. 22).[2]

II. Summary Judgment Standard

A court must grant summary judgment "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). The movant bears the initial responsibility of presenting the basis for its motion and identifying those portions of the record, together with affidavits, ...


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