5:24-cv-00186•HAMILTON v. JESTER et al
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1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION STANLEY L. HAMILTON, : : Plaintiff, : : v. : Case No. 5:24-cv-186-TES-CHW : Warden TEKETA JESTER, et al., : Proceedings Under 42 U.S.C. § 1983 : Before the U.S. Magistrate Judge Defendant. : : REPORT AND RECOMMENDATION Plaintiff Stanley L. Hamilton, a state inmate, filed a pro se civil rights complaint seeking relief under 42 U.S.C. § 1983 regarding his confinement at Central State Prison (CSP) in Macon, Georgia. (Doc. 5).1 Defendant Vonteria Smith now moves for summary judgment. (Doc. 17). Plaintiff has responded and opposes the motion. (Doc. 19). As discussed below, the undisputed facts show that Defendant did not violate Plaintiff’s Eighth Amendment rights. Therefore, it is RECOMMENDED that Defendant’s motion for summary judgment (Doc. 17) be GRANTED. BACKGROUND Plaintiff brought this action in June 2024 alleging constitutional violations regarding his incarceration at CSP. (Doc. 1). Following screening of Plaintiff’s recast complaint (Docs. 5, 6) under 28 U.S.C. § 1915A, the Court allowed Plaintiff to proceed on his conditions of confinement claim against multiple defendants. (Doc. 6). In his conditions of confinement claim, Plaintiff 1 Following review of Plaintiff’s initial complaint (Doc. 1), the Court ordered Plaintiff to recast his complaint. (Doc. 4). Plaintiff was also notified that the recast complaint would supersede the original. (Id., pp. 8–11). Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 1 of 10
2 alleges that Defendant Smith knew about the dangerous condition of his cell and failed to immediately remove him from that cell. (Doc. 5). Defendant Smith filed an answer which raised the defenses of failure to state a claim, sovereign immunity, qualified immunity, and failure to exhaust, among others. (Doc. 15). The parties then engaged in a period of discovery, including the deposition of Plaintiff. See (Doc. 17-2). Defendant Smith has now filed a motion for summary judgment which Plaintiff opposes. (Docs. 17, 19). SUMMARY JUDGMENT STANDARD Pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment is proper “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. C IV. P. 56(a). The party moving for summary judgment bears the burden of informing the Court of the basis for its motion, and of citing “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” that support summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 322– 24 (1986). In resolving motions for summary judgment, the Court must view the evidence in the light most favorable to the non-moving party. Tolan v. Cotton, 572 U.S. 650, 657 (2014). Although Plaintiff responded to Defendant Smith’s motion for summary judgment (Doc. 145), he did not specifically respond to Defendant Smith’s statement of material facts as required by Local Rule 56. See MDGA Local Rule 56. This failure could trigger consequences under both the Federal Rules of Civil Procedure and this Court’s Local Rules. Federal Rules of Civil Procedure 56(e)(2) provides that if a party “fails to properly address another party’s assertion of fact as required by Rule 56(c),” then the Court may “consider the fact undisputed for purposes of the motion.” F ED. R. C IV. P. 56(e)(2). This Court’s Local Rule 56 similarly provides: “All material Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 2 of 10
3 facts contained in the movant’s statement which are not specifically controverted by specific citation to particular parts of materials in the record shall be deemed to have been admitted, unless otherwise inappropriate.” MDGA Local Rule 56. Nevertheless, the Court has reviewed the record of evidence, which includes the deposition of Plaintiff, to determine whether the facts set forth in Defendant Smith’s statement are undisputed. Finally, Federal Rule of Civil Procedure 56(e)(3) provides that the Court may “grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to” summary judgment. F ED. R. C IV. P.. 56(e)(3); see also Urdanetta v. Wells Fargo Bank, N.A., 734 F. App’x 701, 704 (11th Cir. 2018). Accordingly, because Defendant Smith properly supported her factual assertions with specific citations to the record, and because Plaintiff failed to respond pursuant to Local Rule 56, Defendant Smith’s facts may be accepted by the Court as undisputed. If evidence in the record shows that a fact is disputed, the Court has drawn all justifiable inferences in Plaintiff’s favor for purposes of summary judgment. RELEVANT FACTS Plaintiff’s claim stems from his incarceration at CSP in September and October 2023. (Doc. 5, p. 6). Defendant Smith was a counselor at CSP during the relevant period. (Doc. 17-4, ¶ 3). On September 22, 2023, Plaintiff was placed in Dormitory G-1, 206-B for quarantine due to COVID-19. (Docs. 17-2, p. 2; 17-3, p. 1). Plaintiff testified in his deposition that when he was moved into the cell, there was sewage on the floor. (Doc. 17-2, p. 7). The sewage was coming from a toilet in the cell next door that would wash into Plaintiff’s cell. (Id.). This continued for the Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 3 of 10
4 entire period Plaintiff was housed in this cell.2 (Id., pp. 3, 7). The sewage water would be two to three inches deep in the back of the cell and roughly half an inch deep towards the door. (Id., p. 8). On September 28, 2023, Defendant Smith visited Plaintiff’s cell for a wellness check. (Docs. 17-4, ¶ 6; 17-5). Plaintiff testified that he complained abiut the flooding and asked Defendant Smith for a grievance form. (Doc. 17-2, pp. 5, 8–9). Defendant Smith returned with a form shortly thereafter but did not enter the cell. (Id., pp. 5, 9, 10). Plaintiff did not discuss the condition of his cell when he gave Defendant Smith the grievance form. (Id., p. 9). Defendant Smith has testified in her sworn declaration that Plaintiff did not inform her of the sewage and that she did not observe the sewage or flooding when she visited the cell. (Doc. 17-4, ¶¶ 7–8). ANALYSIS In her motion for summary judgment, Defendant Smith argues that (1) Plaintiff cannot prove a constitutional violation, and (2) Defendant Smith is entitled to qualified immunity. As discussed below, the record, construed in the light most favorable to Plaintiff, fails to establish as a genuine issue of material fact that Defendant Smith violated Plaintiff’s Eighth Amendment Rights. Further, Defendant Smith is entitled to qualified immunity. I. Conditions of Confinement The Eighth Amendment, incorporated against the States through the Fourteenth Amendment, prohibits the infliction of “cruel and unusual punishments” upon prisoners. U.S. C ONST. amend. VIII. The conditions of confinement under which a prisoner is held become “cruel 2 Plaintiff testified repeatedly that he was housed in the cell for 23 days (Doc. 17-2, pp. 3, 4). At other times during his deposition, Plaintiff testified that he moved into the cell on September 22, 2023, and moved out on October 2, 2023. (Id., pp. 2, 3, 6, 7). Defendant Smith provided Plaintiff’s movement history which lists Plaintiff as having stayed in the cell from September 22 to October 2, 2023. (Doc. 17-3, p. 1). The record is construed in the light most favorable to Plaintiff. Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 4 of 10
5 and unusual” only when (1) they “involve the wanton and unnecessary infliction of pain,” Chandler v. Crosby, 379 F.3d 1278, 1289 (11th Cir. 2004) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)); (2) the defendants were deliberately indifferent to those conditions, see LaMarca v. Turner, 995 F.2d 1526, 1535 (11th Cir. 1993) (citations omitted); and (3) the plaintiff has shown that the injury was caused by the defendants’ wrongful conduct, see Goebert v. Lee Cnty., 510 F.3d 1312, 1326–27 (11th Cir. 2007). A plaintiff establishes that prison conditions involved the wanton and unnecessary infliction of pain through “an objective showing of a deprivation or injury that is ‘sufficiently serious’ to constitute a denial of the ‘minimal civilized measure of life's necessities.’” Thomas v. Bryant, 614 F.3d 1288, 1304 (11th Cir. 2010) (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)). Only extreme conditions are sufficient to constitute an unconstitutional deprivation or injury under this standard. See Hudson v. McMillian, 503 U.S. 1, 8–9 (1992). A plaintiff can establish deliberate indifference through “a subjective showing that the official had a ‘sufficiently culpable state of mind.’” Thomas, 614 F.3d at 1304 (quoting Farmer, 511 U.S. at 834). A plaintiff must show that the defendant “was subjectively aware that the inmate was at risk of serious harm” and that the defendant “acted ‘with subjective recklessness as used in the criminal law’” in disregarding that risk. Wade v. McDade, 106 F.4th 1251, 1255 (11th Cir. 2024) (quoting Farmer, 511 U.S. at 839). Even if the risk was known, the defendant may still not be found liable, so long as he acted reasonably. Id. at 1255 (citing Farmer, 511 U.S. at 844, 837). Finally, the defendant must actually have been in a position to intervene for liability to attach. Terry v. Bailey, 376 F. App’x 894, 896 (11th Cir. 2010). Where the first two elements of a conditions of confinement claim are defined by the Eighth Amendment, the third element is governed by Section 1983, which requires “proof of an Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 5 of 10
6 affirmative causal connection between the actions taken by a particular person ‘under color of state law’ and the constitutional deprivation.” LaMarca, 995 F.2d at 1538 (citations omitted). In this case, Plaintiff has not met his burden as to each element of his conditions of confinement claim. “The Constitution does not mandate comfortable prisons, but neither does it permit inhumane ones.” Farmer, 511 U.S. at 832. Prolonged exposure to raw sewage “evokes both the health concerns emphasized in Farmer and the more general standards of dignity embodied in the Eighth Amendment.” Brooks v. Warden, 800 F.3d 1295, 1304 (11th Cir. 2015) (collecting cases) (quoting DeSpain v. Uphoff, 264 F.3d 965, 974 (10th Cir. 2001). “In evaluating whether such exposure satisfies the objective component of the conditions of confinement analysis, ‘the frequency and duration of the condition, as well as the measures employed to alleviate the condition, must be considered.’” Jones v. Ward, No. 520-cv-336-CAR-MSH, 2023 WL 4868550, at *11 (M.D. Ga. July 31, 2023) (citations omitted). The version of the facts most favorable to Plaintiff shows as follows. During a period of twenty-three days, Plaintiff was placed in a cell that was flooded with sewage. (Doc. 17-2, p. 7). Every time the inmate in the cell next door flushed, the sewage water washed into Plaintiff’s cell. (Id.). There was no drain in Plaintiff’s cell, and there was nowhere for the sewage to go except under or around the cell door. (Id.). Although Plaintiff did not have any cleaning supplies, an orderly would come by every day and mop up the water outside of the door. (Id., pp. 7, 8). The water was approximately two to three inches deep in the back of his cell and approximately half an inch deep near the door, and Plaintiff had an old mattress that he placed on the floor to walk across. (Id., p. 8). Plaintiff was able to use his own toilet during the relevant time period. (Id.). On September 28, 2023, Defendant Smith completed a quarterly wellness check and visited Plaintiff’s cell. (Docs. 17-4, ¶ 6; 17-5). During this visit, Plaintiff complained of the flooding and asked Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 6 of 10
7 Defendant Smith for a grievance form. 3 (Doc. 17-2, pp. 5, 8–9). Defendant Smith complied and returned shortly thereafter to pick up Plaintiff’s grievance. (Id.). Plaintiff had no further contact with Defendant Smith until after he was moved out of this cell. (Id., p. 9). Plaintiff does not contradict Defendant Smith’s statement in her sworn declaration that she did not have any role in Plaintiff’s cell assignment. See (Doc. 17-4, ¶ 10). As to the first element of his claim, Plaintiff arguably makes a showing that the condition of his cell was “so grave that it violates contemporary standards of decency.” Chandler, 379 F.3d at 1289; see Grimes v. Thomas, No. 2:12-CV-01909-LSC, 2014 WL 554700, at *7 (N.D. Ala. Feb. 12, 2014) (collecting cases). Plaintiff’s testimony that his cell was under half an inch to three inches of sewage water and that he had to place down an old mattress to avoid the sewage is sufficient to meet the objective prong. Plaintiff is not able to meet the remaining elements of his conditions of confinement claim against Defendant Smith, as he has not shown that she acted with deliberate indifference or was responsible for the violation of his rights. He argues that he feels Defendant Smith should have “done something more” in the grievance process. (Id.). The undisputed evidence in the record establishes that Defendant Smith had no role in Plaintiff’s housing assignment. (Doc. 17-4, ¶ 10). Plaintiff’s only contact with Defendant Smith was when he informed her of the condition of the cell and requested a grievance, to which Defendant Smith complied. (Doc. 17-2, pp. 8–9). Plaintiff has not shown that, even assuming Defendant Smith had subjective knowledge of the risk, Defendant Smith acted with “recklessness as used in the criminal law” in disregarding that risk. Wade, 106 F.4th at 1255. His testimony that Defendant Smith should have “done something more” 3 Defendant Smith provided in her sworn declaration that Plaintiff never complained of any sewage and that she did not observe any sewage. (Doc. 17-4, ¶¶ 7–8). The record is construed in the light most favorable to Plaintiff. Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 7 of 10
8 is not sufficient to show deliberate indifference, especially in light of Plaintiff’s testimony that he wanted to drop the lawsuit against Defendant Smith because he “only wanted her involved [] to get her testimony.” (Doc. 17-2, pp. 4, 7). Moreover, Plaintiff has not made any showing that Defendant Smith could have resolved the issue or had Plaintiff transferred sooner. As such, Plaintiff fails to meet both the second and third elements of his conditions of confinement claim. Because no reasonable jury could conclude on the record evidence that Defendant Smith was deliberately indifferent to unconstitutional conditions of confinement, Plaintiff has failed to show that Defendant Smith violated his Eighth Amendment rights. II. Qualified immunity When considering whether summary judgment is appropriate based on qualified immunity, the Court “[draws] all inferences and [views] all of the evidence in the light most favorable to the nonmoving party.” Jones v. Michael, 656 F. App'x 923, 925 (11th Cir. 2016) (internal quotations omitted). “The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Marbury, 936 F.3d at 1232 (internal quotations omitted). Defendant Smith “cannot obtain qualified immunity unless [s]he establishes that [s]he was acting within [her] discretionary authority.” Underwood v. City of Bessemer, 11 F.4th 1317, 1328 (11th Cir. 2021). Once action under discretionary authority has been established, “the burden shifts to the plaintiff, who must show [the defendant] is not entitled to qualified immunity.” Id. at 1328 (citation omitted). “At [this] stage, [the Court asks] two questions: (1) ‘whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right,’ and (2) if so, ‘whether the right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.’” Id. at 1328 Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 8 of 10
9 (quoting Pearson, 555 U.S. at 232). Both must be present for Plaintiff to prevail. Id. Thus, Plaintiff must show a violation of a constitutional right to survive summary judgment. Plaintiff’s allegation pertains to Defendant Smith’s actions in the course of her duties as a counselor, in which she conducted a wellness check and was given a grievance. Plaintiff does not rebut Defendant Smith’s assertion that she was acting within the scope of her discretionary authority. Therefore, the Court concludes that Defendant Smith has shown that she was acting within the scope of her discretionary authority at the relevant times and is eligible to assert qualified immunity. Because she was acting within the scope of her discretionary authority, Plaintiff must show that Defendant Smith violated his constitutional rights. As discussed above, Plaintiff has not met his burden to show that Defendant Smith violated his constitutional rights as to his conditions of confinement claim. Because Plaintiff has failed to establish a violation of a constitutional right, there is no need to examine the second prong of the qualified immunity analysis. Defendant Smith is entitled to qualified immunity as a matter of law. CONCLUSION Because the undisputed facts do not support Plaintiff’s conditions of confinement claim against Defendant Smith, it is RECOMMENDED that Defendant Smith’s motion for summary judgment (Doc. 17) be GRANTED. OBJECTIONS Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, WITHIN FOURTEEN (14) DAYS after being served with a copy thereof. Any objection is limited in length to TWENTY Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 9 of 10
10 (20) PAGES. See MDGA Local Rule 7.1. The District Judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error. The parties are further notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge’s findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.” SO RECOMMENDED, this 28th day of October, 2025. s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge Case 5:24-cv-00186-TES-CHW Document 21 Filed 10/28/25 Page 10 of 10
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