Joshua P. Braithwaite v. Ben Tierney, Wyatt Weadge, Matthew Mutiva, Jacob Strong and Chad Winger

Summary

The United States District Court for the Western District of Wisconsin grants in part and denies in part defendants’ motion for summary judgment in a prisoner’s claims concerning alleged failures to prevent self-harm. The court grants summary judgment on the Eighth Amendment claim against Ben Tierney arising from the January 16, 2021 incident and on all claims against Matthew Mutiva and Chad Winger. The court denies the motion in other respects, allowing the Wisconsin negligence claim against Tierney from the January 16 incident and claims concerning the January 21 incident to proceed.

Holdings

1. An isolated statement that an inmate is going to kill himself, without identifying a means of self-harm, stating that the plans are imminent, or providing other evidence making the threat credible, is insufficient on this record to establish that prison staff knew of a strong likelihood that the inmate would seriously harm himself.
2. Summary judgment is proper on Braithwaite's Eighth Amendment and Wisconsin common-law claims against Mutiva and Winger where the record contains no evidence that either defendant observed Braithwaite cutting himself or was otherwise involved in the January 21 incident, and the plaintiff was not permitted to proceed on claims based solely on refusal to place him on observation status.
3. The January 16 Wisconsin common-law negligence claim against Tierney was not resolved on summary judgment because defendants made no argument addressing that claim; it therefore proceeds to trial.

Questions Presented

1. Whether summary judgment should be granted on Braithwaite's Eighth Amendment claim against Tierney arising from the January 16 incident.
2. Whether summary judgment should be granted on Braithwaite's Eighth Amendment and Wisconsin common-law claims against Mutiva and Winger.
3. Whether Braithwaite's Wisconsin common-law negligence claim against Tierney arising from the January 16 incident should proceed despite summary judgment on the Eighth Amendment claim.
4. Whether Braithwaite's claims against Weadge, Strong, and Tierney arising from the January 21 incident should proceed.

Disposition

other