Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Booker v. Sefman

Inmate's Eighth Amendment Failure to Protect Claims Dismissed; Evidence Insufficient

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Diquan Booker (“Plaintiff”) commenced this action against Sergeant Sefman (“Defendant”) asserting an Eighth Amendment claim for failure to protect him from (1) other inmates and (2) a COVID-19 infection. (Amended Complaint, ECF No. 30.) Presently before the Court is Defendant’s motion for summary judgment on both of Plaintiff’s claims (“Motion”, ECF No. 73). For the following reasons, the Court GRANTS the Motion in full. BACKGROUND I. Factual Background The parties have submitted briefs, statements of material facts pursuant to Local Civil Rule 56.1, and the record and exhibits from discovery in the instant proceeding, which reflect the following factual background. Plaintiff was incarcerated at Wallkill Correctional Facility beginning on October 7, 2021. (Defendant’s Local Rule 56.1 Statement of Undisputed Material Facts (“Def’s 56.1) 1.) While at Wallkill, Plaintiff claims that he was threatened by Bloods-affiliated inmates following a dispute regarding an iPhone charger dispute. (Id. 3.) On December 9, 2021, Plaintiff was transferred to Woodbourne Correctional Facility (“Woodbourne”). (Id. 2.) At the time of his admission to Woodbourne, Plaintiff allegedly requested protective custody from Defendant because there were “a lot of Bloods all over prison.” (Id. 4.) Despite his request, Plaintiff was placed into general population upon admission. (Id. 5.) On December 27, 2021, while Plaintiff was brushing his teeth in a Woodbourne bathroom, Plaintiff heard two unknown inmates in a bathroom stall “talking in code” about “stacking nines” and “triple five on [him].” (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
Lecturer in Legal Skills and Values

Florida International University College of Law, South Florida s public law school, invites applicants for a contract position in Legal Skil...


Apply Now ›
Legal Practice Assistant

LEGAL PRACTICE ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a Legal Practice...


Apply Now ›
Workers Compensation

Maggs, McDermott & DiCicco is seeking an associate with approximately 5 years of worker s compensation experience who is committed to ex...


Apply Now ›
Go to Lawjobs