SEARCH

Booker v. Sefman

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

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.

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

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›