Jermaine R. Revere v. Donnie Bussy
658 F. App'x 1002
| 11th Cir. | 2016Background
- Plaintiff Jermaine Revere, a convicted inmate and alleged Gangster Disciples (GD) leader, was transferred to Ware State Prison (WSP) on June 7, 2012 and assigned to H-1, a unit largely inhabited by Hispanic inmates after prior GD–Hispanic clashes in late May.
- Revere repeatedly told prison staff (Warden J. Derrel Hart, Lt. Jerry T. Waters, Sgts. Donnie Bussey and Larry R. Perry) that he feared being housed among Hispanics and requested reassignment; staff generally directed him to classification or to negotiate a truce.
- WSP had recent documented inmate-on-inmate violence: May 29–30 incidents in Building G involving stabbings and recovered weapons; Hart had received incident reports summarizing those events.
- On June 26, 2012, a multi-inmate assault occurred in H-1; Revere intervened to assist another GD, was attacked, and sustained severe injuries (including loss of fingertip tissue).
- Revere sued under 42 U.S.C. § 1983 alleging Eighth Amendment deliberate indifference by the four officials for housing him in danger; the district court granted summary judgment for defendants, and Revere appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prison officials were deliberately indifferent to a substantial risk of serious harm in violation of the Eighth Amendment | Revere contends he warned each official of a known threat (GD–Hispanic conflict) and they failed to protect or reassign him | Officials argue there is no evidence any defendant knew of a specific, imminent threat to Revere or consciously disregarded such a risk; they instructed him to seek classification or negotiate a truce | Affirmed for defendants: summary judgment for all four—no deliberate indifference shown |
| Whether statements to individual officers (Bussey, Waters, Perry) were enough to put them on notice and create liability | Revere says he complained directly to Bussey and Waters and briefly encountered Perry | Officers responded (e.g., Waters promised to attempt reassignment); encounters were insufficient to show the officers drew the inference of substantial risk | Held: plaintiff’s limited complaints did not establish each officer’s subjective awareness and deliberate indifference |
| Whether Warden Hart had sufficient notice and culpable state of mind to be liable | Revere says Hart knew of GD status and inter-group violence and told him to seek a truce rather than move him | Hart had received incident reports about May assaults and reasonably asked Revere to broker a truce or use classification; no intervening facts showed imminent danger before June 26 | Held: Hart’s responses were not deliberately indifferent as a matter of law |
| Whether Revere’s own conduct (leaving cell to assist) affects liability analysis | Revere argues staff still had duty to protect him despite his intervention | Defendants note Revere voluntarily engaged in the fight and no evidence staff caused or ignored the specific attack | Held: court noted Revere’s involvement weakens argument that staff should be held liable for injuries he sustained while intervening |
Key Cases Cited
- Hudson v. Palmer, 468 U.S. 517 (prison officials must take reasonable measures to guarantee inmate safety)
- Farmer v. Brennan, 511 U.S. 825 (Eighth Amendment deliberate indifference standard requires subjective awareness of substantial risk)
- Mann v. Taser Int'l, Inc., 588 F.3d 1291 (11th Cir.) (summary judgment reviewed de novo; draw inferences for nonmoving party)
- Robinson v. California, 370 U.S. 660 (Eighth Amendment applies to the States)