United States District Court, D. Idaho
ANDREW J.J. WOLF, R. HANS KRUGER, and DAVID S. BEGLEY, Plaintiffs,
C.L. “BUTCH” OTTER; LAWRENCE WASDEN; IDAHO STATE BOARD OF CORRECTIONS; ROBIN SANDY, J.R. VAN TASSEL; JAY NEILSON; IDAHO COMMISSION OF PARDONS AND PAROLE; OLIVIA CRAVEN; BILL YOUNG; MARK FUNAIOLE; JANE DRESSEN; NORMAN LANGERAK; MIKE MATTHEWS; BRENT REINKE; CORRECTIONS CORPORATION OF AMERICA, INC.; TIM WENGLER; CORRISON INC., each sued in their individual and official capacities and their successors in office, Defendants.
MEMORANDUM DECISION AND ORDER
Lynn Winmill Chief Judge United States District Court
the Court is Defendant Henry Atencio's Second Motion for
Summary Judgment (Dkt. 179) and various related motions.
(Defendant Atencio, as the current director of IDOC, is
substituted for former director defendants Kevin Kempf and
Brent Reinke. See Fed. R. Civ. P. 25(d)). For the
reasons explained below, the Court will grant Atencio's
prisoners in the custody of the Idaho Department of
Correction (IDOC), are proceeding pro se in this civil rights
action. Plaintiffs claim that defendants violated the Eighth
Amendment in several ways, all stemming from prison
overcrowding. The following three claims remain:
Claim. In the twelfth claim for relief, Plaintiff Andrew
Wolf alleges that Defendant Atencio failed to provide
adequate dayroom space in the West Wing Living Units of the
Idaho State Correctional Center (ISCC, formerly known as
ICC). See Compl., Dkt. 7, ¶ 338.
Claim. In the twentieth claim, Wolf alleges that prison
officials failed to adequately staff ISCC, which resulted in
Wolf's failure to receive enough time outside his prison
cell. See Id. ¶ 349.
Claim. In the twenty-fourth claim, Plaintiff Hans Kruger
alleges that the prison failed to protect him from attacks by
seek injunctive relief only on these claims.
did not file a substantive response to Atencio's second
motion for summary judgment. Likewise, they did not submit a
statement of disputed facts. Accordingly, in resolving this
motion, the Court relies on Atencio's fact statement and
supporting evidentiary materials submitted with this motion,
as well as the materials plaintiffs submitted in the first
round of summary-judgment proceedings. See e.g.,
Defendant's Separate Statement of Undisputed Facts
(“SOF”), Dkt. 179-2;
Plaintiff's Statement of Disputed
Facts, Dkt. 137-2. The relevant facts are briefly
Facts Relevant to Plaintiff Kruger's Claim
1993, Plaintiff Hans Kruger was sentenced to 30 years in
prison, through March 2023. During 23 years of incarceration,
Kruger was assaulted by other inmates on two occasions, once
in 1994 when he was incarcerated at a different prison (Idaho
Correctional Institution - Orofino), and a second time in
2003, when he was incarcerated at ISCI. Kruger did not report
either incident or seek medical treatment.
observed other inmates fighting on two occasions in December
2010. IDOC responded each time, stopped the fighting, and
removed the inmates. Kruger did not file a concern form or
ask for protective custody. SOF ¶¶ 8-9.
summer of 2012, while he was in his cell, Kruger saw one
inmate attack another. IDOC removed the victim, offered him
medical care and protective custody, and transferred him to a
different unit. IDOC also disciplined the attacker.
Id. ¶ 11-13.
also testified that in late August 2012, the A Tier of Unit
15 was locked down after members of the Aryan Knights gang
demanded that sex offenders pay “rent” (ramen
noodles from the commissary) to stay on the tier. ISCI
investigated the matter and found that the Aryan Knights had
coerced one sex offender to attack another for refusing to
pay rent. Both inmates were taken to administrative
segregation and protective custody was offered to the victim
as well as to two other inmates who complained the Aryan
Knights were demanding rent from then. Id. ¶
same day, Kruger submitted a concern form to Warren Blades.
He submitted two more concern forms on September 8, 2012.
Warden Blades responded to each concern form, and on
September 17, 2012, Kruger was transferred to a different
unit and tier. Id. ¶ 16-18.
afterward, Kruger sued. See Oct. 15, 2012 Compl.,
Dkt. 7. During his deposition, Kruger testified regarding
events occurring during the pendency of this lawsuit,
including a November 2014 attack and a May 2016 fight between
inmates. Kruger submitted various grievances and concern
forms during the past four years, including September and
October 2015 concern forms, wherein he complained of an
influx of “young aggressive thugs” and
“known active gang members from differing/opposing
gangs.” SOF ¶ 21; see also Id. ¶ 22,
¶ 28. Kruger said he was purposely vague in some these
forms. He did identify four inmates as aggressors in a later
concern form, but these inmates did not threaten him and he
was not afraid of them. Id. ¶¶ 23-27.
These four inmates are no longer housed at ISCI. Id.
summer 2016 deposition, Kruger testified that he had not been
threatened by other inmates in the past year, and that he was
in fairly good standing with the other inmates. He did say,
however, that in early June 2016 an inmate in Unit 14 told
Kruger that the skinheads were “gunning” for him.
Id. ¶ 33-34.
Facts Relevant to Plaintiff Wolf's Claims
Wolf has been housed at both ICC (now ISCC) and ISCI during
the past decade. He was housed at ICC from April 2008 through
April 2011, when he was transferred to ISCI. Then, after
being transferred to other prison facilities, Wolf returned
to ICC where he remained until October 2013, when he was
again transferred to ISCI. Wolf remains at ISCI as of this
ISCC Warden has submitted an affidavit demonstrating that
ISCC inmates have multiple opportunities throughout the day
to be outside their cells. See Blades Aff.,
¶¶ 1-21; Ex. A thereto. Specifically, in the
morning, afternoon, and evenings, inmates may leave their
cells. They have opportunities to work, attend school, use
the library and the Legal Resources Center, or the gym.
Inmates may also stay inside and watch ...