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BAKER v. LEHMAN

June 28, 1996

WILLIE BAKER, Plaintiff
v.
JOSEPH D. LEHMAN, et al., Defendants



The opinion of the court was delivered by: BRODY

 BRODY, J.

 June 28, 1996

 The plaintiff, Willie Baker, a prisoner in the State Correctional Institution at Graterford (hereafter "Graterford"), originally brought this suit pursuant to 42 U.S.C. § 1983, pro se, against six defendants: Joseph D. Lehman, Commissioner of Corrections for the Commonwealth of Pennsylvania; Donald T. Vaughn, Superintendent of Graterford; William Winder, Deputy Superintendent for Facility Management at Graterford; Thomas Stachelek, Deputy Superintendent of Treatment at Graterford; Joseph Stever, Director of Correctional Industries for the Commonwealth of Pennsylvania; and Marvin Cunningham, Manager of Correctional Industries at Graterford. Baker alleged these defendants were deliberately indifferent to his Eighth Amendment right to personal safety by failing to protect him from an attack by another inmate. I granted the plaintiff's motion for appointment of counsel, discovery proceeded, and the defendants filed a motion for summary judgment. Soon thereafter, the plaintiff filed a motion to join three additional defendants: Vincent McFadden, Supervisor of the Correctional Industries Clothing Shop at Graterford; Lt. Ismael Soler, an Internal Security Corrections Officer at Graterford; and Francis J. Feild, a Corrections Counselor at Graterford. This memorandum addresses the motion for summary judgment of the six original defendants, and when I use the term "defendants" in this memorandum, it refers only to those six. I will grant the motion as to the original defendants only, since neither side has had the opportunity to argue the motion as to the three new defendants.

 BACKGROUND

 On June 18, 1992, Willie Baker was attacked by another Graterford inmate, Anthony Jones, in the prison clothing shop, where they both worked. Jones used a pair of scissors ten or twelve inches long, an instrument that was provided to almost every inmate who worked in the shop. (Baker deposition transcript (hereafter "Baker dep.") at 98; McFadden dep. at 120-21.) With them, he stabbed Baker multiple times in the chest. (Plaintiff's memorandum in opposition (hereafter "P's memo), Exh. A.) Baker's injuries were extremely severe. He was rushed to the hospital, where he remained unconscious for some twenty or twenty-two days. (Baker dep. at 82.)

 The defendants seek summary judgment on the grounds that there are no disputed issues of material fact and that their actions do not qualify as deliberate indifference. In opposing the defendants' motion, the plaintiff claims there are disputed issues of material fact as to the defendants' deliberate indifference. I will recount here the plaintiff's version of the facts, with some additional uncontested facts that the defendants cite. *fn1"

 Willie Baker told Vincent McFadden, not more than a week before the incident, that Glen Hudson, another inmate, was Anthony Jones' "wife." (McFadden dep. at 73-74.) McFadden was the supervisor of the prison clothing shop, where all three inmates worked. He stated that at that time, "Willie was a husband, he was taking care of Glenn." (Id. at 74.) While McFadden had stated earlier that he did not know of any motive for the stabbing, he later testified as follows:

 
A. Well, I figured there was going to be trouble because of the switch.
 
Q. I don't understand, the switch?
 
A. Tony Jones taking over with Glenn where Willie was, I just figured this isn't going to work with these three guys in here, I'm going to have trouble.

 (Id. at 110)

 Francis J. Feild, the Corrections Counselor for the plaintiff, testified that, although Willie Baker had never admitted to him that he was a homosexual, Feild had formed an opinion that Willie Baker was involved in a love triangle. He stated that he had shared his opinion with other staff members. (Feild dep. at 29-31.)

 Some 20 months before the stabbing incident, Glenn Hudson had complained of Willie Baker's advances. Hudson's corrections ...


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