2018 Supreme(US)(ca7) 1017
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Flaum
Dylan Sinn – Appellant
Versus
Bruce Lemmon – Respondent
In the
United States Court of Appeals For the Seventh Circuit ____________________ No. 18‐1724 DYLAN SINN, Plaintiff‐Appellant, v. BRUCE LEMMON, Commissioner, et al., Defendants‐Appellees. ____________________
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:15‐cv‐01394 — William T. Lawrence, Judge. ____________________
ARGUED DECEMBER 5, 2018 — DECIDED DECEMBER 14, 2018 ____________________
Before FLAUM, ROVNER, and SCUDDER, Circuit Judges. FLAUM, Circuit Judge. Plaintiff‐appellant Dylan Sinn was incarcerated within the Indiana Department of Corrections (“IDOC”) from June 2011 to February 2015. In 2014, while an inmate at Putnamville Correctional Facility (“Putnamville”), he suffered injuries from two separate assaults by other in‐ mates. Sinn filed this lawsuit pursuant to 42 U.S.C. § 1983 against defendants‐appellees, various prison officials, alleg‐ 2 No. 18‐1724 ing deliberate indifference in violation of the Eighth Amend‐ ment. Sinn appeals the district court’s decision to grant judg‐ ment on the pleadings as to Putnamville Sergeant Scott Rodg‐ ers1 and Putnamville Correctional Officer Paul Hoskins, as well as the district court’s decision to grant summary judg‐ ment as to John Brush, former Putnamville Unit Manager, Stanley Knight, former Putnamville Superintendent, and Bruce Lemmon, former IDOC Commissioner. We affirm the judgments of the district court in all respects except one: we reverse and remand the district court’s grant of summary judgment as to Brush. I. Background A. Factual Background2 Sinn suffered two attacks by fellow inmates during his in‐ carceration at Putnamville. The IDOC had transferred Sinn to the facility in 2014 after his good behavior made him eligible for a lower security level. His initial placement was an open dorm in 17 South. After moving through several other dorms, Sinn moved to 11 South in April 2014. While imprisoned at these various dorms, Sinn witnessed daily fights between other inmates, and he noticed that guards were rarely present when fights began. The record shows that Putnamville struggled to deal with overcrowding
1 The district court and the parties have inconsistently spelled this defend‐ ant’s last name as either “Rogers” or “Rodgers.” According to one of de‐ fendants’ filings below, “Rodgers” is the correct spelling, and we therefore use this version. 2 These facts are undisputed unless otherwise noted. No. 18‐1724 3 of inmates and understaffing of guards. The facility was de‐ signed for 1,650 inmates, but it had a recorded average daily population of 2,490 state prisoners in 2013. Putnamville was also unable to fill correctional officer vacancies in a timely manner; in April 2014, there were 27 vacancies at the facility out of 350 positions. Additionally, at his deposition, Sinn said he rarely saw more than one guard at any of the dorms, except maybe once or twice a week. Sinn felt affected by gang activity as soon as he arrived at Putnamville, but he did not report any threats until his April 2014 assaults. Sinn acknowledges that he received infor‐ mation from the IDOC encouraging inmates to report illegal activity, including “security threat groups” (i.e. gangs). The first attack on Sinn occurred on April 24, 2014, a