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Scott v. Dawson

United States District Court, E.D. Missouri, Northern Division

March 20, 2017

ADAM SCOTT, by and through his legal Guardian and Next Friend Donna Taylor, Plaintiff,
v.
ROBERT DAWSON, et al., Defendants,

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE.

         This matter is before the court on the remaining Defendants' Motion for Summary Judgment. [Doc. No. 126]. Plaintiff opposes the Motion. For the reasons that follow, the Motion is granted.

         BACKGROUND

         Plaintiff filed his Complaint on April 11, 2012. After initial review, and several motions, Plaintiff's remaining claims are against Defendants Dawson, Moore and Shively in their individual and official capacities. Plaintiff alleges pursuant to 42 U.S.C. § 1983 that Defendants were deliberately indifferent to a risk of sexual assault and failed to train jailers to prevent assaults at the Macon County Jail.

         RELEVANT UNDISPUTED FACTS

         Adam Scott (hereinafter “Scott”) became incarcerated at the Adair County jail in June 2008. Scott was held at the Adair County Jail until November 23, 2009, when he was transferred to the Macon County Jail. At the time of the incident involving Nathanial Flennory, Scott was being held in jail on charges of forcible rape. While Scott was housed at the Adair County Jail from June 2008 until November 2009, Adair County employees did not tell him the nature of the charges filed against any of his cellmates. While Scott was housed at the Randolph County jail, jailers and staff at Randolph County never informed him what any of the other inmates' charges were.

         Scott was first held at the Macon County Jail from November 23, 2009, to November 25, 2009. On November 25, 2009, Scott was transferred from the Macon County Jail to the Randolph County Jail. Scott was transferred from the Randolph County Jail to the Macon County Jail on January 28, 2010, where he remained until May 31, 2010.

         Scott never spoke with Sheriff Dawson while he was lodged at the Macon County Jail. Scott never saw Sheriff Dawson while he was at the Macon County Jail.

         Shortly after returning to the Macon County in January 2010, Scott asked to be held in isolation because other inmates were being loud and obnoxious. The officers complied with his request and placed him in isolation for a couple of days.

         While Scott was at the Macon County jail he slept all morning, all night, and basically all day.

         After the incident with Flennory, Scott told Moore where he had been bit and that it bled a little bit, that he did not want to get an infection, so he asked David Moore for triple antibiotic ointment. Scott did not ask anyone at the Macon County jail to see a doctor after the incident involving Flennory.

         The morning after the incident with Flennory, to-wit May 31, 2010, Scott was transferred back to the Adair County Jail. When Scott was back at Adair County, Adair County did not allow him to see a medical professional or provide him with any antibiotic ointment for his penis as a result of the incident with Flennory.

         As a result of the incident with Flennory, Scott has a scar on his penis that is about the size of a pencil eraser. Scott did not get an infection as a result of the incident with Flennory and no further medical treatment was required. (Exhibit “A”, Pg. 114, L:20-23). He did not require any emergency medical treatment while he was at Macon County.

         When Scott was at the Macon County Jail from November 23, 2009, until November 25, 2009, he did not encounter Flennory.

         Prior to being at the Macon County Jail in January 2010, Scott did not know Flennory. He did not know the reason why Flennory was incarcerated.

         When Scott arrived at the Macon County Jail in January 2010, he was initially placed in general population but he was not placed in the same pod as Flennory. After being at the Macon County Jail for a short while, Scott, at his request, was placed in isolation for a couple of days and upon his release he was placed in a pod with his cousin, Stephen Munn, and two other gentlemen.

         During the time that Scott was in a pod with Stephen Munn, Nathaniel Flennory was in a pod on the other side of the wall of the pod where Scott was housed. During the time that Flennory was on the other side of the wall, Scott and Flennory would talk through the walls. During that time, Flennory did not make any threats to Scott. Flennory did not threaten Scott in any manner and Flennory did not make any threats of physical violence or sexual assault to Scott.

         At some point, Scott was moved into the same pod as Flennory. Prior to moving into the same pod with Flennory, Moore asked Scott if he wanted to move into the same pod as Flennory and Scott said “yes.” Flennory and Scott had been housed in the same pod for a week or less at the time the incident occurred.

         At some point during the time that Flennory and Scott were housed in the same pod, Flennory told Scott that he had hit another inmate in the eye and the other inmate was taken to the hospital for stiches. Flennory told Scott that the jailers were told that the injury to the other inmate was caused when the other inmate fell and hit his eye on the toilet bowl. None of the jailers were aware that Flennory hit another individual. Scott never told Moore, Shively, or any of the jailers that Flennory had hit another individual.

         Up until the time that Scott moved into Flennory's pod, he and Flennory were cordial and nice to each other. (Exhibit “A”, Pg. 129, L:8-14). They were getting along. Scott and Flennory would occasionally play cards together. Flennory would occasionally sit in Scott's cell and talk with him. The night before Flennory bit Scott's penis, Flennory got ahold of a bat and put the bat in Scott's face and told Scott that if Scott did not touch his chest he would let the bat bite Scott. The incident with the bat occurred between 6:00 p.m. on May 29, 2010 and 6:00 a.m. on May 30, 2010.

         Scott claims that at the time that Flennory had the bat, Shively was coming through the jail and took the bat from Flennory. Scott claims that after Shively took the bat from Flennory, Flennory went to bed. Plaintiff does not know if Shively heard anything that Flennory said during the incident with the bat. He did not believe that during the incident with the bat that Flennory was attempting to get Scott to touch his chest in a sexual manner. Scott testified that he was not scared of Flennory due to the incident with the bat. He thought that Flennory was playing around, acting childish and being a prankster during the event with the bat. Based upon Scott's experience, sometimes people in jail pull pranks and mess around with each other. After the incident with the bat, Plaintiff testified that he and Flennory continued to act in a friendly manner. Scott did not request to be moved away from Flennory after the incident with the bat. .

         Up until the incident with the bat, Flennory had never asked Scott for any sexual favors. Up until the incident with the bat, Flennory had never asked Scott to touch him inappropriately. Up until the incident with the bat, Scott was not scared of Flennory in any manner.

         The morning of May 30, 2010, Flennory was in Scott's cell and Flennory showed Scott his penis and said he wished it was bigger. Scott thought that when Flennory showed his penis and made the statement, that he was just being “ignorant.” Flennory only had his penis out for a second. The whole incident where Flennory showed Scott his penis lasted for 30 seconds. When Flennory showed Scott his penis, Scott told Flennory that he was nasty and he did not want to see it. During the incident where Flennory showed Scott his penis, Flennory did not move toward Scott. The incident where Flennory showed Scott his penis occurred after breakfast but before lunch. When Flennory showed Scott his penis, Scott thought he was just playing around. Scott did not tell any officers or employees of the Macon County Jail that Flennory had showed him his penis. Scott did not think much of Flennory showing his penis and he thought that Flennory was playing around.

         Later on May 30, 2010, Scott and Flennory were playing cards. Scott was sitting on the toilet seat in the cell and Flennory was sitting on Scott's bunk and Flennory leaned over and put his finger down the crack of Scott's buttocks. Flennory stuck his index finger in Scott's butt crack. While Flennory stuck his finger in Scott's butt crack, Flennory laughed for approximately 20 seconds. Flennory did not make any sexual comments to Scott when he stuck his finger in Scott's butt crack. When Flennory stuck his finger in Scott's butt crack, Scott grabbed Flennory's hand and pushed it away and told Flennory he was done playing cards. At that point, Flennory went back to his cell.

         Scott had taken his night medication right before he and Flennory played cards. Scott and Flennory then played cards for 20 minutes before the incident with the finger happened. Then Flennory left and Scott went to bed. .

         Scott testified that he did not have any idea if an officer came by between the time that Flennory touched his butt crack and the time he woke up the evening of May 30, 2010. Scott did not yell out for help after the finger incident.

         After the finger incident, Scott later woke up with Flennory on top of him and Flennory was biting his penis. When Scott woke up, Flennory had Scott's penis in his mouth. He shoved Flennory off of him. When Scott pushed Flennory off of him, Flennory bit Scott's penis.

         At the same time that Scott pushed Flennory off, Shively popped the lock on the downstairs door and Flennory ran to his cell. When Shively walked through, Scott reported the incident to Shively and Shively took Scott to a pod by himself.

         Exhibit “H” represents the mark that was left by Flennory on Scott's penis.

         Scott noted that the bite bled and there was blood on the front of his pants. Scott's pants would have been orange and the blood spot was not larger than the end of a BIC pen cap. Scott told David Moore that he had bled and showed him the blood spot on his pants. When he saw Moore on May 31, 2010, the bite mark on his penis was no longer bleeding.

         The incident with Flennory lasted 60 seconds tops from the time Scott woke up, Flennory got off of him and Shively popped the key downstairs. As soon as Scott told Shively he needed to talk to him, Shively pulled him out of the cell and spoke with him in private about what occurred. Once Scott told Shively what occurred, Shively immediately removed Scott from the cell. At the time that Shively showed up, there was no visible blood on Scott's pants. Shively asked Scott if he wanted to file a report. The officer who took the report wrote out Scott's statement and Scott signed it.

         When Scott was transferred back to Adair County, he requested antibiotic ointment but was not provided with any.

         Scott testified that he was aware during his time in jail that if he had any concerns he could discuss those with the jail staff.

         Flennory was being held in the Macon County Jail on forcible rape charges. .

         Scott has been diagnosed as a compulsive liar.

         Scott has given several versions of the events of May 30, 2010 and May 31, 2010. Scott previously stated, under oath, that he was provided with his medication on May 30, 2010 around 11:00 p.m.

         Scott testified during his deposition that the incident where Flennory bit his penis occurred between 8:30 p.m. and 9:00 p.m.

         After the incident involving Flennory, Adam Scott gave an oral statement to Deputy Tyler Souther. Scott signed the statement that was written out by Deputy Tyler Souther. In his statement to Souther, Scott stated that on May 30, 2010, after dinner, he was in his cell and Flennory came into his cell. When Flennory came into his cell, Flennory said he was “dizzy” and Flennory fell over and his head landed between Scott's legs. Scott noted that when Flennory fell over, Flennory “nibbled” on his crotch through his clothes with his mouth. After Flennory nibbled on Scott's penis, Flennory left Scott's cell. In his statement to Deputy Souther, Scott noted that Flennory then came back to his cell a while later and laid down on his bed. In his statement to Deputy Souther, Scott noted that while Flennory was lying on his bed, Flennory put his fingers down the crack of his buttocks. In his statement to Deputy Souther, Scott noted that when ...


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