Washington v. Duval ( 1996 )

USCA1 Opinion

        September 26, 1996      [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 95-2312





                                  JEROME WASHINGTON,



                                Plaintiff, Appellant,



                                          v.



                            RONALD DUVAL, SUPERINTENDENT,

                                 MCI-WALPOLE, ET AL.,



                                Defendants, Appellees.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. Joseph L. Tauro, U.S. District Judge]
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                                        Before



                                Selya, Cyr and Boudin,

                                   Circuit Judges.
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            Jerome Washington on brief pro se.
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            Vincent L. DiCianni  and Ferriter, Scobbo, Sikora, Singal,  Caruso
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        & Rodophele, P.C., on brief for appellees.
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                      Per  Curiam.   Jerome  Washington appeals  from the
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            district court's  grant  of summary  judgment in  defendants'



            favor  on   his  claim  that   defendants  were  deliberately



            indifferent to  his medical needs and safety  in violation of



            the  Eighth Amendment  to the  Constitution.   We affirm  for



            substantially  the  reasons  given in  the  district  court's



            decision dated May 8, 1995, adding only a brief comment.



                      Washington   correctly   claims   on  appeal   that



            defendants'  affidavit in support  of summary judgment failed



            to  recite   facts  which  suggested   that  defendant   John



            McClintock had reason to suspect that Washington might injure



            himself  if left  in a  cold cell.   Nonetheless,  the record



            supports the  court's determination that defendants  were not



            deliberately   indifferent  to  Washington's   needs  by  not



            providing him with a blanket.  Washington had told McClintock



            that he  had placed  a noose around  his neck, made  from his



            bedding,  because his  cell  was cold.    At the  same  time,



            however, he had also told McClintock that he did not want  to



            return to the general prison population because he feared for



            his  safety.    McClintock's   notes  indicate  that  he  was



            concerned that  Washington might hurt himself  because of his



            fear about  being returned to the general  population.  Under



            the   circumstances,  McClintock's   decision  not   to  give



            Washington a  blanket was reasonable,  even if  he knew  that



            Washington had once placed a noose around his neck because he







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            was cold, especially  since he continued regular  observation



            of Washington and informed  him that he could have  a blanket



            the next day if  the night passed "without incident."   Under



            the circumstances,  McClintock  did  not  act  in  deliberate



            indifference to Washington's needs,  and summary judgment  in



            defendants' favor was proper.



                      Affirmed.
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