United States District Court, D. New Hampshire
DiCLERICO, Jr., District Judge.
LaRiviere, proceeding pro se and in forma pauperis, brings
civil rights claims under 42 U.S.C. § 1983 against Adam
Rosario, a corrections officer, and other employees of the
Hillsborough County Department of Corrections.
LaRiviere's claims arose while he was incarcerated as a
pretrial detainee. Rosario moves for summary judgment, and
judgment is appropriate when the moving party "shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law."
Fed.R.Civ.P. 56(a). "A genuine dispute is one that a
reasonable fact-finder could resolve in favor of either party
and a material fact is one that could affect the outcome of
the case." Flood v. Bank of Am. Corp., 780 F.3d
1, 7 (1st Cir. 2015). Reasonable inferences are taken in the
light most favorable to the nonmoving party, but unsupported
speculation and evidence that "is less than
significantly probative" are not sufficient to avoid
summary judgment. Planadeball v. Wyndham Vacation
Resorts, Inc., 793 F.3d 169, 174 (1st Cir. 2015)
(internal quotation marks omitted).
was a pretrial detainee at the Hillsborough County House of
Corrections on June 17, 2014. His cellmate was Devonta
Searcy. Searcy provided his affidavit in support of
Rosario's motion for summary judgment in which he
describes the events on the night on June 17.
states that while he was sleeping, an officer shined a light
on his face, which woke him up. Once awake, he heard
LaRiviere moaning and calling "help" softly. When
he looked down from his bunk, he saw blood dripping from
went to the cell door and called for an officer. An officer
came to the door, and Searcy told him that there was blood on
the floor. The officer looked in with a flashlight and called
a "code" on his radio. Other officers and a nurse
responded to the call. Searcy was removed to another cell
while they attended to LaRiviere.
own affidavit, Rosario provides a chronology of events that
he took from the jail reports and records. Rosario went to
the cell door when Searcy called and saw LaRiviere on the
bottom bunk with a small amount of blood on the floor.
LaRiviere did not answer to Rosario calling his name. Rosario
called a "10-33" on his radio, which announced a
medical emergency, and a supervisor, three officers, and a
nurse responded. LaRiviere had a cut on his leg and was taken
to the Elliott Hospital Emergency Room.
in the hospital, LaRiviere told the officer assigned to him
that he was attempting to commit suicide. He said that just
before lights out, he cut his leg with his razor and then
wrapped the leg in a towel and went to sleep. When he got up
later to go to the bathroom, he got blood on the floor and
passed out but managed to get back to his bunk.
disputes both Searcy's account and Rosario's account
of what happened that night. LaRiviere, however, did not
provide his own affidavit or any other evidence to support
his version of events. In addition, because LaRiviere's
claim against Rosario is dismissed due to a lack of
exhaustion, it is not necessary to resolve the factual
disputes LaRiviere raises.
also states in his affidavit that LaRiviere's inmate file
includes only one grievance, dated June 9, 2014, before the
suicide attempt. That grievance asks to speak to a doctor
about a rash and lower back pain and states that Nurse
Wheeler has a grudge against LaRiviere. The response to the
grievance is dated June 12, 2014. LaRiviere did not file a
grievance about the suicide incident.
complaint and amended complaint were construed on preliminary
review, LaRiviere alleges that Rosario violated his
Fourteenth Amendment right to humane treatment by being
deliberately indifferent to LaRiviere's substantial risk
of serious harm in the suicide attempt. Rosario moves for
summary judgment on the grounds that the undisputed facts
show that he was not deliberately indifferent to a serious
medical need and that LaRiviere's claim cannot proceed
because he failed to ...