United States District Court, E.D. Kentucky, Northern Division, Ashland
MEMORANDUM OPINION AND ORDER
HENRY R. WILHOIT, Jr., District Judge.
This matter is before the Court upon the Defendants' Motion to Dismiss [Docket No. 6]. The motion has been fully briefed [Docket Nos. 7 and 8]. For the reasons set forth below, the Court finds that the Complaint fails to state a claim upon which relief may be granted and, a such, dismissal is warranted.
I. FACTUAL AND PROCEDURAL BACKGROUND
This civil action arises during the time Plaintiff was incarcerated at the Eastern Kentucky Correction Complex ("EKCC") in West Liberty, Kentucky. In his Complaint, Plaintiff alleges:
1. On January 23, 2013, Anthony Drury was an inmate placed in the Maximum Assault Segregation Unit in Eastern Kentucky Correctional Facility in West Liberty, Ky.
2. On January 23, 2013, Anthony Drury was brutally attacked by another inmate during his shower. The institution followed a policy of handcuffing inmates assigned to the Maximum Assault Unit to a shower bar while they showered.
3. The inmates were housed in separate stalls, but the stalls haddoors on them. More than one inmate showered at a time.
4. On January 23, 2013, the inmate showering in the stall next to Anthony Drury somehow slipped out of his handcuff and produced a razor lined "shank". He then proceeded to come into Drury's stall and viciously attacked Drury with the weapon, who was still handcuffed to the bar in the shower.
5. The guards were not watching the men as they took their showers. By the time that the guards became aware of what was happening. Anthony Drury had been stabbed approximately 80 times over his whole body.
6. Anthony Drury endured approximately 80 staples and sutures as treatment for his injuries.
[Docket No. 1].
He further alleges that he instigated a grievance with regard to the practice of chaining inmates to the shower walls, which was denied. [Docket No. 1 at ¶¶ 8-9]. He appealed. Id. at ¶ 10. On appeal, the decision was reversed and the Commissioner of Corrections for the State of the Kentucky mandated that the procedure be stopped immediately. Id. at ¶ 11. Drury alleged, however, that he "continued to be handcuffed to a bar in the shower until he was transferred to "Big Sandy" correctional facility sometime during the end of April 2013/beginning of May 2013." Id. at ¶ 12.
Drury filed this civil action pursuant to 28 U.S.C. § 1983. Specifically, he alleges that by failing to follow the directive of the Commissioner, the Defendant Warden "act[ed] with deliberate indifference to Mr. Drury's constitutional Eighth Amendment Right against cruel and unusual ...