Arthur Jackson v. W.I. Hollowell

714 F.2d 1372, 1983 U.S. App. LEXIS 16641, 14 Fed. R. Serv. 15
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 22, 1983
Docket82-4138
StatusPublished
Cited by10 cases

This text of 714 F.2d 1372 (Arthur Jackson v. W.I. Hollowell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur Jackson v. W.I. Hollowell, 714 F.2d 1372, 1983 U.S. App. LEXIS 16641, 14 Fed. R. Serv. 15 (5th Cir. 1983).

Opinion

JOHNSON, Circuit Judge:

On February 6, 1973, Arthur Jackson, an eighteen-year old inmate in the Mississippi State Prison (Parchman), 1 lost his left eye as a result of a ricochet bullet fired from a sawed-off shotgun by Lepoleon Reed, an armed trusty shooter. 2 Jackson instituted this action pursuant to 42 U.S.C. § 1983 3 alleging that various Parchman officials and employees violated his clearly established constitutional right to be free from cruel and unusual punishment in the form of trusty shooters who were inadequately screened for mental, emotional, or other problems. Initially, the district court granted a summary judgment favorable to all defendants on the basis of qualified immunity, but' this court, in a prior panel opinion, Jackson v. State of Mississippi, 644 F.2d 1142 (5th Cir.1981) (hereinafter Jackson I), held that the defendants were not entitled to summary judgment on the basis of qualified immunity, since Jackson’s constitutional right to be free from cruel and unusual punishment in the form of inadequately screened trusty shooters had been clearly established in Gates v. Collier, 349 F.Supp. 881 (N.D.Miss.1972), aff’d, 501 F.2d 1291 (5th Cir.1974) (hereinafter Gates), a *1374 case that revealed numerous egregious unconstitutional conditions at Parchman. Upon remand, the case was tried to a jury and Jackson was awarded $50,000 in compensatory damages for the loss of his eye. The district court rendered a judgment on the jury’s verdict against all eight defendants, jointly and severally, and this Court affirms.

I. Background

In order to fully appreciate the facts of this case, one must briefly retrace the lengthy history of litigation concerning the conditions at Parchman.

A. Gates v. Collier: Clearly Established Law Unfolds

In Gates, a class action brought by and on behalf of Parchman inmates, it was demonstrated that various officials in the Mississippi State Prison System had maintained a system of prison facilities violative of prisoner rights secured by the first, eighth, thirteenth, and fourteenth amendments. 4 The district court ordered broad sweeping immediate, intermediate, and long range relief. 5

With regard to the use of trusty shooters, the district court found that the trusty shooters were selected by prison officials without the use of objective criteria or uniform standards and that payoffs, favoritism, extortion, and participation in illegal activities had infected the selection process. Disturbingly, the district court noted:

Penitentiary records indicate that many of the armed trusties have been convicted of violent crimes, and that of the armed trusties serving as of April 1, 1971, 35% had not been psychologically tested, 40% of those tested were found to be retarded, and 71% of those tested were found to have personality disorders. There is no formal program at Parchman for training trusties and they are instructed to maintain discipline by shooting at inmates who get out of the gun line; in many cases, trusties have received little training in the handling of firearms. Inmates have, on many occasions, suffered injuries and abuses as a result of the failure to select, train, supervise and maintain an adequate custodial staff. Trusties have abused their position to engage in loan-sharking, extortion and other illegal conduct in dealing with inmates subject to their authority and control. The evidence indicates that the use of trusties who exercise authority over fellow inmates has established intolerable patterns of physical mistreatment. For example, during the *1375 Cook administration, 30 inmates received gunshot wounds, an additional 29 inmates were shot at, and 52 inmates physically beaten.

Gates, 349 F.Supp. at 889.

Understandably, the district court, on October 20, 1972, ordered Parchman officials, including the then active members of the Mississippi Penitentiary Board and the Superintendent, to replace all trusty shooters with civilian guards by June 20, 1973. In the interim period, the district court ordered the defendants to “ensure, by a careful review of inmate personnel records and psychological tests, that inmates placed in a position of supervision or custody of other inmates are mentally and emotionally fit to perform their assigned tasks.” Gates, 349 F.Supp. at 903.

On direct appeal, this Court affirmed the district court’s order and stated:

We have no difficulty in reaching the conclusion that this trusty system, which utilizes unscreened inmates violates state law, and which allows inmates to exercise unchecked authority over other inmates, constitutes cruel and unusual punishment in violation of the Eighth Amendment, warranting the district court’s prohibition of certain portions of the trusty system. ...

Gates, 501 F.2d at 1308. Finally, in the prior appeal of the case sub judice, this Court resolved any doubt as to the constitutional infirmity of Parchman’s utilization of inadequately screened trusty shooters and held: “We hold that the Gates order clearly established Jackson’s constitutional right to be free from cruel and unusual punishment in the form of trusty shooters who were inadequately screened for mental, emotional, or other problems.” Jackson I, 644 F.2d at 1146.

B. Facts

The facts leading up to Jackson’s loss of his left eye were ably presented in Jackson I and we quote therefrom.

In October 1972, Arthur Jackson began serving at Parchman a five-year prison term for armed robbery. On February 6, 1973, Jackson and other prisoners were boarding a bus to be transported to a vocational school at the penitentiary. As was the practice at that time, another prisoner designated as a “trusty shooter” was guarding these inmates with a shotgun. Noticing that some inmates were pushing to the front of the line to get a seat on the bus, the trusty shooter fired a warning shot. One of the pellets from this 00 buckshot load penetrated Jackson’s left eyeball! 6 ! Jackson was taken to the prison’s medical facilities where the doctor on duty cleaned and dressed the wound. The doctor called the University Hospital in Jackson, Mississippi, for advice and was told to have Jackson transported to that hospital. He did so. The drive took approximately three hours. At the University Hospital, Jackson’s eye was surgically removed.

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Bluebook (online)
714 F.2d 1372, 1983 U.S. App. LEXIS 16641, 14 Fed. R. Serv. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-jackson-v-wi-hollowell-ca5-1983.