Campbell v. Grammer

889 F.2d 797, 1989 WL 139749
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 21, 1989
DocketNos. 87-2680, 87-2681
StatusPublished
Cited by8 cases

This text of 889 F.2d 797 (Campbell v. Grammer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Grammer, 889 F.2d 797, 1989 WL 139749 (8th Cir. 1989).

Opinions

WOLLMAN, Circuit Judge.

Nebraska State Penitentiary employees Angelo Vinci, Robert Linville, Frank Holland, and Steve Simmons, appeal the district court’s 1 finding that they violated the constitutional and statutory rights of eight inmates during a prison lockdown. They also argue that the award of attorneys’ fees was excessive. The inmates cross-appeal the court’s denial of several of their claims. We affirm in part and reverse in part.

I. BACKGROUND

The adjustment center is the most secure facility at the Nebraska State Penitentiary. It houses those inmates who for various reasons cannot reside within the penitentiary’s general population. Inmates assigned to the adjustment center include those being disciplined for misconduct and those awaiting completion of investigations of possible misconduct.

In October 1984 the inmates in the adjustment center began creating disturbances. Prison officials unsuccessfully attempted to quell the outbreak of misconduct by depriving the inmates of privileges and personal property and by talking to problem inmates. The disturbances continued, however, until by May of 1985 the inmates were setting fires, throwing human wastes on staff members and food service carts, and verbally and physically abusing the staff. The inmates also refused to return to their cells after shower and exercise periods, necessitating physical confrontations between staff and inmates.

Disciplining individual inmates was difficult because the layout of the adjustment center prevented the staff from determining which inmates were creating the disturbances and starting the fires. Given these riotous conditions, Gary Grammer, the warden of the penitentiary, and Harold Clarke, the associate warden for custody, believed that the safety of the inmates and of the staff was threatened. They therefore ordered the imposition of a lockdown beginning on May 22, 1985.

Grammer and Clarke cancelled regular prison meals. Inmates were to receive instead two sandwiches and milk three times a day until the lockdown ended. Lieutenant Angelo Vinci, who was responsible for supervising the adjustment center, failed to ensure that the diet ordered by Grammer and Clarke was provided. The inmates did receive the allotted sandwiches, but they did not receive any milk. Instead, they were allowed only tap water from their sinks which, at times, was turned on only during meals.

Discipline problems continued in the adjustment center on the evening of May 22 despite the lockdown, including repeated instances of arson. Inmates ignited combustible materials in their cells, such as clothing, bedding, and papers, and then threw these items out into the galleries. Officials used a high-powered fire hose to combat the fires. On that same evening, an official was informed that several inmates had made knives.

As a result of the recurring fires and the information about the knives, officials ordered a shakedown on May 23 to remove and inventory all personal and most combustible items. According to orders issued by Grammer and Clarke, each inmate was to be left an undergarment, a jumpsuit, a mattress, one set of sheets, and a blanket. All other items, including hygiene supplies, books, and other personal items, were to be [801]*801taken: These orders were followed, except that jumpsuits were not provided.

During the shakedown, several homemade knives were found, an inmate attempted to attack an officer with a sharpened toothbrush, various inmates spit upon and cursed the officers, and a fire occurred on one level of the adjustment center. Inmates continued to throw human wastes on the officials during the lockdown, requiring the officials to wear special protective clothing anytime they found it necessary to enter the galleries. After the lockdown ended on May 30, 1985, clothing, bedding, and personal property were gradually returned to the inmates.

Eight inmates subsequently brought suit.2 Among other claims, all eight inmates contended that Clarke, Major Adel-bert Knight, and Vinci violated the eighth and fourteenth amendments by not ensuring that the inmates had jumpsuits during the lockdown. All inmates also argued that restricting their diet during the lock-down violated the fourteenth amendment. Inmates Marquis Washington, Doug Schweitzer, and Robert Garza asserted that Simmons, Holland, and Linville violated their eighth amendment rights by intentionally spraying them with a high-powered fire hose while extinguishing fires. In addition, inmate Schweitzer contended that Lieutenant Max Fredrickson violated his. eighth amendment rights by failing to ensure that he received proper medical treatment.

The district court found that Vinci had violated both the eighth and fourteenth amendments by not ensuring that the inmates had jumpsuits after the midpoint of the lockdown and that Simmons, Holland, and Linville had violated the eighth amendment by intentionally spraying three inmates with the fire hose. Lieutenant Vinci appeals the eighth amendment holding but not the fourteenth amendment holding regarding the clothing issue.3 Simmons, Holland, and Linville appeal the intentional spraying claims.

The inmates cross-appeal, contending that the district court erred in finding that Clarke and Knight did not violate their constitutional rights by failing to ensure that the inmates were adequately clothed; that Fredrickson did not violate Schweitzer’s eighth amendment rights by failing to ensure proper medical treatment; and that Grammer, Clarke, and Vinci did not violate the inmates’ statutory and fourteenth amendment rights by restricting their diet.

II. DISCUSSION

A. Lack of Jumpsuits

As we stated in Rust v. Grammer, 858 F.2d 411 (8th Cir.1988), courts should ordinarily accord the actions of prison officials much deference. Id. at 414. Courts should be especially reluctant to interpose their hindsight when the challenged conduct occurred during a prison disturbance. As the Supreme Court has stated, that deference should extend “to prophylactic or preventive measures intended to reduce the incidence of * * * breaches of prison discipline” just as it does to “a prison security measure taken in response to an actual confrontation with riotous inmates.” Whitley v. Albers, 475 U.S. 312, 322, 106 S.Ct. 1078, 1085, 89 L.Ed.2d 251 (1986).

Because prophylactic or preventive measures are not ordinarily intended as punishment, they “must involve more than ordinary lack of due care” to violate the eighth amendment. Whitley, 475 U.S. at 319, 106 S.Ct. at 1084. For example, when the conduct at issue involves “establishing conditions of confinement * * * or restoring official control over a tumultuous cell-block,” only “obduracy and wantonness, [802]*802not inadvertence or error in good faith” violate the eighth amendment. Id.

We conclude that Vinci’s failure to ensure that the inmates had jumpsuits after the shakedown did not rise to the level of cruel and unusual punishment. Without some evidence indicating otherwise, Vinci’s conduct cannot be characterized as obdurate or wanton.

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Richard Campbell, Michael Ricardo Leviston, Robert L. Garza, Marquis Washington, Juan Bradley, David Ditter, Larry Harrington, Dennis Mikulecky and Doug Schweitzer v. Gary Grammer, Individually and in His Official Capacity as Warden of Nebraska State Penitentiary Harold Clarke, Individually and in His Official Capacity as Associate Warden Adelbert Knight, Individually and in His Official Capacity as Correctional Officer Lt. Dean Naylor, Individually and in His Official Capacity as Correctional Officer Capt. Steve Phillips, Individually and in His Official Capacity as Correctional Officer Angelo Vinci, Individually and in His Official Capacity as Correctional Officer Robert Linville, Individually and in His Official Capacity as Correctional Officer Frank Holland, Individually and in His Official Capacity as Correctional Officer Steve Simmons, Individually and in His Official Capacity as Correctional Officer, Corp. Robert McPherson Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Roger Bauer, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Robert Bearden, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Lynn Wright, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Elaine Ringer, Individually and in Her Official Capacity as Correctional Officer at the Nebraska State Penitentiary Sergeant Ronald Moody, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Corp. David Peters, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Corporal Piper, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Lt. Frederickson, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Daniel Danaher, Physician's Assistant, Individually and in His Official Capacity as Physician's Assistant at Nebraska State Penitentiary and Will Curtis, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary. Richard Campbell, Michael Ricardo Leviston, Robert L. Garza, Marquis Washington, Juan Bradley, David Ditter, Larry Harrington, Dennis Mikulecky and Doug Schweitzer v. Gary Grammer, Individually and in His Official Capacity as Warden of Nebraska State Penitentiary Harold Clarke, Individually and in His Official Capacity as Associate Warden Adelbert Knight, Individually and in His Official Capacity as Correctional Officer Lt. Dean Naylor, Individually and in His Official Capacity as Correctional Officer Capt. Steve Phillips, Individually and in His Official Capacity as Correctional Officer Angelo Vinci, Individually and in His Official Capacity as Correctional Officer Robert Linville, Individually and in His Official Capacity as Correctional Officer Frank Holland, Individually and in His Official Capacity as Correctional Officer Steve Simmons, Individually and in His Official Capacity as Correctional Officer, Corp. Robert McPherson Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Roger Bauer, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Robert Bearden, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Lynn Wright, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Elaine Ringer, Individually and in Her Official Capacity as Correctional Officer at the Nebraska State Penitentiary Sergeant Ronald Moody, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Corp. David Peters, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Corporal Piper, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Lt. Frederickson, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary Daniel Danaher, Physician's Assistant, Individually and in His Official Capacity as Physician's Assistant at Nebraska State Penitentiary and Will Curtis, Individually and in His Official Capacity as Correctional Officer at the Nebraska State Penitentiary
889 F.2d 797 (Eighth Circuit, 1989)

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