Carter v. Ricumstrict

637 F. App'x 917
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 4, 2016
DocketNo. 13-1516
StatusPublished

This text of 637 F. App'x 917 (Carter v. Ricumstrict) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Ricumstrict, 637 F. App'x 917 (6th Cir. 2016).

Opinion

HOOD, District Judge.

I.

During the time relevant to this appeal, Joel Carter was an inmate at the Standish Correctional Facility in Standish, Michigan. On November 21, 2006, flooding occurred in cell block area- A, which prison officials believed to be caused when one or more inmates flushed personal property down cell toilets. In order to determine which inmates were responsible, prison staff performed a “quartermaster inventory,” which involved removing prisoners from their cells and searching the cells to determine which prisoners were missing personal property. When it was time to search Carter’s cell, he was ordered to “cuff up,” which required him to walk to his cell door and place his hands and wrists through an opening. Carter remained in bed, however, stating that he was too weak to walk. Carter reportedly suffers from multiple sclerosis, with symptoms including intermittent lower-extremity paresthesia and weakness. Carter was initially allowed to remain in his cell during the inventory, lying in bed on his stomach. Later that same day, Carter was approached for a second time about evacuating his cell in connection with the quartermaster inventory. This time he was told to approach the cell door to be handcuffed or risk being sprayed with chemical agents. Carter again objected, stating that he could not walk because of his multiple sclerosis. Upon receiving permission from the warden, a sergeant sprayed chemical agents into Carter’s cell. Carter then backed up to the cell door to be cuffed.

Based on these events, Carter sought relief for deliberate indifference to his serious medical needs and for being subjected to cruel and unusual punishment, in violation of the Eighth Amendment. The trial court granted the defendants’ motion for summary judgment with respect to all of Carter’s claims, but we reversed in part, finding that summary judgment was inappropriate with respect to Carter’s excessive-force claim regarding the use of chemical agents.. We determined that a genuine issue of material fact existed as to whether Carter was able to walk on his own to be handcuffed and, thus, whether it was necessary to use chemical agents. Carter v. Ricumstrict, No. 08-2378 (6th Cir. Jan. 25, 2010). Upon remand, the matter proceeded to a trial by jury, which found in favor of the defendants. Carter now appeals, arguing that the jury’s verdict was against the great weight of the evidence and that the district court committed reversible error with respect to an evidentiary ruling and the jury instructions. We affirm the district court’s judgment.

II.

Following'the jury’s verdict, Carter moved for a new trial or, alternatively, judgment as a matter of law, arguing that there was insufficient evidence to support the jury’s verdict. It is well established that “a motion for directed verdict made at the close of evidence is a prerequisite to a motion for judgment as a matter of law on the same grounds” after a jury verdict. Am. & Foreign Ins. Co. v. Bolt, 106 F.3d 155, 160 (6th Cir.1997); see also Portage II v. Bryant Petroleum Corp., 899 F.2d 1514, 1522 (6th Cir.1990). Since Carter did not move for a directed verdict before the case [920]*920was submitted to the jury, pursuant to Federal Rule of Civil Procedure 50(a), the district court correctly determined that he could not do so after trial pursuant to Rule 50(b).

The district court also denied Carter’s motion for a new trial pursuant to Federal Rule of Civil Procedure 59. The district court laid out its reasoning as follows:

At trial, the jury listened to and observed the testimonies of Plaintiff, Defendants, and other witnesses. The jury considered various evidence, including the video tapes of Plaintiffs extraction from his cell, the movement from his cell to the shower and Defendants’ use of the chemical agent. The jury was able to observe the demeanor of the various individuals involved in the incident from live testimonies and the video tapes. There was sufficient evidence to support the jury’s verdict of no cause of action.

We review a district court’s denial of a motion for a new trial for an abuse of discretion. Mike’s Train House, Inc. v. Lionel, LLC, 472 F.3d 398, 405 (6th Cir. 2006). An abuse of discretion occurs when the district court relies on clearly erroneous findings of fact, applies the law improperly, or applies an erroneous legal standard. Id. Further, we will find an abuse of discretion only where we have “a definite and firm conviction that the trial court committed a clear error of judgment.” Id. (citations omitted). After reviewing the record, we are unable to find that the district court abused its discretion in denying Carter’s motion for a new trial. The jury heard prison staff members testify that, based upon observations and medical reports, Carter was able to walk at the time in question. Further, in the videotape footage shown to the jury, Carter stands with his back to the cell door immediately after the chemicals were sprayed. Additionally, a prison logbook showed that there had been no instances in which Carter had been unable to return his meal trays to his cell door, although he claimed to have been unable to walk for approximately ten days surrounding the time in question. Though it is possible that a different jury could have reached a different conclusion, we are not free to reweigh the evidence and set aside the jury’s verdict on that basis alone. Duncan v. Duncan, 377 F.2d 49, 52 (6th Cir.1967). Rather, since it is clear that sufficient evidence exists to support the jury’s verdict in favor of the defendants, the district court did not abuse its discretion by denying the new trial motion.

Next, Carter alleges that the district court erred by allowing the jury to hear evidence regarding the types of prisoners housed in the Administrative Segregation Unit, the area where Carter was housed. Over Carter’s objection, the defendants were permitted to introduce evidence that inmates are placed in Administrative Segregation when they have a tendency to commit assaults, disobey rules, or when they pose a threat to themselves, other prisoners, or staff. The defendants argued that this evidence was relevant because it explained to the jury why corrections officers could not simply enter Carter’s cell without securing him first. In reviewing the district court’s relevance determination and its balancing for prejudice and probative value under Federal Rule of Evidence 403 for abuse of discretion, we give the district court broad discretion and “look at the evidence in the light most favorable to the proponent, maximizing its probative value and minimizing its prejudicial effect.” United States v. Poulsen, 655 F.3d 492, 509 (6th Cir.2011) (quoting United States v. Bonds, 12 F.3d 540

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637 F. App'x 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-ricumstrict-ca6-2016.