Clark v. Evans

840 F.2d 876, 1988 U.S. App. LEXIS 3704
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 25, 1988
DocketNos. 86-8685, 86-8878
StatusPublished
Cited by67 cases

This text of 840 F.2d 876 (Clark v. Evans) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Evans, 840 F.2d 876, 1988 U.S. App. LEXIS 3704 (11th Cir. 1988).

Opinion

ANDERSON, Circuit Judge:

This civil rights action arose when plaintiffs’ decedent, Ray Sharp, was shot and killed while attempting to escape from Georgia State Prison at Reidsville. Plaintiffs Mary Clark and Shirley Clark (hereinafter “Clark”) sued several defendants, as follows: Evans, the Commissioner of the Department of Corrections; Newsome, the Warden of the Georgia State Prison; Coleman, the guard in the tower who fatally shot Sharp; and Cowart, Oliver, Berry, Spell, Lewis, Lane and Todd, all guards who were on the yard or in the building complex when Sharp made his escape attempt. Plaintiffs sued under 42 U.S.C. § 1983, claiming that the several defendants had violated Sharp’s constitutional rights.

The district court granted summary judgment in favor of a first set of defendants — namely, Evans, Cowart, Oliver, Berry, Spell, Lewis, Lane, and Todd — and dismissed them from the case. However, the district court rejected the qualified immunity defense asserted by Newsome and Coleman in their individual capacities,1 and ordered the case against these two defendants to proceed to trial. Newsome and Coleman brought an immediate appeal on the qualified immunity question. The plaintiffs also appealed the dismissal of the first set of defendants.2

We affirm the district court’s grant of summary judgment as to the first set of defendants. With respect to all of plaintiffs’ theories against both Coleman and Newsome, we conclude that their qualified immunity defense was valid, and thus we reverse with respect to Coleman and New-some.

I. FACTS

Sharp was a life sentence inmate in Georgia State Prison. Sharp suffered from paranoid schizophrenia and had delusions that the prison staff was trying to kill him. About two weeks prior to the incident which led to his death, Sharp received a committal order which obliged the prison to transfer him to a mental institution. The committal order was still being processed at the time of the incident.

Sharp’s mental illness had previously led to problems at the prison. Once he seriously injured a guard with a mop wringer; [879]*879this episode led to his involuntary commitment order. Twice he attempted to hang himself. One week prior to the fatal incident, Sharp made an escape attempt in which he tried to climb the interior fence,3 but was caught and subdued by prison officials.

The incident which formed the basis for the instant lawsuit involved another escape attempt by Sharp. While he was in the exercise yard, Sharp began to behave strangely. Sharp ran to the interior fence and began climbing over it into the area known as “no man’s land.” Guards on the yard ran after him until Sharp climbed over the interior fence; they continued yelling at him to stop, but Sharp kept running. A guard in the closest tower, Officer Coleman, saw him attempting to climb over the perimeter fence, which was forty feet away from the tower. Two warning shots with shotguns were fired, and when Sharp got over the perimeter fence and began to run, Coleman shot him. Sharp died from his injuries and his relatives sued, claiming various theories of liability.

II. BACKGROUND

Prior to the episode which led to the filing of this action, Georgia State Prison at Reidsville had been the subject of a class action lawsuit based on conditions in the prison. That case, Guthrie v. Evans, No. 3068 (S.D.Ga.1972), led to the filing of a remedial consent decree which ordered changes in many aspects of the prison. In relevant part, the Guthrie order dealt with such issues as use of force, security, training of officers, and medical and mental health treatment. Georgia State Prison thus operated under this consent decree and everyone who worked at the prison was familiar with and bound by its provisions.

III. DEFENDANTS COLEMAN AND NEWSOME

A. Qualified Immunity

Defendants Coleman and Newsome appeal the refusal of the district court to dismiss them from the case on the basis of their qualified immunity defense. This issue is immediately appealable, based on the authority of Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985).

Defendants are entitled to qualified immunity if the law with respect to their actions was unclear at the time the cause of action arose. Mitchell, 472 U.S. at 530, 105 S.Ct. at 2818; Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1983). As the Supreme Court said in Harlow,

[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.... If the law was clearly established, the immunity defense [880]*880ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Id. at 818-19, 102 S.Ct. at 2738. The Supreme Court, by adopting this test, has balanced the public interest in deterring unlawful conduct and compensating victims against the fairness of imposing liability only where officials had notice that their conduct was unlawful. On summary judgment, then, the judge must determine not only the currently applicable law but also whether that law was clearly established at the time the action arose. Harlow, 457 U.S. at 818, 102 S.Ct. at 2738.

Thus, our task with regard to each of plaintiffs’ theories of liability is to determine the clarity of the law at the time Sharp was shot. Defendant Coleman, the officer who fatally shot Sharp, was sued on theories that he violated Sharp’s Eighth and Fourteenth Amendment rights in three ways: (1) by using deadly force; (2) by failing to use disabling force prior to using deadly force; and (3) by using deadly force against someone who was mentally ill. Defendant Newsome, the warden of the prison, was sued: (1) on a respondeat superior theory with respect to the deadly force issue; (2) on the theory that the training his staff received was inadequate because they were not trained to shoot to disable; and (3) on the theory that security at the prison was inadequate and allowed incidents like this to happen. Thus, we must inquire about the law regarding the use of deadly force and the law regarding prison security measures.

B. Law Regarding Use of Deadly Force

Plaintiffs argue that Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), clearly establishes the law that the use of deadly force has constitutional limits. Although plaintiffs acknowledge that the Gamer opinion was published after the incident here, they argue that the Guthrie order placed these defendants on notice of and clearly established the applicable constitutional principle. The portion of the Guthrie order relied upon by plaintiffs reads as follows:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wiggins v. James Ward
S.D. Alabama, 2025
Ray v. Gadson
N.D. Alabama, 2023
Davis v. Elmore County Jail
M.D. Alabama, 2023
April Myrick v. Fulton County, Georgia
69 F.4th 1277 (Eleventh Circuit, 2023)
Lynette Christmas v. Harris County, Georgia
51 F.4th 1348 (Eleventh Circuit, 2022)
Estrada v. Smart
D. Colorado, 2021
J.B. v. Lawson State Community College
29 So. 3d 164 (Supreme Court of Alabama, 2009)
Gainor v. Douglas County, Georgia
59 F. Supp. 2d 1259 (N.D. Georgia, 1998)
Greffey v. State of Ala. Dept. of Corrections
996 F. Supp. 1368 (N.D. Alabama, 1998)
Estate of Adams
133 F.3d 926 (Ninth Circuit, 1998)
Isquierdo v. Frederick
922 F. Supp. 1072 (M.D. North Carolina, 1996)
Dolihite v. Maughon
74 F.3d 1027 (Eleventh Circuit, 1996)
Harrelson v. Elmore County, Ala.
859 F. Supp. 1465 (M.D. Alabama, 1994)
Post v. City of Fort Lauderdale
7 F.3d 1552 (Eleventh Circuit, 1993)
Adams v. St. Lucie County Sheriff's Department
962 F.2d 1563 (Eleventh Circuit, 1992)
Hardin v. Hayes
957 F.2d 845 (Eleventh Circuit, 1992)
Kinney v. Indiana Youth Center
950 F.2d 462 (Seventh Circuit, 1991)
Eubanks v. Gerwens
771 F. Supp. 1216 (S.D. Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
840 F.2d 876, 1988 U.S. App. LEXIS 3704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-evans-ca11-1988.