Davis v. Sancegraw

850 F. Supp. 809, 1993 WL 642773
CourtDistrict Court, E.D. Missouri
DecidedAugust 26, 1993
Docket4:92CV919 GFG (CDP)
StatusPublished
Cited by3 cases

This text of 850 F. Supp. 809 (Davis v. Sancegraw) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Sancegraw, 850 F. Supp. 809, 1993 WL 642773 (E.D. Mo. 1993).

Opinion

850 F.Supp. 809 (1993)

Jeffrey DAVIS, Plaintiff,
v.
Francis SANCEGRAW, et al., Defendants.

No. 4:92CV919 GFG (CDP).

United States District Court, E.D. Missouri, E.D.

August 26, 1993.

*810 Jeffrey L. Davis, pro se.

Brian E. McGovern, McCarthy and Leonard, Chesterfield, MO, Paul M. Rauschenbach, Asst. Atty. Gen., St. Louis, MO, for defendants.

MEMORANDUM AND ORDER

PERRY, United States Magistrate Judge.

This matter is before the Court on defendants' motion for summary judgment and on plaintiff's motion for the appointment of counsel. This case was referred to the undersigned for trial and all other purposes with the consent of the parties pursuant to 28 U.S.C. § 636(c).

Plaintiff is presently incarcerated at the Potosi Correctional Center ("PCC") in Mineral Point, Missouri. He brings this pro se civil rights suit under 42 U.S.C. § 1983 against Francis Sancegraw (PCC Correctional Officer ("CO")), Phillip Nixon (PCC Sergeant), Beverly Howell, Captain Nicholas, Betty Webber (PCC Psychologist), R. Coleman, McPeak (PCC CO), Sergeant Salts, Lt. Reed, Blair (PCC CO), King (PCC CO), and Nurse Desiree alleging that they violated plaintiff's constitutional rights. Plaintiff specifically alleges that on or about March 11, 1992, defendant Sancegraw ordered plaintiff to cuff up and plaintiff refused, telling Sancegraw to go get a sergeant. Plaintiff was then rushed by a movement team, allegedly acting on the orders of defendant Nixon. Defendant Nixon allegedly told this movement team to bend plaintiff's arms and legs together to hurt plaintiff. Plaintiff further alleges that Sancegraw somehow lied to force the movement exercise and that Sancegraw had lied before in charging plaintiff with a conduct violation which was later expunged from plaintiff's record. Plaintiff further alleges that Sancegraw referred to plaintiff with a racial slur and that the movement team injured plaintiff's back, neck, legs, wrist, and ear by using excessive force. Plaintiff's final allegations are that despite his requests, he was never given an informal resolution request form by defendant Coleman to challenge the above actions and that his cell has been searched eight times in fifty days. All the defendants have answered and they have moved for summary judgment. Plaintiff has not responded to defendants' motion for summary judgment, and his time for doing so is long past.

As a preliminary matter, it is clear that plaintiff has failed to allege how defendants Howell, Nicholas, Webber, McPeak, Salts, Reed, Blair, King, or Desiree did anything to violate plaintiff's rights. Nowhere in his complaint does he allege specific acts on the part of those defendants which violated his constitutional rights. "Where a complaint *811 alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for the name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints." Potter v. Clark, 497 F.2d 1206, 1207 (7th Cir.1974); see also Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir.1985) (claim not cognizable in § 1983 action when plaintiff does not allege that defendant was personally involved in, or directly responsible for, incidents that injured plaintiff.) Defendants' motion for summary judgment should therefore be granted as to all of these individuals. It is also apparent that plaintiff has named no individual as being responsible for the eight allegedly improper cell searches in fifty days. "Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights." Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see also Martin, 780 F.2d at 1338 (claim not cognizable under section 1983 where plaintiff fails to allege which defendant was personally involved in or directly responsible for the incidents that injured plaintiff). Defendants' motion for summary judgment should therefore be granted on this "improper cell search" claim as well.

This case thus boils down to five issues. First, was the March 11, 1992 movement exercise justified, or did Sancegraw somehow improperly initiate the exercise. Second, did defendant Nixon violate plaintiff's rights by allegedly telling the movement team to bend plaintiff in such a manner as to hurt him, or in otherwise compelling the movement team to use excessive force.[1] Third, were plaintiff's rights violated by Sancegraw's allegedly calling plaintiff a racial slur. Fourth, were plaintiff's due process rights violated when Sancegraw charged plaintiff with a conduct violation that was later expunged. The fifth and final issue is whether plaintiff's rights were violated by defendant Coleman's failure to provide plaintiff with an informal resolution request form.

Facts

The undersigned finds that the following facts are not disputed:

1. On March 11, 1992, defendant Sancegraw went to plaintiff's cell to retrieve plaintiff's food tray, but plaintiff refused to hand Sancegraw the tray. Sancegraw therefore left, but returned moments later, this time instructing plaintiff to submit to hand restraints so that a cell search could be conducted. Again plaintiff refused. Sancegraw repeated his order several times and each time plaintiff refused. Plaintiff then requested a sergeant (a supervising correctional officer). When the sergeant arrived plaintiff again was requested to submit to hand restraints, this time telling the correctional officers, "Fuck you, you will have to get a team before I will come out." (See Defts.Exh. B, "Use of Force" Report, and Davis Depo. at pp. 9-12, 14-16, 18).

2. Accordingly, a movement team was assembled and, at 2:11 p.m. on March 11, 1992, plaintiff was rushed. (Defts.Exh. B.) At 2:20 p.m. on that date plaintiff was evaluated by Nurse Desiree Skiles. She noted that plaintiff suffered no injuries, no scrapes, no cuts, and no bruises. She further noted that plaintiff moved all his extremities without difficulty and that plaintiff ambulated without difficulty. (Defts.Exh. F.)

3. Later on March 11, 1992, plaintiff filed a medical services request form complaining that he had pain in the back of his ear, in his neck, wrist, legs and back. Plaintiff was again evaluated by Nurse Skiles and, although she still noted no injuries, she ordered that plaintiff be x-rayed. (Defts.Exh. E.) Plaintiff refused to be x-rayed on March 20, 1992. (Defts.Exh. G.) On April 8, 1992, plaintiff submitted to cervical and thoracic spine x-rays. While the x-rays revealed mild anomalies, the overall appearance of plaintiff's spine was unchanged when compared with spinal x-rays taken December 21, 1991. (Defts.Exh. H.)

*812 Discussion

In determining whether summary judgment should issue, the facts and inferences from these facts are viewed in the light most favorable to the non-moving party and the burden is placed on the moving party to establish both the absence of a genuine issue of material fact and that it is entitled to judgment as a matter of law. Fed.R.Civ.P.

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Bluebook (online)
850 F. Supp. 809, 1993 WL 642773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-sancegraw-moed-1993.