Delma Jackson v. Warden Carl Humphrey

776 F.3d 1232, 2015 WL 151116, 2015 U.S. App. LEXIS 469
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 13, 2015
Docket14-10183
StatusPublished
Cited by19 cases

This text of 776 F.3d 1232 (Delma Jackson v. Warden Carl Humphrey) 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
Delma Jackson v. Warden Carl Humphrey, 776 F.3d 1232, 2015 WL 151116, 2015 U.S. App. LEXIS 469 (11th Cir. 2015).

Opinions

EATON, Judge:

Delma Jackson brought this civil rights action under 42 U.S.C. § 1983 alleging that the termination of her visitation privileges with her inmate husband was in retaliation for exercising her free speech rights under the First Amendment. Mrs. Jackson maintains that three Georgia Department of Corrections officials, prison warden Carl Humphrey, director of facilities Randy Tillman, and assistant commissioner Timothy Ward (the “Corrections officials”), terminated her visitation privileges as a consequence of her public protests of claimed constitutional violations committed by the Department of Corrections against her husband and other inmates. The District Court found that the Corrections officials were entitled to the protections of qualified immunity while her husband and the other inmates were engaged in a hunger strike, but not thereafter.

The Corrections officials now appeal the District Court’s ruling, to the extent that it denied them summary judgment after the inmate’s hunger strike ended, arguing that they enjoyed qualified immunity from suit for that period. We agree, reverse, and remand to the District Court to enter judgment in the Corrections officials’ favor.

I.

In June 2012, Mrs. Jackson’s husband, Miguel Jackson, was confined to the Georgia Diagnostic and Classification Prison’s Special Management Unit for maximum security inmates.1 The three Corrections officials are all employees of the Georgia Department of Corrections, located in Jackson, Georgia.

On about June 10, 2012, Mr. Jackson began refusing meals and shortly thereafter was deemed to be on a hunger strike.2 [1235]*1235Five other inmates soon joined him. The Corrections officials believed that Mr. Jackson encouraged the other inmates to refuse their meals, based on his statement to Warden Humphrey that he was the leader of the hunger strike. In addition, Mr. Jackson testified at his deposition that he told other inmates that he was refusing food, and that his nickname was “Chief’ because he had “a lot of influence” over the inmates. This claim, that Mr. Jackson was the leader of the hunger strike, was confirmed by other inmates.

On June 13, 2012, Warden Humphrey instructed the Department of Corrections staff to regularly monitor the striking inmates, which required that they be brought to the prison’s medical unit each day to be weighed and have their vital signs measured. Two days later, Warden Humphrey met with each of these inmates individually, after which he informed Director Tillman that the inmates were on a hunger strike. On June 22, 2012, Mr. Jackson and another inmate refused measurement of their ketone and blood sugar levels.

Mrs. Jackson visited her husband at the prison over the weekend of June 28 and June 24, 2012. The following week, as the hunger strike persisted, Warden Humphrey directed his staff to suspend all visitation privileges,3 aside from attorney visits, for each inmate participating in the strike. According to Warden Humphrey’s affidavit, these inmates’ visitation privileges were suspended for safety and security reasons, to avoid compromising the inmates’ health, and to limit outside communication in an effort to contain the spread of the strike. Among other things, Warden Humphrey was concerned that the Special Management Unit was unable to provide adequate security coverage and medical monitoring for the striking inmates.

On July 2, the striking inmates were moved to a secured area where they could be more closely monitored with regular checks by officers and nurses. Additional correctional officers were detailed, for security purposes, to escort the striking inmates to the medical unit. Warden Humphrey was also informed by medical staff that, if the hunger strike persisted, inmates would need to be housed in the infirmary, even though it was not equipped to hold maximum security inmates, so that they could receive intravenous injections and twenty-four-hour medical care.

Record evidence indicates that Director Tillman and Assistant Commissioner Ward read a June 26 report that made them aware that Mrs. Jackson had publicly criticized the Department of Corrections’ treatment of her husband and other inmates housed in the Special Management Unit. On that day, while being examined at the medical unit by a doctor and nurse, and in response to being asked why he was refusing to eat, it was reported to Warden Humphrey and Director Tillman that Mr. [1236]*1236Jackson stated “just watch the news Friday [June 29] between 12 & 2 and you will find out.”

By June 27, 2012, five inmates, including Mr. Jackson, remained on strike. Three additional inmates stopped eating that day, and Mr. Jackson and another inmate refused to go to the prison’s medical unit. On June 28, 2012, two of the striking inmates refused measurement of their blood sugar and ketone levels, and a third inmate joined Mr. Jackson and another inmate in refusing to visit the Special Management Unit’s medical facility.

Shortly after the hunger strike began, prison officials began opening and reading Mr. Jackson’s mail. On June 28, 2012, Warden Humphrey forwarded a letter to Director Tillman that mentioned a rally planned for June 29 and that referenced the possibility that inmates at Augusta State Prison might begin striking as wéll. On that same day, another internal report indicated that there were rumors that the hunger strike would spread to another wing of the Special Management Unit and to Macon State Prison, and that the inmates in that other wing were also “planning to attempt to disrupt the operations of the facility by resisting on the tray flaps, refusing to come off the recreation call, complaining of chest pains, etc.”

On Friday, June 29, 2012, Mrs. Jackson led a public protest at the Georgia State Capitol seeking to build awareness about the prison’s conditions:4 The record demonstrates that the Corrections officials received an e-mail later that day about the demonstration, which noted that Mrs. Jackson “gave testimony to the assembled group.” On July 2, 2012, Warden Humphrey ordered the striking inmates to be moved to climate-controlled cells, and arranged for twenty-four-hour on-hand nursing staff and visual checks of each inmate at fifteen-minute intervals. On July 5, 2012, two more inmates joined the hunger strike and a third inmate missed his ninth straight meal, raising the total of striking inmates to eleven. The next day, Warden Humphrey met individually with each of the striking inmates. At the end of the meetings, each inmate, including Mr. Jackson, accepted a sack lunch. As a result, Warden Humphrey believed that the hunger strike was over and visitation privileges were restored to all striking inmates.

Mrs. Jackson visited with her husband over the weekend of July 7 and 8, 2012. On Monday, July 9, Warden Humphrey was informed that eight inmates, including Mr. Jackson, had refused all three of their meals that day. With the exception of attorney visits, visitation for each of these inmates was suspended. Also on July 9, Mrs. Jackson spoke at a second rally at the State Capitol. Warden Humphrey was informed that Mr. Jackson was the only one of the striking inmates who had received visitors during the preceding weekend, and forwarded this information to Director Tillman.

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Bluebook (online)
776 F.3d 1232, 2015 WL 151116, 2015 U.S. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delma-jackson-v-warden-carl-humphrey-ca11-2015.