Dewayne Cox v. Bradley Quinn

828 F.3d 227
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 6, 2016
Docket15-6943; 15-6944
StatusPublished
Cited by122 cases

This text of 828 F.3d 227 (Dewayne Cox v. Bradley Quinn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dewayne Cox v. Bradley Quinn, 828 F.3d 227 (4th Cir. 2016).

Opinion

Affirmed by published opinion. Judge HARRIS wrote the opinion, in which Judge DUNCAN and Judge WYNN joined.

PAMELA HARRIS, Circuit Judge:

In 2011, appellee Dewayne Cox was severely beaten by a fellow inmate while incarcerated at the Western Virginia Regional Jail. Cox had repeatedly complained to jail officials — including the appellants, correctional officers Bradley Quinn, Joshua Pinkerman, Benjamin Baxley, and Justin Miles — that he was being threatened, harassed, and robbed by the group of inmates who ultimately orchestrated the beating. Cox filed suit against Baxley, Quinn, Pinkerman, and Miles, alleging that they had been deliberately indifferent to a substantial risk to his safety, in violation of 42 U.S.C. § 1983 and the Eighth Amend *232 ment. The district court denied summary judgment to the correctional officers, finding that they were not entitled to qualified immunity on Cox’s claims. We agree, and we affirm.

I.

A.

Because this is an interlocutory appeal of a denial of qualified immunity, we consider only “the facts as the district court viewed them as well as any additional undisputed facts.” Danser v. Stansberry, 772 F.3d 340, 345 (4th Cir. 2014).

In 2010 and 2011, Dewayne Cox was incarcerated at the Western Virginia Regional Jail. Cox was housed in “Pod 3A” with about fifty other men, including Terrence Jackson, David Cabell, Sheron Harris, and Brandon Reddix. Jackson, Cabell, and Harris formed an informal gang or group in the pod. At some point, Reddix joined their group as well.

Cox and other inmates found the Jackson-Cabell-Harris group to be loud, aggressive, intimidating, and threatening. As one inmate, Gerald Garlic, explained,

They would snatch the T.V. remote from others[’] hands, and take radio[ ]s or unplug headphones, and disrupt board games or card games by pushing them out of reach or taking p[ie]ees and issuing a challenge to who-ever they chose to pick on at the time by saying things like “what ya gonna do pops” “say something” “I’ll fuck you up” [“]we rule this pod and if y[’]all don’t like it just say something and we’ll take care of you” or “say something to the [correctional officers] we will beat your old toothless stinking ass to death,” or [“]we are [ JBloods and we run shit in here.”

J.A. 317-18. According to another inmate, Joe Rutherford, “Harris[,] Cabell and Jackson [were] constantly loud and intimidating and more or less [were] in a gang all their own. They were trouble waiting to happen.” J.A. 324.

Cox and at least one other inmate submitted informal complaints, or “blue slips,” describing the group’s aggressive and threatening behavior to jail officials, and Cox discussed his concerns with Captain Chad Keller on March 8, 2011. Cox informed Keller that Harris was harassing and stealing from him and requested that either he or Harris be moved to a different pod. According to Cox, Keller responded that he knew Harris was “an asshole” who “creates problems everywhere he goes.” J.A. 282. But Keller asked Cox if he and Harris could remain in the pod together if he talked to Harris and “ke[pt] him on a chain.” Id. Cox agreed.

After Keller talked to Harris about Cox’s complaints, however, the situation in the pod only got worse for Cox. Harris called Cox a “snitch” and threatened that he “was going to get” him. J.A. 283. Then, a few weeks later, Harris and Cabell instigated a physical altercation with Cox and issued explicit threats in front of other inmates. As one inmate described:

[T]here were about six of us playing poker together. ... Dewayne [Cox] won a hand. Harris and Cabell started raising their voices, telling Dewayne he was a p[ie]ce of shit. Mr. Cabell jerked the sheet we had covering the table[ ] off the table and threw cards everywhere. He reached across the table and knocked other cards ... out of Dewayne’s hands and got in Dewayne[’]s face and said “Do something punk,[ ] say anything you old toothless son of a bitch and I’ll stomp your white ass all over this pod.” Then Cabell went to the telephone area, still angry, upset, and threw a blue plastic chair ... across the floor, and issued a challenge for the whole pod,' for “anybody say one fucking word about it I will *233 fuck em up” “Go on! Anybody, please say something so I can beat some ass.”

J.A. 324-25 (affidavit of inmate Rutherford). In addition, Harris and Cabell stole commissary items from Cox and harassed him on other occasions. Cox submitted several more blue slips complaining about these issues and requesting that either he or the inmates who were threatening him be moved to a different pod. He never received any response.

Appellants Quinn, Baxley, and Pinker-man were certified correctional officers at the jail, and appellant Miles was an uncer-tified officer — essentially, a trainee. On April 11, 2011, Quinn, Baxley, and Miles were on duty in Pod 3A, and Pinkerman was working nearby. Cox approached Miles that morning and asked “what they were going to do about what was going on in the pod ... with Cabell and Jackson and Harris.” J.A. 218. He also inquired about the number of blue slips that jail officials had received about those inmates. Miles stated that he was aware of blue slips from Cox and one other inmate, and he asked Cox to step out into the hallway to discuss his concerns further.

Cox, along with inmate Garlic, went into the hall to talk further with Miles. They explained that they “were being harassed” and that Cabell and Harris were stealing from Cox. J.A. 219. Cox told Miles that he feared for his safety, and both Cox and Garlic requested that either they or the problematic inmates be moved out of the pod.

Officers Quinn, Baxley, and Pinkerman eventually joined the conversation and Cox repeated his concerns to them. Miles assured Cox and Garlic that they would “take care of it,” and the other officers agreed. J.A. 221. Cox asked the officers what they planned to do, saying “[s]ome-body needs to be moved, somebody is going to get hurt.” Id. Miles stated that they would “talk to the guys,” and Cox responded: “Don’t do that because that will put an X on me and make the situation worse than what it is.” J.A. 222. Garlic agreed with Cox, expressing concern that if the officers spoke to the inmates, “they would only get angry and retaliate against us.” J.A. 319. And both Cox and Garlic again requested to either be moved from the pod or to have the other inmates moved. The officers instructed Cox and Garlic to return to the pod.

After speaking with Cox and Garlic, Miles reached out to Sergeant Willie Smith for advice. According to Miles, Smith responded that he was “busy” and that Miles needed to “get [his] guys to handle it.” J.A. 102. But according to Smith himself, he told the officers, “[I]f Cox is being threatened in any way or if anybody is being threatened, remove them out of the pod, lock the inmates down, lock the whole pod and question all of the inmates in the pod to find out what was going on.” J.A. 343.

When Cox returned to the pod, he called a friend on the telephone in the pod’s common area and spoke to her for several minutes.

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Cite This Page — Counsel Stack

Bluebook (online)
828 F.3d 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dewayne-cox-v-bradley-quinn-ca4-2016.