Doe v. Sullivan County

956 F.2d 545, 35 Fed. R. Serv. 117, 1992 U.S. App. LEXIS 1685, 1992 WL 19466
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 10, 1992
DocketNos. 90-5288, 90-5346 and 90-5348
StatusPublished
Cited by32 cases

This text of 956 F.2d 545 (Doe v. Sullivan County) 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
Doe v. Sullivan County, 956 F.2d 545, 35 Fed. R. Serv. 117, 1992 U.S. App. LEXIS 1685, 1992 WL 19466 (6th Cir. 1992).

Opinion

NATHANIEL R. JONES, Circuit Judge.

Defendants Sullivan County, Mike Gardner, and Lynn Hawkins appeal a jury verdict in favor of plaintiff John Doe for injuries sustained while incarcerated. Plaintiff in turn appeals directed verdicts for the remaining defendants and pretrial orders limiting evidence and denying his motion to add new defendants. For the reasons that follow, we reverse and remand for further proceedings.

I

On September 6, 1986, plaintiff was arrested on third-degree burglary charges for the theft of comic books, pens, and a calculator. The next day plaintiff was placed in the Sullivan County Jail (“Jail”). On September 11, 1987, plaintiff pled guilty to a misdemeanor and was sentenced to a six-month term of imprisonment at the Jail. At the time of his incarceration, plaintiff was nineteen years old, weighed 125 pounds, and suffered from “an obvious mental disability.” J.A. at 15.

Plaintiff was placed in a cell with nine or ten other inmates from September 6 to October 10, 1986. During this period, inmate Tyrone Ross reportedly began harassing plaintiff. On October 1, as prison employees were removing another inmate from the cell, the remaining inmates were “slammed” together to separate them from the inmate being removed. While so separated, Ross sexually assaulted plaintiff by inserting a toothbrush into his anus. Ross was subsequently charged with and convicted of the attack.

Plaintiff filed this suit under 42 U.S.C. § 1983 on September 22, 1987. Named as defendants were: (1) Sullivan County, Tennessee; (2) Tyrone Ross; (3) Sheriff Mike Gardner, Superintendent of the Jail; (4) Keith Westmoreland, Jail Administrator prior to August 1986 and County Executive thereafter; (5) Lon V. Boyd, County Executive from 1980-86; (6) Chief Jailer Lynn [549]*549Hawkins; (7) Deputy Sheriff Murph; (8) Deputy Sheriff Conner; and (9) Deputy Sheriff Lynch. The complaint alleged that the defendants were aware that the Jail’s overcrowding created an unreasonable risk of inmate assaults, that the inmate classification system failed to separate inmates who had violent tendencies, and that the guards failed to adhere to a system of periodic security checks in violation of state law.

Shortly before trial, Sullivan County moved to disqualify plaintiff’s counsel Everett Mechem because it wished to call him as a witness. The district court granted the motion on October 3, 1988, and this court subsequently denied plaintiff’s motion for a writ of mandamus ordering the district court to vacate its order. In re Mechem, 880 F.2d 872, 875 (6th Cir.1989). Mechem reentered the case after Sullivan County revealed Mechem would not be called as a witness. On May 19, 1989, the district court denied plaintiff's motion to add jailers Baker and Peters as defendants.

A jury trial began on September 20, 1989. At trial, prison expert Gordon Kam-ka testified that plaintiff should have been placed in protective custody while at the Jail due to his slight build and mental disability. Kamka conducted a risk assessment of the Jail and concluded that “there was a risk of harm for every inmate in that facility.” J.A. at 502. His analysis of jail records and inmate interviews revealed a pattern of violence among inmates and infrequent security checks by guards. During trial, the court granted plaintiff’s motion to dismiss Deputy Sheriff Conner. At the close of plaintiff’s proof, the court granted the directed verdict motions of Deputy Sheriffs Murph and Lynch because “no evidence was adduced showing that the deputies either knew or should have known that an assault on the plaintiff was highly foreseeable.” Id. at 83. In granting directed verdict motions in favor of former County Executive Lon Boyd and current County Executive Keith Westmoreland, the district court found “that no proof was adduced showing that either Mr. Boyd or Mr. Westmoreland committed any act against plaintiff or created any policy proximately causing harm to the plaintiff.” Id. at 82-83. Finally, the court granted a directed verdict for all defendants on plaintiff’s claim that inadequate lighting and overcrowding caused plaintiff’s injuries.

At the close of evidence, the court instructed the jury to consider plaintiff’s § 1983 claim under the Eighth and Fourteenth Amendments. On September 25, 1989, the jury returned a judgment against defendants Sullivan County, Gardner, and Hawkins and awarded plaintiff $100,000 in compensatory damages. The court awarded plaintiff an additional $40,000 on his state law claims against Sullivan County; however, this amount was subsumed within the amount awarded on the federal claim. Defendants’ motion for judgment notwithstanding the verdict or, alternatively, for a new trial was denied on October 24, 1989. This timely appeal followed.

Plaintiff on appeal challenges the directed verdicts, various rulings at trial, and the calculation of damages. Sullivan County, Gardner, and Hawkins appeal the denial of their directed verdict motion, the jury instructions, and the exclusion of Deputy Murph’s testimony, as well as the state law judgment.

II

We first consider whether the court erred in directing a verdict against plaintiff on the claim that “systemic deficiencies” at the prison caused plaintiff’s injuries in violation of the Eighth Amendment. In reviewing a district court’s disposition of a motion for a directed verdict or for a judgment notwithstanding the verdict, we examine

whether there was sufficient evidence to raise a material question of fact for the jury.... “[T]he trial court may neither weigh the evidence, pass on the credibility of witnesses nor substitute its judgment for that of the jury. Rather, the evidence must be viewed in the light most favorable to the party against whom the motion is made.”

Frost v. Hawkins County Bd. of Educ., 851 F.2d 822, 826 (6th Cir.) (quoting More[550]*550lock v. NCR Corp., 586 F.2d 1096, 1104-05 (6th Cir.1978)), cert. denied, 488 U.S. 981, 109 S.Ct. 529, 102 L.Ed.2d 561 (1988). The motion is properly granted where “there is ‘either a complete absence of proof on the issues or no controverted issues of fact upon which reasonable men could differ.’ ” Arthur S. Langenderfer, Inc. v. S.E. Johnson Co., 917 F.2d 1413, 1419 (6th Cir.1990) (quoting Milstead v. International Bhd. of Teamsters, 580 F.2d 232, 235 (6th Cir.1978)), cert. denied, — U.S. -, 112 S.Ct. 51, 116 L.Ed.2d 29 and cert. denied, — U.S. -, 112 S.Ct. 274, 116 L.Ed.2d 226 (1991).

We have recently reaffirmed that

the legal standard applicable to determining whether a violation of the eighth amendment occurred in the context of an assault upon an inmate is whether the defendants’ conduct amounted to a ‘deliberate indifference’ to a risk of injury to the plaintiff. The Supreme Court in Whitley [v. Albers, 475 U.S. 312, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986)] concluded that in order to support an action under section 1983, plaintiffs must establish something more than lack of ordinary due care, inadvertence or error. Instead, the conduct must be ‘obdurate’ or ‘wanton’

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Bluebook (online)
956 F.2d 545, 35 Fed. R. Serv. 117, 1992 U.S. App. LEXIS 1685, 1992 WL 19466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-sullivan-county-ca6-1992.