Friends v. Moore

776 F. Supp. 1382, 1991 U.S. Dist. LEXIS 14999, 1991 WL 211270
CourtDistrict Court, E.D. Missouri
DecidedOctober 17, 1991
DocketNo. 90-0934-C (5)
StatusPublished
Cited by1 cases

This text of 776 F. Supp. 1382 (Friends v. Moore) 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
Friends v. Moore, 776 F. Supp. 1382, 1991 U.S. Dist. LEXIS 14999, 1991 WL 211270 (E.D. Mo. 1991).

Opinion

MEMORANDUM AND OPINION

LIMBAUGH, District Judge.

Plaintiff, an inmate at Potosí Correctional Center, brought this action pursuant to 42 U.S.C. § 1983 against various prison officials. Plaintiff’s first amended complaint claims that defendants violated his constitutional rights by 1) beating him; 2) refusing him medical treatment after the beating; and 3) confining him for more than forty minutes in an outdoor recreation yard with no clothes after he was drenched with water. Plaintiff expressly waived his right to a jury trial and this case was tried before this Court sitting without a jury on January 3 and 4, 1991. This Court, having now considered the pleadings, the testimony of the witnesses, and the documents in evidence, hereby makes the following findings of fact and conclusions of law as required by Rule 52.

FINDINGS OF FACT

Plaintiff Terry L. Friends is an inmate currently incarcerated by the Missouri Department of Corrections and Human Resources. Plaintiff has been in prison since age 18 for various felony crimes, including violent crimes. At the time of trial, he was [1384]*1384thirty years old. Since August 10, 1989, plaintiff has been incarcerated at the Poto-sí Correctional Center (“PCC”), which is a maximum security facility.

At all relevant times, defendant Dick Moore was the Director of the Missouri Department of Corrections and Human Resources, defendant George Lombardi was the director of the Division of Adult Institutions, and defendant Paul Delo was the superintendent at PCC.

At all relevant times, defendant Lonnie Salts was a corrections officer III at PCC. In October 1989, he was in charge of Unit I at PCC, which housed Phase I prisoners, including plaintiff. His immediate supervisor was defendant Captain Jerry Pulliam, a corrections supervisor I at PCC. Defendant Larry Scott was a functional unit manager at PCC. Defendant Michael Bow-ersox was the acting assistant superintendent of PCC.

During October 1989, plaintiff was assigned to “Phase I,” a designation for problem prisoners, because of his persistent behavioral problems at other prisons, including assault of guards and concealment of weapons. The guards regarded him as a problem prisoner. Lt. Lonnie Salts knew plaintiff for several years, from the time plaintiff was incarcerated at the maximum security Missouri State Penitentiary. Salts testified that plaintiff had a reputation as a problem prisoner and that he was cited for conduct violations “almost constantly.”

In October 1989, plaintiff was about 6 foot 2 inches tall and weighed about 205 pounds. He admits sometimes having difficulty controlling his temper. At various times, prison physicians had prescribed him medications for behavior control. Plaintiff cannot read or write well.1 He stated that some of his past outbursts were attempts to get the attention of the warden to complain about actions of the guards. Since plaintiff could not read or write, he could not file a written grievance. He would ask the guards to see the warden, but they would laugh at him. He said he would then create a disturbance to get attention for his complaint.

On October 14, 1989, prison officials became aware that a Unit I inmate, Kevin Crump, had freed himself from handcuffs and leg restraints which were missing. Crump was housed about three or four cells down from plaintiff. The missing restraints caused serious concern about security because it indicated an inmate had a cuff key. Prison officials searched cells throughout Unit I to find the missing handcuffs and restraints. Later that day, at about 6:50 p.m., the missing restraints turned up — on plaintiff. Plaintiff called Capt. Norma Lavrrar to his cell and showed her the hand cuffs, which he was wearing on his arms in front. She asked him if he had anything else and he showed her the leg restraints, which he was also wearing. She again asked him if he had anything else. He smiled and said “I can’t give it to you now.”

Plaintiff testified that he wore the restraints and had the key to protest certain actions by prison officials. In his opinion, they were misusing their authority by leaving prisoners in handcuffs and shackles, leaving them stripped in their cells, and feeding them in paper bags.2 Plaintiff attempted to “bargain” with prison officials for a blanket and clothing for inmate Crump, whose clothing and furnishings prison officials had removed because Crump was on strip cell status.3

The cells in Unit I are constructed so that an inmate must back up to the door and place his hands or legs near in a “chuckhole” for guards, outside the cell, to put on and take off restraints. Plaintiff [1385]*1385voluntarily relinquished the restraints, which had been damaged. The guards removed the restraints from him, using bolt cutters to cut off the handcuffs. The guards suspected that plaintiff also possessed a homemade cuff key, but he failed to produce it. The guards removed plaintiff from his cell and searched the cell. The search revealed that plaintiffs state-issued mattress was destroyed, so it was removed from the cell.

The guards then took plaintiff to the medical services department at PCC for X-rays. The X-rays revealed a metallic foreign body in plaintiffs stomach which was believed to be a cuff key. Defendants ended the search for the key, returned plaintiff to his cell, and placed him on a 24-hour “defecation watch” in an attempt to recover the key after it had passed through his system. The water supply to plaintiffs cell was turned off and correctional officer Greg Connaway was assigned to examine plaintiffs feces for the key. Plaintiff was already on 24-hour lockdown within his cell, which meant he received his meals within his cell and was denied contact with other inmates. After the search, the guards issued plaintiff conduct violations for tampering with locking or safety devices, destroying state property, and theft for possession of the cuff key.

Plaintiff remained on defecation watch from about 7 p.m. on October 14 and throughout October 15. By the morning of October 16, 1989, plaintiff had been on defecation watch for about thirty-six hours. He had not had a bowel movement and defendants had not recovered the cuff key. That morning, defendants again had plaintiff X-rayed. The X-rays indicated that the cuff key remained in plaintiffs digestive tract. After the X-rays, plaintiff was returned to his cell.

Salts was the acting watch commander on October 16 and in charge of all the guards on duty that day. At about 8:30 a.m., Salts directed another search of plaintiffs cell in an effort to recover the key. At that point, plaintiff had been back from the medical facility for X-rays and in his cell for only a few minutes. To facilitate the search, plaintiff voluntarily submitted to the placement of leg restraints and handcuffs on him. Plaintiff was then taken to recreation room four (“rec area”), a walled-in area located outdoors within the prison complex, during the search.

At about 9:08 a.m., plaintiffs cell was searched while he was on the rec area. During that search guards discovered that plaintiff had damaged one pair of state shoes, three state sheets, three T-shirts and two pairs of state pants. There was no evidence as to when this damage occurred. Plaintiff said it had been damaged for a couple of weeks, that he had already been disciplined for it, but the property was never replaced.

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

Related

Gruenberg v. Gempeler
740 F. Supp. 2d 1018 (E.D. Wisconsin, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
776 F. Supp. 1382, 1991 U.S. Dist. LEXIS 14999, 1991 WL 211270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-v-moore-moed-1991.