German Williams v. David Cruiseturner

148 F.3d 983
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 6, 1998
Docket97-3002
StatusPublished
Cited by1 cases

This text of 148 F.3d 983 (German Williams v. David Cruiseturner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
German Williams v. David Cruiseturner, 148 F.3d 983 (8th Cir. 1998).

Opinion

MURPHY, Circuit Judge.

German Williams, an inmate in the custody of the Arkansas Department of Corrections (ADC), brought a pro se action under 42 U.S.C. § 1983, After a trial on the merits, the district court 2 ordered the entry of judgment against Captain L.D. Smith, David Cruiseturner, and nurse Debra Davis in the amount of $500 each. It found that these defendants 3 had violated Williams’ eighth amendment lights by knowingly requiring him to perform labor made dangerous by his medical condition, resulting in a back injury. Smith and Cruiseturner appeal, 4 and we affirm.

*985 The facts, viewed most favorably to Williams as they must be, see Limited Flying Club, Inc. v. Wood, 632 F.2d 51, 52 (8th Cir.1980), are as follows. In the summer and fall of 1994 the ADC had an inmate construction crew building an addition to the jail at the Jefferson Regional Jail Facility. There was a deadline for the project, and the crew had to do the necessary digging by hand because a baekhoe broke down. Williams arrived at the Jefferson jail on July 8, 1994, and was assigned temporarily to a construction job on July 11. He had previously incurred a back injury in a car accident in February, 1993, and he also suffered from hypertension which required medication. Because of these problems he had been assigned a medical classification of M-2P when he entered the prison system. This classification meant that he was to do no prolonged stooping, walking, standing, or “strenuous physical activity for periods in excess of four hours.”

Williams informed the classification officer at the jail of his physical restrictions and said that he could not do construction work because it was too strenuous for him and that he wanted to see a medical consultant before having to begin his work assignment on July 12. He was scheduled to appear before the classification committee on July 13 for a determination about whether his temporary assignment to a construction crew was appropriate.

Williams’ attempts to avoid the work assignment were unsuccessful, and he had to begin construction work on July 12. His assigned work included toting twelve inch cement blocks, pushing wheelbarrows full of cement, and carrying steel rebars. On the same day he began work, he saw nurse Davis, an ADC health care provider, about his concern that the work would make his health problems worse. He told her about his medical restrictions and back problems. She did nothing in response, however, because she did not yet have his medical records. Williams signed a release for the records, and Davis told him she would check on them right away. She never did, and when Williams was finally able to see the classification committee on July 27, two weeks after the original appointment, he was permanently assigned to construction without a review of his records.

Defendant Smith was the Captain and Chief of Security at the jail and he served on the classification committee. Before the July 27 committee meeting, Williams had informed Assistant Warden Clifford Terry about his problems and Terry raised them before the committee. There were indications at trial that two members of the committee would have preferred not to make a permanent assignment for Williams until after his medical records arrived and were available to the committee. Captain Smith wished to proceed without them because nurse Davis was not present to confirm whether or not she had requested the medical records. Smith’s point of view prevailed, and a permanent assignment to general construction work was made without benefit of Williams’ medical records. After Williams began work, he made several written requests to meet with Smith to discuss his situation but never received any response. He also informed Smith that he had a medical slip for two fifteen minute hot showers daily to help alleviate his back pain but that security was not allowing the showers. Smith never did anything to meet with Williams or to help him gain access to the prescribed showers.

Defendant Cruiseturner was responsible for placing work crews on ADC jobs and was the safety officer for construction. He also was in charge of classification of work crews for jobs. After Williams was placed on permanent construction duty by the classification committee, he was assigned to dig footings for the new jail. This required Williams to work with a pick and shovel for five hours at a time. His work day began at 7 in the morning and extended the whole day, with up to an hour break at noon. He informed his supervisor about his restrictions and the dangers to him of this type of work, but no action was taken. On one occasion Williams reported that his high blood pressure was being aggravated by the heat, and he was sent to sit on a bench in the shade. Cruise-turner drove up while Williams was recovering on the bench. He ordered Williams back *986 to work, and directed another inmate to destroy the bench. The magistrate found that Williams told Cruiseturner he was sick with high blood pressure but that Cruiseturner forced him to return to work anyway. Sometime before November 10, when Williams suffered a back injury, he spoke to Cruise-turner about the fact that the work he was required to do violated the medical restrictions on his activities, but Cruiseturner did nothing in response.

Williams continued his efforts to obtain an adequate evaluation of his medical condition by health care providers but met with little success. When Davis failed to obtain his medical records as promised, Williams took his own copies to the nurse but she would not accept them because they had not arrived from his former doctor. Williams signed another release to have the records sent, but they did not arrive because the jail sent the request to the wrong address.

Williams suffered a herniated disc while pushing a wheelbarrow uphill on November 10. At that time he was still being required to perform tasks that exceeded his medical limitations, and he had never been reevaluated by a doctor as promised even though his records finally had arrived at the jail approximately one week before the accident. As a result of the new injury he is further limited in his activities'and is required to undergo continuing treatment.

Williams appeared pro se at the hearing before the magistrate judge. The attorney general represented the ADC defendants, and Davis had private counsel. Williams testified on his own behalf, and was subject to cross examination by both attorneys. A number of inmates and prison personnel also testified. After hearing all the evidence, the magistrate ruled for Williams, finding that Smith and Cruiseturner knew of his medical condition and still assigned him .to work that was beyond his capacity. and ignored his pleas for assistance and further inquiry. The magistrate credited Williams’ version of the events. He noted that Cruiseturner could not remember crucial details about his interaction with Williams and that Smith had ignored Williams’ request for interviews and medical script for showers.

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Related

German Williams v. Larry Norris
148 F.3d 983 (Eighth Circuit, 1998)

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Bluebook (online)
148 F.3d 983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/german-williams-v-david-cruiseturner-ca8-1998.