Green v. Hallam

105 F. App'x 858
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 22, 2004
DocketNo. 03-2562
StatusPublished
Cited by4 cases

This text of 105 F. App'x 858 (Green v. Hallam) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Hallam, 105 F. App'x 858 (7th Cir. 2004).

Opinion

ORDER

Damir Green, an inmate at Tamms Correctional Center, an Illinois maximum security prison, contends that a strip search that included a digital rectal search violated his rights under the Fourth and Eighth Amendments. He appeals the district court’s grant of summary judgment for the defendants on his claim that the search violated his Fourth Amendment rights, and the district court’s grant of judgment as a matter of law on his claim that the manner in which the search was conducted violated the Eighth Amendment.

Green claims that in August 1999 he was subjected to a digital rectal search, after a prison guard was injured while attempting to unlock his cuffs. The guards contended that they conducted the search to ensure Green did not have a weapon. Green claims that the search was performed “with unreasonable cause” and therefore violated his Fourth Amendment rights. He also claims that the search was conducted in an unreasonable manner in violation of the Eighth Amendment because the guards “ripped” off his clothes, “fondled” him, and performed a digital oral and anal [860]*860search with “dirty leather gloves” for the sole purpose of humiliation. The parties consented to have a magistrate judge preside over the proceedings.

The district court granted summary judgment to the defendants on Green’s Fourth Amendment claim, concluding that prisoners do not have a Fourth Amendment interest in being free from strip searches. The court relied on Johnson v. Phelan, 69 F.3d 144, 150 (7th Cir.1995), and also cited Peckham v. Wis. Dep’t of Corrections, 141 F.3d 694, 697 (7th Cir. 1998), noting that the Eighth amendment was “more properly positioned” to protect an Green from the search.

The court subsequently denied the defendant’s motion to dismiss Green’s claim that the search was conducted in a manner that violated the Eighth Amendment; the court said that Green might be able to prove that the guards used excessive force against him, and permitted Green to proceed to trial on that claim.

At trial Green testified to the following. On August 19, 1999, two officers arrived at his cell and took him to a holding cell where he awaited his “Prisoner Review Board” hearing. He was strip-searched, handcuffed behind his back, and shackled. He complained that the handcuffs were too tight and asked that they be removed, but neither officer would remove them. After forty minutes in the holding cell, he tried to relieve pain in his arms and shoulders and “stepped through” his handcuffs so that his hands were in front of him.

Approximately three hours later, Captain Erick Hallam noticed that Green had “stepped through” his handcuffs. Green sensed that Hallam was angry that he had “stepped through” the cuffs. Hallam ordered Green to place his hands through the cuffing port and began to unlock Green’s cuffs. While unlocking his cuffs, Hallam noticed dental floss (contraband) that had been wrapped around his left wrist, and Green said that Hallam reacted violently by banging and twisting his cuffed right hand against the side of the cuffing port. Green said he responded in turn by “jerk[ing]” his right arm back inside the cuffing port “with all his might.” (Tr. Yol. I at 96, 108.) During the scuffle, Hallam’s hand was cut by the cuffs, and began bleeding.

Hallam closed the cuffing port and left to take care of his injury. Meanwhile, two other officers ordered Green to “cuff up.” According to Green, the officers dragged him from the holding cell to a shower and ripped off his clothes, causing his shackles to cut into his ankles and wrists. Green testified that the officers then undertook an invasive search of his body:

Officer Moore assisted me back to my feet. He was wearing a pair of dirty— black, leather dirty gloves. He proceeded to open my mouth up, lift — had me lift my tongue in the back and stuffted] and stick [sic] his fingers in my mouth, and then he went down to my genital area, searched] my genital area and lift[ed] my penis up and look[ed] under my feet and then he stuck his finger into my anus area.

(Tr. Vol. II at 39.)

After the search, Green was taken to the nurses’ station. He told the nurse that he had been attacked by the guards. According to the nurse, Green complained of pain in his right shoulder, wrist, and ankle. She noted a small abrasion on Green’s right ankle that was less then one inch, and not bleeding. She also noted that Green’s right wrist was pink, but the skin was not broken. Green testified that he specifically told the nurse about the digital rectal search and that he was in pain, but that she did not examine his anal area. On cross examination, Green admitted that no record (either from the nurse’s report that day or anytime thereafter) supported [861]*861his claim that he had complained of the digital rectal search or pain in his anal area. He testified that the absence of this detail from the nurse’s report was due to the institution’s “code of silence.” (Id. at 55.) He showed scars to the jury that had developed on his wrists and ankles as a result of the shackles.

The defendants countered with testimony from the prison guards, who denied Green’s claims about the degree of force they used and the extent of the search. For example, the officers that took him to the holding area testified that they had checked Green’s handcuffs to ensure that they were not too tight, and that Green never complained to them that they were. In addition, the officers who performed the strip search testified that they performed only a visual anal cavity search, and that no digital rectal search occurred.

After extended deliberations the jury could not reach a verdict on whether the guards who conducted the strip search violated the Eighth Amendment. The district court, however, ultimately granted the defendants’ motion for judgment as a matter of law, explaining that Green’s injuries were de minimis because his injuries consisted merely of a “small abrasion on his ankle.” (R. 106.)

We review de novo the district court’s grant of summary judgment on Green’s Fourth Amendment claim. See Mattson v. Caterpillar, Inc., 359 F.3d 885, 888 (7th Cir.2004). Summary judgment is appropriate only where, viewing the facts and all reasonable inferences therefrom, no genuine issue as to any material fact remains, and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Mattson, 359 F.3d at 888.

Green argues on appeal that the district court improperly granted summary judgment because the guards strip searched him in a “malicious and sadistic” manner in violation of the Fourth Amendment. He does not contend that the prison officials lacked cause to perform the search, but asserts that the Fourth Amendment protects him from digital rectal searches performed in an unreasonable manner. See Peckham, 141 F.3d at 697 (stating that a prison inmate does “enjoy” some “protection” under the Fourth Amendment); Del Raine v. Williford, 32 F.3d 1024

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Bluebook (online)
105 F. App'x 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-hallam-ca7-2004.