Griffin v. Penn

2009 NMCA 066, 213 P.3d 514, 146 N.M. 610
CourtNew Mexico Court of Appeals
DecidedJune 10, 2009
Docket27,786
StatusPublished
Cited by12 cases

This text of 2009 NMCA 066 (Griffin v. Penn) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Penn, 2009 NMCA 066, 213 P.3d 514, 146 N.M. 610 (N.M. Ct. App. 2009).

Opinion

OPINION

VANZI, Judge.

{1} Plaintiff, a prisoner pro se, brought excessive force and inadequate medical care claims against Defendant prison medical director. Defendant moved for summary judgment arguing that she was not liable under 42 U.S.C. § 1983 (1986) for violating Plaintiffs rights under the Eighth Amendment to the United States Constitution. The district court granted Defendant’s motion for summary judgment, and Plaintiff appealed. We affirm.

I. BACKGROUND

{2} This ease arises out of events that occurred at the Penitentiary of New Mexico in Santa Fe County. Correctional officers James Lopez and Sergeant John P. Marquez noticed that Plaintiff had covered the window of his cell door with a towel, a blanket, and a mattress. Plaintiffs actions were the second disruption to the normal operation of the North Facility of the penitentiary that morning and constituted a security risk. When Plaintiff refused to remove the obstruction, the officers did so by force. Plaintiff was then removed from his cell and placed in wrist restraints and ankle shackles (collectively, restraints) by officers Larry Grant and James Lopez. Plaintiff does not dispute that the restraints were applied to him because he deliberately created a security situation that required the officers to enter his cell and assert control over him. However, Plaintiff contends that he complied with all directives of the prison staff and offered no resistance after he was removed from his cell.

{3} Defendant was, at the time of the incident, a licensed physician and the medical director for the Penitentiary of New Mexico. Prison regulations state that “[mjedical personnel shall check the inmate when initially placed in restraints and every two hours thereafter while in restraints.” According to Defendant, she was not present when Plaintiff was removed from his cell and placed in restraints. However, after the restraints had been applied, Defendant looked at Plaintiffs legs and determined that they were correctly applied and not too tight. She was able to place her fingers through the restraints. During her examination, Defendant observed “small abrasions” on Plaintiffs legs which she considered “minor skin interruptions.” Other than the minor abrasions, which she did not consider an “excessive risk to [Plaintiffs] health and safety,” Defendant did not observe any lacerations on Plaintiffs ankles or wrists.

{4} Plaintiff disputes Defendant’s version of these events. According to Plaintiff, Defendant was present when the restraints were applied. Plaintiff claims that Defendant did not place her fingers between the restraints and his legs, and further states that he repeatedly told Defendant and others that the restraints were too tight and were injuring him.

{5} The restraints were kept on Plaintiff for roughly four hours. Throughout that period, and for several hours thereafter, the penitentiary activity logs indicate that Plaintiff continuously paced in his cell. At approximately 4:00 p.m. the restraints were removed because they were restricting Plaintiffs blood circulation, had caused wounds on his ankles, and because he showed a willingness to comply with staff. Plaintiff asserts that the severity of the injuries he suffered as a result of the tightened restraints was intensified by a subsequent infection of the wounds. The infection, Plaintiff claims, resulted from Plaintiff being forced to urinate on himself because Defendant and the correctional officers monitoring him allegedly denied Plaintiff access to, or use of, a toilet despite his insistence that he needed to relieve himself. Plaintiff does not dispute that he was provided medical treatment for his wounds by prison medical staff at that time and again on at least five other occasions.

{6} In his amended complaint, Plaintiff asserted causes of action against Defendant under both state and federal law. Defendant filed a motion to dismiss the state law claims which the district court granted. Defendant subsequently moved for summary judgment on Plaintiffs Eighth Amendment prohibition against “excessive and unjustified physical force.” The district court granted Defendant’s motion and dismissed Plaintiffs complaint on two grounds: First, the district court found that, based on the pleadings and a video tape submitted by Defendant, “Plaintiff was not denied medical care by ... Defendant, nor was ... Defendant indifferent to his medical needs.” Second, the district court found that “Defendant ... did not participate in the placement of the [restraints] on ... Plaintiff, nor was she present when [restraints] were placed on ... Plaintiff. She did check the [restraints] on Plaintiff after they had been applied. Plaintiff cannot establish that Defendant was in control of this activity.” Thus, the court “agree[d] with ... Defendant ... that ... Plaintiff is unable to establish an Eighth Amendment [violation against Defendant.” Plaintiff appeals from this decision and argues that the district court erred in resolving undisputed issues of fact and that it improperly considered the video tape in making factual determinations.

II. DISCUSSION

A. Standard of Review

{7} “An appeal from the grant of a motion for summary judgment presents a question of law” that we review de novo. Tafoya v. Rael, 2008-NMSC-057, ¶ 11, 145 N.M. 4, 193 P.3d 551 (internal quotation marks and citation omitted). “Summary judgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.” Id. We review the record in the light most favorable to support a trial on the merits, Weise v. Washington Tru Solutions, L.L.C., 2008-NMCA-121, ¶ 2, 144 N.M. 867, 192 P.3d 1244, and we “construe all reasonable inferences from the record in favor of the party that opposed” summary judgment. Hamberg v. Sandia Corp., 2008-NMSC-015, ¶7, 143 N.M. 601, 179 P.3d 1209 (internal quotation marks and citation omitted). However, the party opposing summary judgment has the burden to “show at least a reasonable doubt, rather than a slight doubt, as to the existence of a genuine issue of fact.” Ciup v. Chevron U.S.A., Inc., 1996-NMSC-062, ¶ 7, 122 N.M. 537, 928 P.2d 263. To meet this burden, the party “cannot rely on the allegations contained in its complaint or upon the argument or contention of counsel to defeat it. Rather, the opponent must come forward and establish with admissible evidence that a genuine issue of fact exists.” Id. (citations omitted).

B. Eighth Amendment

{8} Claims of denial of appropriate medical treatment as well as excessive force can violate the Eighth Amendment’s prohibition on cruel and unusual punishment. We discuss each of these issues in turn as they relate to Plaintiffs contention that Defendant’s actions constituted “a deliberate indifference and reckless disregard for the clearly established constitutional right” to be free from cruel and unusual punishment.

1. Denial or Delay of Medical Care

{9} This Court has previously adopted the United States Supreme Court’s holding in Estelle v.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 NMCA 066, 213 P.3d 514, 146 N.M. 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-penn-nmctapp-2009.