Hill v. Kilbourne

157 F. Supp. 3d 545, 2015 U.S. Dist. LEXIS 175512, 2015 WL 9943541
CourtDistrict Court, M.D. Louisiana
DecidedNovember 10, 2015
DocketCIVIL ACTION NO. 11-778-JWD-SCR
StatusPublished
Cited by2 cases

This text of 157 F. Supp. 3d 545 (Hill v. Kilbourne) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Kilbourne, 157 F. Supp. 3d 545, 2015 U.S. Dist. LEXIS 175512, 2015 WL 9943541 (M.D. La. 2015).

Opinion

RULING AND ORDER

JUDGE JOHN W. deGRAVELLES, UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA

This matter comes before the Court on the Defendants’ Motion to Alter or Amend Judgment (R. Doc. 134) filed by Tyrone Kilbourne and Percy Babin. Plaintiff Marcus D. Hill opposes the motion. (R. Doc. 136). No oral argument is necessary. Considering the law, facts in the record, and the arguments of the parties, the Defendants’ motion is denied.

A. Factual and Procedural Background

1. Introduction

I his is a case brought under 28 U.S.C. § 1983. Plaintiff claimed damages for excessive force applied in violation of his Eighth Amendment rights. A jury trial on this matter was conducted on March 16-17, 2015.

2. Plaintiff Marcus Hill’s testimony

At trial, the Plaintiff testified that, on September 2, 2011, he was an inmate at Dixon Correctional Center, a medium-security prison where the inmates have the freedom to walk around, visit, and engage in recreation when not working. On that day, it had started to rain, so he was walking toward his dorm. Hill passed Master Sergeant Kilbourne, who, after walking about twelve steps, turned and stopped Hill. Kilbourne asked, “What you got?”, and Hill showed Kilbourne that his hands were empty. After searching the ground, Kilbourne said that Hill “must have chewed it ... must have ate something.” Hill leaned his head and opened his jaws really wide, and Kilbourne looked inside his mouth. Hill even used his fingers to show that his mouth was empty. Hill testified that he complied with all orders, did not disobey Kilbourne, was not [548]*548aggressive and hostile toward him. and did not try to run away from him

According to Hill, at this time, Kil-bourne grabbed Hill’s neck and stuck his fingers in Hill’s mouth, at which time Hill began to fall backward down a hill. After four or five different tumbles, Kilbourne ended up on top of Hill with his knees on Hill’s back. Because of the rain, both were wet and had grass all' over them'. Kilbourne was pushing Hill’s face into the ground, and Hill could hardly breathe.

Hill testified that Kilbourne then hit his beeper and called for backup.1 Five or six officers then surrounded Hill and began putting their feet on his neck. They pulled Hill’s hands apart and pulled his feet apart. They told Hill to turn to the side and spit, which he did. • They cuffed and shackled Hill and then turned him back over. Hill identified Captain Babin and Kilbourne as two of the officers.

Hill said that the officers brought Hill to the bullpen and into the major’s office, where there are no video cameras. The officers emptied the bullpen. Hill was standing in the middle with all of the officers except Kilbourne. Hill waited there for five minutes while the officers were questioning him about various things.

According to Hill, Kilbourne then came into the office. Hill turned toward him, and Kilbourne hit him in the ear. After that, the other officers engaged him. Hill fell between the desk and the- wall. He was still-handcuffed with his hands behind his back. Hill backed down and put his head between his legs. They continued to beat him and continued to hit him while asking questions and calling names. According to Hill, the only reason they stopped was because Hill said 'he was diabetic and that anything done to him would be more detrimental than to a normal person. Finally, Kilbourne hit him one last time and said that it was for messing up his suit.

Hill said he was placed in a dry cell after the incident for three days. He said that the toilet did not flush. After a few days, the officers still found no contraband.

Hill testified that he was also not taken to see a doctor immediately and did not go to the infirinary on September 2, 2011. Hill testified that he suffered for three or four days in the hole. They then sent the nurse around but that the nurse did not enter the cell. Hill said his eye was hurting and that he had knots on his head but that the nurse did not come in and examine him. Hill said the nurse wrote that Hill was fine and left without doing anything.

Hill said he had knots on him, was swollen, and was in pain. Hill testified that, for days after the incident, his eyes were really- sensitive tp light, and he basically could not see out of one eye. He had to keep the hurt eye closed, which caused a headache.

Kilbourne wrote Hill up for three different defiances. As a result, Hill was placed in extended lockdown, where he could not go anywhere, use the phone, or have visits.

3. Durwin Abbot’s testimony

Durwin Abbot, another inmate at the facility, testified that he observed Kil-bourne and Babin bringing Hill to the bullpen. Hill was not trying to run, cursing, or struggling.

4. Douglas Stroughter’s testimony

Major Douglas Stroughter testified that the prison rules prohibit excessive force and physical abuse. Further, the rules [549]*549prohibit invasive searches by anyone other than a physician and require an immediate medical exam after any physical confrontation. Stroughter further stated that his post orders allow inmates to be brought into the major’s office for investigations of possible rule violations despite the fact that the offender rule book requires,that the inmates be placed in administrative segregation.

Regarding the incident, Stroughter said that he was one of the officers that escorted Hill into the major’s office, that they questioned Hill in the office, and that they brought Hill to the infirmary on that day for examination. Stroughter saw nothing else that day.

5.Anthony Miller and Frazier Bendtly’s testimony

Plaintiff showed at trial that Anthony Miller’s and Frazier Bendtly’s affidavits given earlier in the suit were virtually identical despite Miller’s testimony that his affidavit was given independently and on personal knowledge.

Miller went on to testify that he saw Hill struggling on the ground before Hill was handcuffed and brought into the major’s office. According to Miller, Kilbourne was not in the major’s office.

Bendtly said that he. observed Hill struggle and that he did not see anyone punch or kick Hill. Further, according to Bendtly, Kilbourne was not in the major’s office. Finally, Bendtly said Hill was chewing on something during the struggle to handcuff him and that Hill was jumping and pulling away, though these facts were omitted from his earlier affidavit.

6.Percy Babin’s tetimony

Percy Babin testified that, when he arrived on the scene, Kilbourne was getting ready to handcuff Hill, and Hill was chewing on something. Kilbourne never went into the major’s office. Afterward, Babin gave the order for Hill to go to the infirmary, but he did not see Hill there, Further, Kilbourne filed a workers’ compensation claim for the incident, though he was not injured.

7.Dr. Cleveland and Dr. Coullard’s testimony

Dr. Cleveland interpreted soine of the medical records. Cleveland found no evidence in any of the records that Hill was taken to the infirmary on September 2, 2011.

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

Related

Bradley v. Hardy
M.D. Louisiana, 2024
Osterhout v. Morgan
E.D. Oklahoma, 2020

Cite This Page — Counsel Stack

Bluebook (online)
157 F. Supp. 3d 545, 2015 U.S. Dist. LEXIS 175512, 2015 WL 9943541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-kilbourne-lamd-2015.