I-Kiem Smith v. J Price

610 F. App'x 113
CourtCourt of Appeals for the Third Circuit
DecidedApril 21, 2015
Docket14-3865
StatusUnpublished
Cited by2 cases

This text of 610 F. App'x 113 (I-Kiem Smith v. J Price) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
I-Kiem Smith v. J Price, 610 F. App'x 113 (3d Cir. 2015).

Opinion

OPINION *

PER CURIAM.

I-Kiem Smith, a Pennsylvania inmate proceeding pro se and in forma pauperis, appeals from the District Court’s order granting summary judgment to the defen *115 dants on his 42 U.S.C. § 1983 complaint. For the reasons set forth below, we will affirm in part and vacate in part the District Court’s order and remand for further proceedings.

I.

On February 17, 2011, correctional staff at the State Correctional Institute in Smithfield, Pennsylvania, used force against Smith twice. The first incident occurred after Smith’s exercise period when, for reasons the parties dispute, several guards grabbed Smith and pressed him against an exercise pen. The second incident occurred shortly thereafter when the guards were escorting Smith back to his cell. For reasons that are again disputed, several guards forced Smith to the ground and struggled to shackle and restrain him. Prison video cameras recorded both incidents from multiple angles, but the recordings are silent and do not show everything. After the incidents, two of the defendants filed misconduct reports against Smith for resisting them. Smith was found guilty of one of the misconducts; the other was dismissed as duplicative.

Smith then commenced the foregoing § 1983 action, alleging excessive force, retaliation, deliberate indifference to his medical needs, and due process violations against numerous defendants. On the defendants’ motion, the District Court dismissed many claims and defendants, leaving only Smith’s excessive force and retaliation claims against the defendants that used force on him and his retaliatory discipline claims against defendants Harper and Lear.

After discovery, the remaining defendants moved for summary judgment. The Magistrate Judge recommended granting summary judgment, primarily based on the video evidence. The District Judge agreed and granted summary judgment to the defendants. Smith timely appealed.

II.

We have jurisdiction pursuant to 28 U.S.C. § 1291, and we exercise plenary review over a District Court’s decision to grant summary judgment. Giles v. Kearney, 571 F.3d 318, 322 (3d Cir.2009). Summary judgment is appropriate when the record establishes that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). In making this determination, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, in a case such as this one, where there are video recordings of the incidents in question, we need not adopt the non-movant’s version of the facts if the recordings “blatantly contradict ]” the non-movant’s version “so that no reasonable jury could believe it.” Scott v. Harris, 550 U.S. 372, 380, 127 5.Ct. 1769, 167 L.Ed.2d 686 (2007).

In his appellate brief, Smith limits his arguments to his excessive force claims. To recover on a claim of excessive force under the Eighth Amendment, a plaintiff must show that his treatment amounted to an “unnecessary and wanton infliction of pain.” Whitley v. Albers, 475 U.S. 312, 320, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986). Whether the use of force rises to such a level is determined by “ ‘whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.’ ” Hudson v. McMillian, 503 U.S. 1, 6, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992) (quoting Whitley, 475 U.S. at 320-21, 106 S.Ct. 1078). In resolving this question, a court must evaluate “(1) the need for the *116 application of force; (2) the relationship between the need and the amount of force that was used; (3) the extent of injury-inflicted; -(4) the extent of the threat to the safety of staff and inmates, as reasonably perceived by the responsible officials on the basis of the facts known to them; and (5) any efforts made to temper the severity of a forceful response.” Giles, 571 F.3d at 326. “Force that exceeds that which is reasonable and necessary under the circumstances is actionable.” Id. at 328.

Smith contends that the defendants’ uses of force were sadistic and malicious because they were unprovoked and unjustified. Although video evidence portrays the incidents, he argues that it does not blatantly contradict his account, and that the District Court erred by construing the evidence in favor of the defendants. In other words, Smith argues that the District Court took the exception in Scott too far. After careful review of the video evidence, we disagree with Smith as to the first incident, but agree as to the second.

The two videos of the first incident begin with Smith exercising alone in his exercise pen. They then show defendant Price approach Smith’s pen, and the two appear to engage in a discussion, the content of which is disputed and not resolved by the silent videos. Several other guards arrive and, after additional discussion, one of the guards handcuffs Smith through the pen door. As the same guard prepares to open the door, Smith’s side faces the door. Another guard then speaks to Smith and points to the back of the pen, after which Smith moves so that his back faces the pen door. A guard then opens the door and, while exiting, Smith turns to face the guards and steps toward them. Several guards then push Smith into the opposite pen gate, where they hold him still for several seconds before releasing pressure and leading him down the corridor to his housing unit.

The defendants contend they used force on Smith because, by turning to face and step towards them, he violated prison rules and orders to exit the pen backwards. Smith contends no such rule exists and that he received no such orders, but the evidence as a whole clearly contradicts his contentions. First, the Restricted Housing Unit (“RHU”) handbook states that inmates are to- face away from the cell door before exiting and that they will be backed out of the cell. Smith contends that this applies to cells, not exercise pens, but additional video evidence Smith submitted of other inmates exiting an exercise pen blatantly contradicts this assertion. In it, before exiting the exercise pen, two inmates stand with their backs to the pen door. Once the pen door is opened, the inmates are slowly backed out of the pen one at a time.

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Bluebook (online)
610 F. App'x 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-kiem-smith-v-j-price-ca3-2015.