Jackson v. Morgan

19 F. App'x 97
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 27, 2001
Docket00-6129
StatusUnpublished
Cited by15 cases

This text of 19 F. App'x 97 (Jackson v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Morgan, 19 F. App'x 97 (4th Cir. 2001).

Opinions

OPINION

DUFFY, District Judge:

Appellants Locklear, Maddox, Fenton, Hicks, Aulu, Morgan, and Nelson appeal from a jury verdict in the amount of $1 actual damages and a total award of $9,500 punitive damages. Appellants argue, inter alia, the district court erred in denying their motion for judgment as a matter of law. For the reasons set forth below, we reverse.

I.

Jackson brought claims under 42 U.S.C. § 1983 against Appellants for excessive force violating his Eighth Amendment rights. Appellants worked at the Maryland Correctional Adjustment Center, where Jackson was incarcerated during [99]*99the relevant times in this case. Appellants were the response team sent to Jackson’s cell by the duty officer who had already decided to remove Jackson from his cell for an earlier disturbance and to place him in the isolation cell. Jackson alleged Appellants used excessive force January 11-18, 1994, in two instances: (1) Appellants’ use of pepper spray inside Jackson’s cell, and (2) Appellants’ placement of Jackson into an isolation cell known as “the pink room” for two days wearing only underwear and in three-point mechanical restraints and after spraying him with pepper spray.

On January 11, 1994, Lieutenant Locklear responded to Jackson’s cell as the Duty Lieutenant in charge of all housing on that particular shift. The shift commander had ordered Jackson removed from his cell and placed in an isolation cell because he had been causing a disturbance. Lieutenant Locklear attempted to carry out that order with authorization to use pepper spray if necessary.

Jackson refused to comply with removal procedures and the orders of Lieutenant Locklear. Pursuant to regulations, Lieutenant Locklear ordered Jackson to remove and deliver his clothing for inspection prior to opening Jackson’s cell. Also according to regulations, Appellants then began to videotape their actions. Jackson still failed to comply, and Lieutenant Locklear sprayed pepper gas into Jackson’s cell. The pepper spray hit Jackson in his face and groin. After twelve bursts of pepper spray at three different times and after repeated orders to comply, Jackson complied with removal procedures.

After removal, Jackson was taken to the medical department for treatment. The registered nurse on duty washed his head under running water and allowed him to wipe his groin with wet paper towels. Jackson was in three-point restraints during his flushing of the pepper spray. The response team then escorted Jackson to the isolation cell. Jackson was provided clean underwear and left in three-point mechanical restraints.

The district court allowed two of Jackson’s claims to be submitted to the jury. Those two claims were for the amount of pepper spray used by Lieutenant Locklear and for Jackson’s placement in the isolation cell for two days. The district court gave the jury a verdict form containing eleven pages of special interrogatories to assist its determination. The jury returned a verdict for Appellants on Jackson’s claim for the use of pepper spray on January 11, 1994, but the jury found against Appellants for Jackson’s claim of excessive force for his stay in the isolation cell. The jury also found Jackson proved by a preponderance of the evidence, but not by clear and convincing evidence, Appellants acted with malice. The jury then awarded $1 actual damages and punitive damages against specific Appellants totaling $9,500. The district court denied Appellants’ motion for judgment as a matter of law in a post-trial order.

II.

We review de novo a district court’s legal determinations under a Rule 50(b) motion for judgment and determine questions of the sufficiency of the evidence on whether a reasonable jury, based upon the evidence presented, could have reached their verdict. Trimed, Inc. v. Sherwood Medical Co., 977 F.2d 885, 888 (4th Cir.1992). The evidence is viewed in the light most favorable to the party against whom the motion is made, and that party given the benefit of all reasonable inferences. We will not reweigh the evidence or judge credibility. GSM Dealer Servs., Inc. v. Chrysler Corp., 32 F.3d 139, 142 (4th Cir.1994).

[100]*100Appellants argue the district court erred in denying their motion for judgment as a matter of law because Jackson failed to establish the objective and subjective requirements of an excessive force claim. Specifically, Appellants argue that Jackson failed to establish they “acted with a sufficiently culpable state of mind and the deprivation suffered was not sufficiently serious.” We agree.

The Eighth Amendment expressly prohibits the infliction of “cruel and unusual punishments.” U.S. Const, amend. VIII. “It not only out-laws excessive sentences but also protects inmates from inhumane treatment and conditions while imprisoned.” Williams v. Benjamin, 77 F.3d 756, 761 (4th Cir.1996); see Wilson v. Seiter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991); Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). To succeed on any Eighth Amendment claim for cruel and unusual punishment, a prisoner must prove: (1) objectively the deprivation of a basic human need was sufficiently serious, and (2) subjectively the prison officials acted with a “sufficiently culpable state of mind.” Wilson, 501 U.S. at 298, 111 S.Ct. 2321; Williams, 77 F.3d at 761.

We are mindful that prison officials should be allowed latitude in taking preventive measures to maintain safety of the officers and medical workers. The Supreme Court has clearly recognized the danger of overstepping the boundaries of judicial review in this area:

“Prison administrators ... should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security.” That deference extends to a prison security measure taken in response to an actual confrontation with riotous inmates, just as it does to prophylactic or preventive measures intended to reduce the incidence of these or any other breaches of prison discipline. It does not insulate from review actions taken in bad faith and for no legitimate purpose, but it requires that neither judge nor jury freely substitute their judgment for that of officials who have made a considered choice.

Whitley v. Albers, 475 U.S. 312, 321-22, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979)).

III.

The objective element of an excessive force claim requires more than a de minimis use of force. The Supreme Court has proscribed recovery based on de minimis force, unless that use of force is “repugnant to the conscience of mankind.” Hudson v.

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Bluebook (online)
19 F. App'x 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-morgan-ca4-2001.