Linnell Richmond v. Darren Settles

450 F. App'x 448
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 2, 2011
Docket09-6285
StatusUnpublished
Cited by264 cases

This text of 450 F. App'x 448 (Linnell Richmond v. Darren Settles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linnell Richmond v. Darren Settles, 450 F. App'x 448 (6th Cir. 2011).

Opinion

OPINION

THOMAS L. LUDINGTON, District Judge.

Linnell Richmond, an inmate in the custody of the Tennessee Department of Corrections, filed a complaint pursuant to 42 U.S.C. § 1983, alleging claims for excessive use of force and unconstitutional confinement in violation of the Eighth Amendment against Darren Settles, Roger Duncan, Janice Sexton, Roscoe Byrd, Amanda Dagley, Jonathan Redmon, and Frank Conlon (“Appellees”).

The same day he filed his complaint, Richmond filed a motion for appointment of counsel because of his inability to afford counsel, his limited access to a law library, and his limited knowledge of the law. The district court denied Richmond’s motion, concluding that appointed counsel was not necessary at that juncture to ensure that Richmond’s claims were fairly addressed. Appellees and Richmond subsequently filed cross-motions for summary judgment. The district court granted Appellees’ motion for summary judgment, denied Richmond’s motion for summary judgment, and dismissed the case. The district court concluded that Richmond had not demonstrated more than de minimis injury in conjunction with his excessive force claim and that Appellees’ Behavioral Management treatment of Richmond did not constitute cruel and unusual punishment.

Richmond appeals the district court’s decision denying his motion for appointed counsel. Because the district court did not abuse its discretion in denying Richmond’s motion to appoint counsel, we AFFIRM. Richmond also appeals the district court’s decision granting Appellees’ motion for summary judgment on the § 1983 excessive force and conditions of confinement claims for violations of his Eighth Amendment rights. Because Richmond has not demonstrated more than de minimis injury or, in the alternative, has not adequately exhausted his administrative remedies, we AFFIRM.

I.

Richmond’s claims arise out of a series of events that began on September 12, 2007, while he was being escorted back to his cell from a disciplinary hearing in full restraints. Richmond alleges that Red-mon tripped him, causing him to fall and strike his shoulder. Conlon, along with other prison officials, then allegedly battered Richmond with their fists and feet.

*451 Richmond was then examined by nurse Patricia Redmon and then placed in a shower to be strip searched. Richmond’s medical record indicates that he “got a few scratches from the floor and [his] knee hurt[] from where the officers put [him] down on the floor.” ECF No. 88. He stated that he knew his own body and was otherwise “ok.” Id. Nurse Redmon noted no redness, swelling, heat or abrasion of the left knee, and that Richmond’s knee had a good range of motion. Id. She treated Richmond’s scratches with water, soap, and antibiotic ointment. Id. Richmond did not seek further medical care.

Richmond was subsequently held in the shower until Sexton and Dagley had removed all of his personal property from his cell. Richmond was placed in “Behavioral Management” segregation on September 12, 2007, at 10:45 a.m. ECF No. 83-3. He was allowed to wear only his t-shirt and boxer shorts. At 9:15 p.m. that evening, Richmond received two paper sheets. The following day at 8:00 p.m., he was given a blanket and a mattress. On September 17, 2007, Richmond was taken off Behavioral Management and his personal property was returned to him.

Richmond claims he did not receive breakfast or lunch on September 13 or 14 or breakfast on September 15, 16, and 17. He also claims he was denied a shower from September 12 through September 17. The Segregation Unit Record for September 12, 2007, through September 17, 2007, reflects that Richmond either did not receive these meals or he refused them, but that Richmond did receive at least one meal tray per day. ECF No. 83 Ex. 2. The Segregation Unit Record also reflects that Richmond took a shower on September 10 and September 17. Id.

Richmond filed a timely Notice of Appeal on October 19, 2009.

II.

A.

Richmond contends that the district court incorrectly decided the facts of his case and provides lengthy new factual allegations in his appellate brief. Richmond now challenges the quality of his medical care and the accuracy of his medical records reflecting the extent of his injuries. He also contends that he was coerced into pleading guilty at a disciplinary hearing, essentially identifying new claims against at least two new parties: Nurse Patricia Redmon and Sergeant Ralph Bennett. 1 Richmond also argues on appeal that his First Amendment rights were violated as a result of a false misconduct report being filed against him and that his Fourteenth Amendment rights were violated when his personal property was removed from his cell. The facts underlying these claims were known to Richmond at the time he filed his original complaint. Richmond sought to amend his complaint, but did not request leave to add these factual allegations or parties to his original complaint. He instead requested leave to add five “John Doe” defendants, to add new defendants under a respondeat superior theory of liability, and to add new factual allegations for events that occurred in June, July, August, September, and December 2008. ECF No. 99 at 4-5. The district court denied Richmond’s request because he had not stated claims against the “John Does,” because § 1983 liability *452 cannot be imposed solely on the basis of respondeat superior, and because the new factual allegations were unrelated to the allegations in the original complaint. Id.

“The appropriate method for adding new factual allegations ... is not via an appellate brief,” and new sets of facts alleged for the first time on appeal should be disregarded. Harvey v. Great Seneca Fin. Corp., 453 F.Sd 324, 328-29 (6th Cir.2006). Even though pro se litigants are held to a less stringent pleading standard than a party represented by counsel, allowing Richmond to present a new theory of the case on appeal that was not presented to the district court would permit him two bites at the apple; a practice that would be very disruptive of orderly trial procedure. See id. at 329; Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir.2003) (stating that a “pro se complaint must be held to less stringent standards than formal pleadings drafted by lawyers”); DeBardeleben v. Cummings, 453 F.2d 320, 324-25 (5th Cir.1972) (holding that a defendant may not “breathe new juridical life into a moribund issue” by asserting on appeal “an entirely new theory of the case, never presented to the District Court”). We will therefore consider “only those facts alleged in [the] complaint and the reasonable inferences that can be drawn from those facts.” Harvey, 453 F.3d at 329; see Evans-Marshall v. Bd. of Educ., 428 F.3d 223, 228 (6th Cir.2005).

B.

A district court has discretion to appoint counsel for an indigent civil litigant. 28 U.S.C.

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450 F. App'x 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linnell-richmond-v-darren-settles-ca6-2011.