Lockett v. Suardini

526 F.3d 866, 2008 U.S. App. LEXIS 10359, 2008 WL 2037610
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 14, 2008
Docket06-2392
StatusPublished
Cited by164 cases

This text of 526 F.3d 866 (Lockett v. Suardini) 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
Lockett v. Suardini, 526 F.3d 866, 2008 U.S. App. LEXIS 10359, 2008 WL 2037610 (6th Cir. 2008).

Opinions

GILMAN, J., delivered the opinion of the court, in which SUTTON, J., joined. MOORE, J. (pp. 878-79), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

James A. Lockett, a prisoner at the Alger Maximum Correctional Facility in Michigan, is serving a sentence of 7 to 15 years for assault. During a misconduct hearing at the prison, Lockett became angry and used crude language to insult the hearing officer. He claims that two prison guards responded by forcibly removing him from the hearing room and assaulting him, thereby causing him to suffer minor cuts and lacerations. He further alleges that two prison nurses refused to treat his injuries.

Lockett subsequently filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the two prison guards and the two nurses employed by the Michigan Department of Corrections (MDOC), alleging that his First Amendment right of free speech was violated when the prison guards attacked him and the nurses denied him medical treatment in retaliation for insulting the hearing officer. He also claims that his Eighth Amendment right to be free from cruel and unusual punishment was violated by the prison guards, who allegedly used excessive force against him, and by the nurses, who purportedly denied him medical treatment for his injuries. The prison guards, on the other hand, contend that Lockett became belligerent and threatening upon leaving the hearing and that they used reasonable force to control him. Furthermore, Lockett’s medical records showed that one of the nurse-defendants was never contacted to see him following the incident. The other nurse, who saw him twice within 24 hours of the incident, attested that she did not observe any injuries, nor did he tell her of any.

For the reasons set forth below, we AFFIRM the judgment of the district court, which granted summary judgment in favor of all the defendants.

I. BACKGROUND

A. Factual background

On July 21, 2004, Lockett attended a prison administrative hearing to face charges of misconduct that had been filed against him by a prison officer. The nature of that misconduct is not described in [869]*869the record and is not relevant to this appeal. During the hearing, Lockett became angry with Hearing Officer L. Maki. Lockett stated in his affidavit that his anger was “not due to the misconduct report against [him],” which he considered to be false, but because he believed that Maki had “conspired with various staff officers in regards to the misconduct report,” was “in cahoots” with the prison officer who had filed the misconduct charges, and ran a “kangaroo court.” “I felt a need to tell this hearings officer exactly] how I felt, and I called this hearings officer ‘a foul and corrupted bitch,’ expressing (verbally) the way I felt towards this H.O.” In his complaint, he explained, “I just wanted Hearing Officer L. Maki ... to know how I felt[ ].” Maki immediately terminated the hearing and instructed the guards to take Lockett back to his cell. The parties do not dispute the foregoing facts, but tell differing stories about what happened next.

Lockett claims that Joseph Suardini, one of the two prison guards (known as resident unit officers, or RUOs) who had accompanied him to the hearing, responded to Lockett’s comment by forcing Lockett out of his chair, shoving him out of the hearing room, and attempting to throw him head first down a flight of stairs. Suardini did not succeed in throwing him down the stairs, Lockett contends, only because the second RUO, Harry Irvine, was holding onto the restraint straps attached to Lockett’s handcuffs. According to Lockett, Suardini then assaulted him by trying to push Lockett’s head into a wall, attempting to choke him, and grabbing Lockett by the throat, all of which caused Lockett to suffer what he described as “minor lacerations and cuts.” Lockett admits that he then bit Suardini’s hand, but claims that he did so only in self-defense. RUO Irvine allegedly joined in the assault by bending back Lockett’s first two fingers, which Lockett believed was an attempt to break them. Lockett claims that the assault continued as Irvine and Suardini took him back to his cell, where he says that he was placed in soft restraints.

Robert Palmer, a fellow inmate, submitted an affidavit stating that he witnessed the altercation outside of the hearing room while cleaning a nearby common area. He attests that he observed Suardini and Irvine escorting Lockett from the disciplinary hearing, and that he saw Suardini grab Lockett’s jaw and face, “pull” Lockett down the stairs, and “slam” Lockett into the wall. Palmer also states that Irvine was pulling Lockett’s handcuff strap “using Extreme Force,” and that “[a]t NO TIME prior to this altercation had resident Lockett ... made any aggressive motions toward staff.”

Irvine and Suardini tell a substantially different version of the altercation. They contend that, as they removed Lockett from the hearing room following his comment to Maki, Lockett lunged toward Maki. This caused Suardini to grab Lockett’s restraints. Suardini and Irvine further claim that, upon leaving the hearing room, Lockett became disruptive and yelled at Suardini: “If I could get these cuffs off I’d kill you.” Lockett’s complaint and affidavit do not address whether he made such a threat, although he denies that he had lunged toward Maki. The officers also assert that, as they escorted Lockett down a flight of stairs toward his cell, Lockett kicked Suardini, tried to break free, and got a hold of and twisted Suardini’s fingers. Suardini’s affidavit states that he tried to restrain Lockett by putting his arm around Lockett and wrestling Lockett to the floor until additional help arrived.

The incident reports filed by Irvine and Suardini further recount that they, with [870]*870help from other officers, restrained Lockett against a wall and that Lockett fell to the floor in the process. At that point, Lockett bit Suardini’s hand and continued to struggle against the officers. Irvine, Suardini, and the other officers finally returned Lockett to his cell, where they say that Lockett refused to let them remove his restraints. Suardini denies that he assaulted and tried to choke Lockett. He also claims that he and Irvine were taken to a hospital to receive treatment for unspecified injuries that they sustained in the altercation. The incident reports and affidavits filed by Irvine and Suardini are consistent with each other and with the statements filed by other prison officers who witnessed the altercation and assisted in restraining Lockett.

Lockett asserted in his complaint that the assault caused “open wounds” on both of his hands, his forehead, and knee, and that these injuries caused him “extreme pain.” But in his affidavit responding to MDOC’s motion for summary judgment, Lockett described these injuries as “minor lacerations and cuts on his forehead, left knee and both wrists, with dryed-up [sic] blood.” Palmer’s affidavit makes no mention of Lockett’s injuries.

The parties also tell different stories regarding whether Lockett was denied medical treatment for the injuries he sustained in the above-described incident. Lockett asserts in his complaint that, following the alleged assault, he informed Nurse Nancy Blackford of his injuries. He claims that Blackford refused to treat him.

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526 F.3d 866, 2008 U.S. App. LEXIS 10359, 2008 WL 2037610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockett-v-suardini-ca6-2008.