Margaret Woods v. Robert Lecureux

110 F.3d 1215, 46 Fed. R. Serv. 1110, 1997 U.S. App. LEXIS 6499, 1997 WL 159881
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 8, 1997
Docket95-2017
StatusPublished
Cited by231 cases

This text of 110 F.3d 1215 (Margaret Woods v. Robert Lecureux) 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
Margaret Woods v. Robert Lecureux, 110 F.3d 1215, 46 Fed. R. Serv. 1110, 1997 U.S. App. LEXIS 6499, 1997 WL 159881 (6th Cir. 1997).

Opinions

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 1226-27), delivered a separate opinion concurring in part and dissenting in part.

MOORE, Circuit Judge.

Plaintiff-Appellant Margaret Woods appeals from the district court’s order granting judgment as a matter of law in favor of both defendants in this § 1983 action brought on behalf of her deceased son, Larry M. Billups, who was murdered while incarcerated in the Michigan prison system. Woods contends that the defendants, Michigan prison officials, violated her son’s Eighth Amendment rights by failing to prevent his murder. We affirm in part and reverse in part.

I. BACKGROUND

Larry Billups was murdered on May 15, 1989, while he was returning to his cell after breakfast at the State Prison of Southern Michigan (“SPSM”), in Jackson, Michigan. The assassins, known members of the Melanie Islamic Palace of the Rising Sun (“the Melanies”), a prison organization, stabbed [1218]*1218Billups, also a member of the Melanies, in the neck with a prison-made knife. Billups managed to run down two flights of stairs before collapsing and ultimately bleeding to death. He had been at SPSM for only ten days. Prior to his stay there, he was incarcerated at Kinross Correctional Facility (“KCF”), in Michigan’s Upper Peninsula. On April 18, 1989, while still at KCF, Billups was implicated along with several other prisoners in the assault and robbery of his roommate, Morris Barlow. Immediately after that incident, Billups was placed in a segregation unit. Because of the assault, he soon received an “increased custody transfer” to SPSM. J.A. at 704.

Appellant contends that Billups was murdered as a direct result of his involvement in the attack on Barlow. According to her, by engaging in an unauthorized assault, Billups ended up on the wrong side of the leaders (“topheads”) of the Melanies, and he was then murdered pursuant to a hit contract sanctioned by one of the topheads. A document prepared by a corrections investigator with the Michigan Department of Corrections essentially confirms these contentions. See J.A. at 675, 679.

Although appellant’s complaint originally named as defendants numerous Michigan prison officials, she subsequently voluntarily dismissed all of them except Art Tessmer, the Deputy Warden of Security at KCF, and John Jabe, the Warden at SPSM. The crux of appellant’s argument against Tessmer is that he knew of the dangers facing Billups as a result of Billups’s participation in the assault on Barlow, but, due to his deliberate indifference, failed to inform the proper authorities at SPSM of these dangers. As for Appellee Jabe, appellant contends that he knew of an unacceptably high risk to prisoners housed in 6-Block, the area in which Billups resided at SPSM, but failed to take the steps to reduce that risk.

The case proceeded to trial. After appellant rested her case, the district court granted both defendants’ motions for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The court found that even if Tessmer had known of the dispute between Billups and the Melanies, his failure to act upon that knowledge “might reasonably be characterized as negligent, but certainly not as deliberately indifferent, wanton, or obdurate.” District Ct.Op. at 3; J.A. at 68. In granting Jabe’s motion, the court stated that “[tjhere is no evidentiary basis for a jury finding deliberate indifference or wanton or obdurate behavior on the part of defendant Jabe.” District Ct.Op. at 4; J.A. at 69. In addition to appealing both of these conclusions, appellant contends that the district court erred in four of its evidentiary rulings. We turn first to the evidentiary issues.

II. EVIDENTIARY ISSUES1

A. Exclusion of Michigan Evidence

Appellant alleges that the district court erred by excluding various parts of the record, including documents and exhibits, from the ongoing case of United States v. Michigan. We review the district court’s exclusion of this evidence for abuse of discretion. See Muzquiz v. W.A. Foote Mem’l Hosp., Inc., 70 F.3d 422, 428 (6th Cir.1995).

The Michigan case began in 1984, when the United States Department of Justice sued the State of Michigan and various state officials in their official capacities pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”), 42 U.S.C. § 1997 (1994). The complaint challenged numerous prison conditions in the Michigan system. Contemporaneous with the filing of the complaint, the United States filed a motion to dismiss and to enter a proposed consent decree that it had agreed upon with the State of Michigan. The consent decree was subsequently entered by the district court. Since then, that ease has continued because of various disputes regarding the consent decree and has, in fact, reached the Sixth Circuit numerous times. See, e.g., United States v. Michigan, No. 90-1701, 1996 WL 382238 (6th Cir. [1219]*1219July 3, 1996); United States v. Michigan, Nos. 94-2391, 95-1258, 1995 WL 469430 (6th Cir. Aug. 7, 1995); United States v. Michigan, 18 F.3d 348 (6th Cir.), cert. denied, 513 U.S. 925, 115 S.Ct. 312, 130 L.Ed.2d 275 (1994); United States v. Michigan, 940 F.2d 143 (6th Cir.1991).

Appellant cites to several portions of the record from Michigan that she feels should have been admitted in her case against Ap-pellee Jabe. She contends that this evidence suggests that there were unconstitutional conditions at SPSM’s 6-Block and that Jabe disregarded these conditions. Although the district court did not cite a specific rule when it excluded the evidence, its remarks, which focused on the possible confusion and unfair prejudice that could result from its admittance, see J.A. at 362-63, suggest that the court relied on Federal Rule of Evidence 403. That rule provides: “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Fed. R.Evid. 403.

In one of the Michigan appeals, this circuit stated:

Michigan denied the allegations [in the United States’ complaint] and the issues were never adjudicated. Consequently the record fails to disclose the existence, scope, or degree, if any, of the asserted constitutional infringements.... The consent decree, as approved by the trial court, was intended to be “in resolution of all claims asserted and relief sought, and without a finding of liability or other determination on the merits.”

940 F.2d at 155 (quoting the consent decree).

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110 F.3d 1215, 46 Fed. R. Serv. 1110, 1997 U.S. App. LEXIS 6499, 1997 WL 159881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margaret-woods-v-robert-lecureux-ca6-1997.