Marshall v. Henline (INMATE 1)

CourtDistrict Court, M.D. Alabama
DecidedApril 6, 2022
Docket2:19-cv-00405
StatusUnknown

This text of Marshall v. Henline (INMATE 1) (Marshall v. Henline (INMATE 1)) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marshall v. Henline (INMATE 1), (M.D. Ala. 2022).

Opinion

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

JOHN LEWIS MARSHALL, ) AIS # 170176, ) ) Plaintiff, ) ) v. ) CASE NO. 2:19-CV-405-MHT-CSC ) (WO) ) MIKE HENLINE, et al., ) ) Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE I. INTRODUCTION1 This 42 U.S.C. § 1983 action is before the court on a complaint filed by John Marshall, a state inmate, in which he challenges safety conditions present during his prior term of incarceration at the Elmore County Jail. Specifically, Marshall alleges that the Defendants acted with deliberate indifference, when on May 11, 2018, (or May 14, 2018)2 they transported him in an unairconditioned van with a broken seat which flipped over causing injury to several inmates traveling with him. (Doc. 1 at pp. 5-6; Doc. 1-1 at pp. 1- 2). He also alleges that the Defendants denied him adequate medical treatment for dehydration and elevated blood pressure caused by traveling in the unfit van. Doc. 1-1 at pp. 3-4. He names as Defendants Warden Henline and Officer McDowell. (Doc. 1 at p.

1 All documents and attendant page numbers cited herein are those assigned by the Clerk in the docketing process.

2 Plaintiff’s complaint lists the date of the occurrence as both May 11 (Doc. 1 at p. 2) and May 14 (Doc. 1-1 at p. 1). 2). He does not state whether he sues each Defendant in his official or individual capacities and he seeks money damages. (Doc. 1 at p. 5).

The Defendants filed special reports and relevant evidentiary materials in support of their reports, including affidavits, addressing the claims raised in the complaint, as amended. In these documents, the Defendants maintain they did not act with deliberate indifference to Marshall’s medical needs nor did they subject him to unconstitutional conditions. (Doc. 7). The Defendants also raise the defense of exhaustion in their special report. (Doc. 7). Indeed, the Prison Litigation Reform Act (“PLRA”) requires that

“inmates complaining about prison conditions exhaust prison grievance remedies before initiating a lawsuit.” Jones v. Bock, 549 U.S. 199, 202 (2007). Thus, the Defendants argue that because the Elmore County Jail utilizes a grievance procedure and the Plaintiff failed to file any grievance underlying the allegations of his complaint, he has failed to exhaust his administrative remedies and his claims are barred. Id.

After reviewing the special reports filed by the Defendants, the court issued an order on July 15, 2019, directing Marshall to file a response to each of the arguments set forth by the Defendants in their reports, supported by affidavits or statements made under penalty of perjury and other evidentiary materials. (Doc. 10 at pp. 2-3). The order specifically cautioned that “unless within fifteen (15) days from the date of this order a

party . . . presents sufficient legal cause why such action should not be undertaken . . . the court may at any time [after expiration of the time for the plaintiff filing a response to this order] and without further notice to the parties (1) treat the special reports and any supporting evidentiary materials as a motion for summary judgment and (2) after considering any response as allowed by this order, rule on the motion for summary judgment in accordance with the law.” (Doc. 10 at p. 3). Marshall filed a sworn response

to this order on August 22, 2019. (Doc. 11). II. STANDARD OF REVIEW Based on the foregoing, the court deems it appropriate to treat the special report filed by the Defendants as a motion to dismiss with respect to the exhaustion defense. Thus, this case is now pending on the Defendants’ motion to dismiss. Bryant v. Rich, 530 F.3d 1368, 1374–75 (11th Cir. 2008) (internal quotations omitted) (“[A]n exhaustion [defense].

. . is not ordinarily the proper subject for a summary judgment [motion]; instead, it should be raised in a motion to dismiss, or be treated as such if raised in a motion for summary judgment.”); Trias v. Florida Dept. of Corrections, 587 F. App’x 531, 534 (11th Cir. 2014) (holding that the district court properly construed defendant’s “motion for summary judgment as a motion to dismiss for failure to exhaust administrative remedies[.]”).

However, to the extent that the court concludes that the Plaintiff has properly exhausted his administrative remedies as to any claim, the court will address the merits of those claims on summary judgment. As discussed hereinafter, the Plaintiff’s failure to exhaust the jail’s grievance procedure as to his deliberate indifference claims premised on the Defendants’ failure to treat his dehydration and high blood pressure which he alleges resulted from his

travel in an unsafe and unfit van, precludes the court from reaching the merits of the Plaintiff’s claims on summary judgment. III. FACTS In May 2018, the Plaintiff traveled in a van from Donaldson Correctional Facility

to Elmore County Jail. Defendant Officer McDowell manned the transport van. When the van was a few minutes from the Jail, the seat in which Plaintiff sat flipped over. (Doc. 1- 1 at p. 3). The Plaintiff claims other passengers were injured when the seat flipped. He also claims that the seat was not secured to the floor, the van was unairconditioned and the windows would not roll down. (Doc. 1-1 at pp. 1-4). Defendant McDowell testified that the van’s air conditioning unit was functional on the date of the incident, but that the van’s

rear seating area was not equipped with air vents. He specifically states that he “turn[ed] the van’s air condition unit on high and angled the air vents towards the rear seats”. (Doc. 7-2 at pp. 3-4). McDowell also testified that he had no personal knowledge of any safety issues with van. (Doc. 7-2 at p. 4). Further after the seat flipped, McDowell “immediately radioed the jail to be on standby and to have the medical staff ready to evaluate the

inmates.” (Doc. 7-2 at p. 3). Plaintiff also claims that Warden Henline and Officer McDowell refused to call paramedics as he requested and that the nurses refused to treat any of them the day of the incident. (Doc. 1-1 at pp. 3-4). Plaintiff does not allege that he was injured when the seat flipped. Rather he claims that when he was placed in his living area in Elmore, “he fel[t]

light headed and started to vomit and cramp uncontroably {sic}”. (Doc. 1-1 at p. 4). He further claims that upon his arrival at Donaldson, his “blood pressure was so high that I had to be placed under 24 hrs. observation.” Id. Both Henline and McDowell deny these allegations and testified that medical staff evaluated the Plaintiff and other inmates when the van arrived at Elmore County Jail. (Doc. 7-1 at p. 3; 7-2 at p. 3). Other than basic first aid, officers at Elmore County Jail do not have medical training, and it is the Jail’s policy

to defer to and rely upon the professional opinions of doctors and nurses provided at the Jail. Id. Elmore County Jail has a grievance policy whereby inmates may fill out request slips or grievances about issues or complaints. Ordinarily grievances are made in writing and an inmate may request a grievance form from any member of jail staff. All grievances must be filed within 14 days for the incident. Emergency grievances maybe made orally

and determination of whether a grievance is an emergency is left to the discretion of the staff member responding to the grievance. If an inmate is unsatisfied with the response to their written or oral grievance within 24 hours of receiving a response to a grievance an inmate may appeal to the jail administrator on a separate grievance form.

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Bluebook (online)
Marshall v. Henline (INMATE 1), Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-henline-inmate-1-almd-2022.