McDowell v. Sheerer

374 F. App'x 288
CourtCourt of Appeals for the Third Circuit
DecidedMarch 24, 2010
DocketNo. 08-4435
StatusPublished
Cited by10 cases

This text of 374 F. App'x 288 (McDowell v. Sheerer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDowell v. Sheerer, 374 F. App'x 288 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Steven McDowell filed this civil action pursuant to 42 U.S.C. § 1983 and New Jersey state law, alleging that certain prison officials at Northern State Prison (collectively, “Defendants”)1 violated the First, Fourth, Eighth, and Fourteenth Amendments and Article One of the New Jersey Constitution. The events giving rise to the lawsuit occurred during and in the aftermath of a prisoner extraction in November of 2004.

The District Court granted summary judgment to Defendants on all of McDowell’s federal claims and dismissed his state constitutional claim without prejudice. McDowell only appeals the District Court’s order with respect to his Eighth Amendment excessive force and deliberate indifference claims. Because we write only for the benefit of the parties, we [290]*290assume familiarity with the facts of this civil action and the proceedings in the District Court. We will reverse the judgment of the District Court and remand for further proceedings.

I.

McDowell is an inmate at Northern State Prison (“NSP”) in New Jersey, serving a twenty-year sentence for armed robbery and weapon offenses. In November 2004, he was housed in a security threat group management unit in Delta 300 East. At some point late at night on November 7 or in the early morning of November 8, 2004, McDowell and his cellmate, Carlos Cruz, were able to exit their cell. The parties dispute the circumstances of how the inmates got out of their cell. McDowell claims that Cruz was sick and seeking medical attention and that he was assisting Cruz when they were both locked out of their cell. Defendants assert that McDowell and Cruz pretended to need medical treatment, and that, once the cell door was opened so that one of them could be escorted to the infirmary, the two inmates left the cell and refused to submit to handcuffing or to return to their cell, as they were required to do. It is undisputed that McDowell and Cruz were not handcuffed and that they were able to walk around the fenced-in tier to the cells of other inmates.

Two teams of five officers each then arrived to perform extractions of McDowell and Cruz in order to return them to their cells.2 The officers on the extraction teams wore protective gear, including vests, pads, and helmets with face masks, and carried body shields for use in restraining the inmates. The extraction of McDowell was videotaped by an NSP official and by an inmate who had smuggled a video-recorder into prison, and both recordings are part of the record before us.

Before the extraction began, members of the extraction team used pepper spray in an attempt to subdue McDowell and Cruz. This effort, however, was unsuccessful because the inmates used plastic bags, which another inmate had given them, to shield their faces from the spray. The officers then began the extraction by entering the tier in which McDowell and Cruz were standing. McDowell and Cruz moved toward one of the teams of officers. The parties dispute the events that occurred thereafter.

McDowell testified in his deposition that he was pushed to the floor as soon as the officers converged on him. He claimed that he did not resist and the officers were able to handcuff him quickly. Nevertheless, they continued to punch or kick him after he was restrained. He also testified that he was repeatedly hit in the face with a nightstick and that an officer grabbed and twisted his testicles after he was on the ground. McDowell stated that the officers shackled his ankles so tightly that he lost circulation in his feet. He further testified that one officer exerted force on his wrist, in what he believed was an effort to break his hand. McDowell insisted that throughout the extraction he kept yelling that he was not resisting. He stated that after he was handcuffed and shackled, he was picked up and then walked into another part of the unit. According to him, his face was slammed into a wall and an officer choked him until he lost consciousness. McDowell stated that he was then re[291]*291turned to his cell, and was denied clothing and medical treatment for his injuries for two weeks. As a result of the extraction, McDowell claims that he suffered cuts above his right eye, bruises on his skull, and an injury to his hand. He also claims that the incident left him with permanent injuries, including vision loss in his right eye, scarring above his eye, lumps on his skull, weakness in his hand, and that he now sometimes experiences dizziness. He also claims that he was emotionally damaged by the incident.

Defendants testified to a different version of events. The officers testified that McDowell approached the officers aggressively, resisted being handcuffed and shackled, and continued to struggle once he was on the floor. One officer testified that the officers ceased using force as soon as McDowell was restrained, and another testified that nightsticks were not used on McDowell during the extraction. Once McDowell was restrained, they contend that he was taken to a nearby hallway where he was given medical treatment. Defendants state that McDowell’s clothing was removed so that he could be searched for weapons and then showered to remove any remaining pepper spray. After this occurred, they assert that he was returned to his cell. Defendants claim that McDowell was not left naked in his cell for two weeks, but, instead, insist that their evidence shows that his personal property was returned to him the next day.

As a result of the extraction and the events following it, McDowell filed a pro se complaint in the United States District Court for the District of New Jersey. Counsel was appointed to represent McDowell. He sought declaratory and injunc-tive relief, compensatory damages, punitive damages, and attorneys’ fees and costs.

After discovery, Defendants filed a motion for summary judgment. After oral argument and supplemental briefing, the District Court granted summary judgment in favor of Defendants on all of McDowell’s federal claims and dismissed his state constitutional claim without prejudice. With respect to the Eighth Amendment excessive force and deliberate indifference claims at issue in this appeal, the Court determined that Defendants were entitled to qualified immunity because none of McDowell’s constitutional rights was violated. McDowell filed a timely notice of appeal.

On appeal, McDowell first argues that the District Court erred by concluding that the video evidence blatantly contradicted McDowell’s version of events and, therefore, deciding not to view the facts in the light most favorable to McDowell. Second, he contends that when the facts are viewed in the light most favorable to him, there is a genuine issue of material fact as to whether Defendants used excessive force during the extraction and whether Defendants acted with deliberate indifference in its aftermath.

II.

We exercise plenary review over a District Court’s decision to grant summary judgment. Giles v. Kearney, 571 F.3d 318, 322 (3d Cir.2009). Summary judgment is appropriate when the record establishes that “there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

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Bluebook (online)
374 F. App'x 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-sheerer-ca3-2010.