Middleton v. Penrod

CourtDistrict Court, E.D. Missouri
DecidedSeptember 3, 2025
Docket1:25-cv-00082
StatusUnknown

This text of Middleton v. Penrod (Middleton v. Penrod) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Middleton v. Penrod, (E.D. Mo. 2025).

Opinion

EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

TIRRELL AUDRELIUS ) MIDDLETON, ) ) Plaintiff, ) ) v. ) No. 1:25-cv-00082-JMB ) GAVEN PENROD, et al., ) ) Defendants. )

OPINION, MEMORANDUM AND ORDER

Self-represented Plaintiff Tirrell Audrelius Middleton brings this action under 42 U.S.C. § 1983 for alleged violations of his civil rights. On initial review under 28 U.S.C. § 1915A, the Court will issue service on Plaintiff’s claims against Defendants Gavin Penrod, Chad Dunbar, and Candence E. Campbell in their individual capacities. The Court will dismiss Plaintiff’s claims brought against these Defendants in their official capacities. Legal Standard on Initial Review Under 28 U.S.C. § 1915A, the Court is required to review a civil complaint “in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). Pursuant to this section, the Court must dismiss a complaint if it “is frivolous, malicious, or fails to state a claim upon which relief can be granted,” or if it “seeks monetary relief from a defendant who is prisoner who is suing employees of a governmental entity. Therefore, his amended complaint is subject to 28 U.S.C. § 1915A screening. To state a claim, a plaintiff must demonstrate a plausible claim for relief,

which is more than a “mere possibility of misconduct.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678. Determining whether a complaint

states a plausible claim for relief is a context-specific task that requires the reviewing court to draw upon judicial experience and common sense. Id. at 679. The court must “accept as true the facts alleged, but not legal conclusions or threadbare recitals of

the elements of a cause of action, supported by mere conclusory statements.” Barton v. Taber, 820 F.3d 958, 964 (8th Cir. 2016). When reviewing a pro se complaint under 28 U.S.C. § 1915A, the Court must give it the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520

(1972). A “liberal construction” means that if the essence of an allegation is discernible, the district court should construe the plaintiff’s complaint in a way that permits his or her claim to be considered within the proper legal framework.

Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015). However, even pro se complaints are required to allege facts which, if true, state a claim for relief as a matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). Plaintiff brings this civil rights action under 42 U.S.C. § 1983, alleging Defendants violated his Eighth Amendment rights when they left him handcuffed behind his back and shackled to a restraint bench for 14 hours at Southeast

Correctional Center (SECC). Named as Defendants are Correctional Officers (COs) Gavin Penrod, Chad Dunbar, and Candence E. Campbell. Defendants are sued in both their official and individual capacities. Plaintiff states that on November 28, 2024, at 6:00 a.m., Defendant Gavin

Penrod told him to pack his property because he was transferring cells at SECC. Defendant Chad Dunbar then cuffed Plaintiff behind his back and escorted him to a metal restraint bench. Plaintiff states that the COs were attempting to have him share

a cell with his enemy, which he characterizes as being forced out of his cell. “The cell in SECC 2.C.204 that I was assigned to I was being forced out of because Correctional Officers were trying to move a[n] individual in with me that hours earlier I had notified staff was my enemy.” Doc. [7] at 6.

Once the 7:00 a.m. shift arrived at SECC, Plaintiff asked for a restroom break, which was denied. He states that he was forced to urinate on himself three times during this 14-hour restraint period. At both lunch and dinner, Plaintiff asked to be

fed. He states that CO Candence Campbell told him that he needed to be inside a cell to be fed. Plaintiff asked for a sack lunch, and this too was denied. [him] problems.” Id. He also suffers from emotional and mental distress arising out of the event. For relief, Plaintiff seeks $1 million in actual damages and $500,000 in punitive damages.

Discussion The Eighth Amendment forbids the “unnecessary and wanton infliction of pain” constituting cruel and unusual punishment. Hudson v. McMillan, 503 U.S. 1, 9-10 (1992); see also Burns v. Eaton, 752 F.3d 1136, 1138 (8th Cir. 2014). When a

prison official is accused of using excessive physical force in violation of the Eighth Amendment, the core judicial inquiry is “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause

harm.” Jackson v. Gutzmer, 866 F.3d 969, 974 (8th Cir. 2017). In Stewart v. Precythe, 91 F.4th 944, 950-51 (8th Cir. 2024), the Eighth Circuit reviewed the use of prisoner restraints in the context of the Eighth Amendment, “providing parameters for when a specific restraint amounts to a constitutional

violation.” Id. at 950. There, the Court held that handcuffing and shackling a prisoner to a bench for a period of hours (in that case, two hours on two occasions), without more, did not violate the Eighth Amendment. The Stewart case discussed prior Eight

Circuit case law in the area of prisoner restraints. For example, in Key v. McKinney, 176 F.3d 1083, 1085 (8th Cir. 1999), the Court upheld summary judgment in favor of correctional staff on a conditions-of-confinement claim where the plaintiff alleged routine checks by medical and correctional officers. The Eighth Circuit also cited its decision in Walker v. Bowersox, 526 F.3d 1186, 1188 (8th Cir. 2008), in which an inmate was restrained to a bench for refusing

a cellmate. In Walker, like here, plaintiff had not wanted to be celled with his proposed cellmate. Id. He was then cuffed and restrained on a bench for 24 hours without water, food, medication, or bathroom breaks. He was forced to sit in an upright position, that exacerbated his chronic back pain and PTSD. Id. The Eighth

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Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Will v. Michigan Department of State Police
491 U.S. 58 (Supreme Court, 1989)
Hudson v. McMillian
503 U.S. 1 (Supreme Court, 1992)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Martin v. Aubuchon
623 F.2d 1282 (Eighth Circuit, 1980)
KEY v. McKINNEY
176 F.3d 1083 (Eighth Circuit, 1999)
Kevin Ward v. Bradley Smith
721 F.3d 940 (Eighth Circuit, 2013)
Walker v. Bowersox
526 F.3d 1186 (Eighth Circuit, 2008)
McLean v. Gordon
548 F.3d 613 (Eighth Circuit, 2008)
Roy Burns v. Edward Eaton
752 F.3d 1136 (Eighth Circuit, 2014)
James Solomon v. Deputy U.S. Marshal Thomas
795 F.3d 777 (Eighth Circuit, 2015)
Arlena Kelly v. City of Omaha
813 F.3d 1070 (Eighth Circuit, 2016)
Barton Ex Rel. Estate of Barton v. Taber
820 F.3d 958 (Eighth Circuit, 2016)
Tracey White v. Thomas Jackson
865 F.3d 1064 (Eighth Circuit, 2017)
Ronnie Jackson v. Jeff Gutzmer
866 F.3d 969 (Eighth Circuit, 2017)
Patric Patterson v. Kennie Bolden
902 F.3d 845 (Eighth Circuit, 2018)
Curtis Stewart v. Anne Precythe
91 F.4th 944 (Eighth Circuit, 2024)

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