Miller v. Campbell

804 F. Supp. 159, 1992 U.S. Dist. LEXIS 15455, 1992 WL 274322
CourtDistrict Court, D. Kansas
DecidedSeptember 15, 1992
DocketNo. 88-3410-S
StatusPublished
Cited by1 cases

This text of 804 F. Supp. 159 (Miller v. Campbell) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Campbell, 804 F. Supp. 159, 1992 U.S. Dist. LEXIS 15455, 1992 WL 274322 (D. Kan. 1992).

Opinion

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on defendants’ motion for dismissal, or in the alternative, summary judgment (Doc. 12). Plaintiff, a former inmate at the Leavenworth County Jail, Leavenworth, Kansas, proceeds pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983.

In this action, plaintiff contends he was subjected to unconstitutional conditions of confinement while housed in the jail which violated his rights under the Eighth Amendment. He alleges the medical care was inadequate, access to legal assistance was unduly limited, and that during a lock-down occurring between approximately September 30, 1988, and October 3, 1988, he was subjected to unsanitary conditions. Plaintiff seeks declaratory relief and damages.

Factual Background

Plaintiff was incarcerated in the Leavenworth County Jail from approximately July 27, 1988, until his release on bond on October 28, 1988. His complaint involves both ongoing conditions of his confinement, including access to medical care and legal assistance, and a brief lockdown which occurred in late September and early October 1988. The facts relevant to plaintiff’s lock-down appear here; other facts are incorporated in the discussion of plaintiff’s remaining claims.

In late September 1988, plaintiff and several other inmates housed in Tank D of the jail were involved in a series of incidents which resulted in a decision to impose more restrictive conditions of confinement.

On September 18, inmates in the tank became upset when they were not given the telephone, although tank occupants had the telephone earlier in the day. Plaintiff advised a jailer the inmates would “raise hell” if the telephone were not provided and was told the telephone would be available when the inmates calmed down. That evening, due to the conditions in the tank, the inmates were fed on paper plates. [161]*161Plaintiff, in ■ response to being fed on a paper plate, threw his plate of food at a jailer. This incident was followed by similar conduct by other inmates, who threw food, water, and tea at the jailer. Jail officials then shut off water to the tank to prevent the inmates from flooding the area. Plaintiff then threatened to kill the jailer.

On or around September 30, jail officials received confidential information that the inmates in Tank D planned to dismantle a floor fan in the tank and use the pieces as weapons in an escape. As a result, jail officials conducted a shakedown of the tank to search for contraband. During the shakedown, authorities found pieces of the fan, torn toweling, copper wire, and sharpened broom handles. Officials also found inmates were accumulating supplies, such as tobacco. Officials perceived these hoarded supplies as intended to clog facilities to cause flooding. There is also some evidence that inmates had removed electrical fixtures, leaving exposed electrical wires. Because of these conditions, authorities turned off electricity to the affected area.

That evening, the inmates were again verbally aggressive toward the officer supervising their meal. In response, the supervising officer shut down water to the tank. After an inmate threw tea on the officer, the cable television line was disconnected. Plaintiff and two other inmates were locked down in a cell. After the meal, when the supervising officer returned to retrieve the dinner trays and distribute medications, he discovered the trays from plaintiffs cell had been thrown out of the cell, spreading food over the area outside the cell. During this period, the water was turned on in the cell for sanitation and drinking water, and the supervising officer cleaned the floor.

Later that night, the responding officer discovered a significant amount of trash thrown outside the cell where plaintiff was confined. The trash was soaked with water or other liquid. The water to the cell was again turned off.

On October 1, 1988, the inmates remained in lockdown and continued to complain about the jail food and conditions. Food was again thrown outside the cell, and plaintiff refused his tray, stating he was beginning a hunger strike. Another inmate threw a glass of liquid on a jailer. As a result, the other inmate was placed in restraints.

Standard for granting summary judgment

A moving party is entitled to summary judgment only when the evidence indicates that no genuine issue of material fact exists. Fed.R.Civ.P. 56(c); Maughan v. SW Servicing, Inc., 758 F.2d 1381, 1387 (10th Cir.1985). The requirement of a “genuine” issue of fact means that the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). The moving party has the burden of showing the absence of a genuine issue of material fact. This burden “may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). “[A] party opposing a properly supported motion for summary judgment may not rest on mere allegations or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. Thus, the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Id. The court must consider factual inferences tending to show triable issues , in the light most favorable to the existence of those issues. United States v. O’Block, 788 F.2d 1433, 1435 (10th Cir.1986). The court must also consider the record in the light most favorable to the party opposing the motion. Bee v. Greaves, 744 F.2d 1387, 1396 (10th Cir.1984), cert. denied, 469 U.S. 1214, 105 S.Ct. 1187, 84 L.Ed.2d 334 (1985).

Discussion

Access to medical care

Plaintiff first asserts-he was not provided adequate medical care during his [162]*162incarceration. In order to state a claim of cruel and unusual punishment based on inadequate medical care, an inmate must demonstrate that prison officials are responsible for acts or omissions “sufficiently harmful to evidence deliberate indifference to serious medical needs.” Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).

The record before the court demonstrates plaintiffs requests for medical attention were processed by jail officials and reviewed by the facility physician. Plaintiff received medication and ongoing medical attention, including X-rays at the local hospital and dental care.

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Bluebook (online)
804 F. Supp. 159, 1992 U.S. Dist. LEXIS 15455, 1992 WL 274322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-campbell-ksd-1992.