Mitchell v. Krueger

594 F. App'x 874
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 12, 2014
DocketNo. 14-1810
StatusPublished
Cited by6 cases

This text of 594 F. App'x 874 (Mitchell v. Krueger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Krueger, 594 F. App'x 874 (7th Cir. 2014).

Opinion

ORDER

Daniel Mitchell claimed in this suit under 42 U.S.C. § 1983 that two guards at Stanley Correctional Institution in Wisconsin violated the Eighth Amendment by using excessive force in responding to a fight he started with another inmate. The parties disagree about the amount of force used in breaking up the fight and removing Mitchell from the area. The district court granted summary judgment for the defendant guards. Because there are material factual disputes about the need for, and extent of, continued physical force after the inmates were separated, we vacate the judgment in part and remand for further proceedings.

We recount the evidence and draw all reasonable inferences in the light most favorable to Mitchell, as we must. See Kvapil v. Chippewa County, Wis., 752 F.3d 708, 712 (7th Cir.2014). On the day of the incident, Mitchell entered a day-room, or common area, and began punching another prisoner without provocation. Jake Krueger, one of the defendant guards, saw the commotion and twice ordered Mitchell and the other inmate to stop fighting. Mitchell did not stop and, instead, yelled at Krueger, “Fuck that!” Krueger, who is 6-2" and weighed 280 pounds, then “brutally tackled” Mitchell to the floor. That is according to Mitchell, who is 6" shorter and weighed 128 pounds.

Thomas Cicha, the other defendant, came to Krueger’s aid and helped subdue and handcuff Mitchell. After Mitchell assured the guards that he would comply with their directives. Krueger and Cicha brought him to his feet and, with Kruger holding his left arm and Cicha holding the right, walked him toward the dayroom exit. Mitchell was not resisting, he says, yet Cicha gratuitously twisted his wrist, causing so much pain that he yelled and stood on his toes. By Mitchell’s account, the two guards then “slammed” him face first onto a metal table, cutting his chin. Krueger laughed and asked, “Did that hurt, you little pussy?” The guards’ de[876]*876scription of the incident is different: They insist that Mitchell was resisting, and in response they “directed” him “to the nearest table and controlled his descent to the table top.” Mitchell was taken to the segregation unit, and medical staff treated his cut with skin adhesive and a bandage.

The district court essentially analyzed Mitchell’s lawsuit as raising two distinct claims, the first alleging the use of excessive force by Krueger alone when he tackled the plaintiff, and the second alleging that both guards needlessly pushed him onto the table as they were escorting him from the dayroom. In granting summary judgment for the guards, the district court concluded that a jury could not reasonably find that Krueger had overreacted in tackling Mitchell; the plaintiff had created a serious security risk by attacking the other inmate and flouting Krueger’s commands to stop, requiring Krueger to forcefully restore discipline. The court further concluded that, whether or not Mitchell was intentionally resisting or simply reacting to Cicha’s deliberate effort to cause pain by twisting his wrist, the guards reasonably could perceive Mitchell’s struggling while exiting the dayroom as requiring additional force and thus their “decision to direct Mitchell” to a table was warranted.

On appeal Mitchell maintains that the amount of force used initially and as he was led out of the dayroom is disputed. In particular he insists that he was not resisting when the guards pushed him onto the table. We review the district court’s grant of summary judgment de novo. Hawkins v. Mitchell, 756 F.3d 983, 990-91 (7th Cir.2014).

We agree with the district court •that a jury could not reasonably find on this record that Krueger’s initial use of force was unwarranted or excessive. The Eighth Amendment does not forbid every use of force against a prisoner. What is prohibited is the wanton infliction of pain, and thus a use of force is constitutional if part of a good-faith effort to restore discipline. Whitley v. Albers, 475 U.S. 312, 319-21, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986); Lewis v. Downey, 581 F.3d 467, 476 (7th Cir.2009). Even if, in retrospect, tackling Mitchell might appear to have been an overreaction, that conclusion would not alone establish a constitutional violation. See Whitley, 475 U.S. at 319, 106 S.Ct. 1078; Rice v. Correctional Med. Servs., 675 F.3d 650, 667-68 (7th Cir.2012); Guitron v. Paul, 675 F.3d 1044, 1045-46 (7th Cir.2012). Only if that force was used sadistically for the very purpose of causing harm might Krueger be liable. See Wilkins v. Gaddy, 559 U.S. 34, 37, 130 S.Ct. 1175, 175 L.Ed.2d 995 (2010); Lewis, 581 F.3d at 476; Harper v. Albert, 400 F.3d 1052, 1065 (7th Cir.2005). Krueger was alone in the dayroom when Mitchell assaulted the other inmate, and Krueger could not know whether Mitchell might produce a shank or some other weapon that he might use to harm someone around him. Mitchell was a safety risk to the other inmate as well as Krueger, and he mocked Krueger’s orders to stop fighting. The guard had a duty to protect the other inmate, and Mitchell cannot complain that Krueger took decisive steps to subdue him. See Whitley, 475 U.S. at 321-22, 106 S.Ct. 1078; Guitron, 675 F.3d at 1046; Lewis, 581 F.3d at 476-77.

The situation was different, though, after Mitchell was restrained, and here our view of the evidence parts from the district court’s assessment. Whether Krueger and Cicha were acting in good faith when they forced Mitchell face first onto the table depends on whether they reasonably felt that their safety or the safety of other inmates was threatened, whether there was a genuine need to use force, and whether the amount of force used corre[877]*877sponded to that need. See Rice, 675 F.3d at 668; Lewis, 581 F.3d at 477; Fillmore v. Page, 358 F.3d 496, 503-04 (7th Cir.2004). The determination that force was excessive depends on the circumstances. Rickman v. Sheahan, 512 F.3d 876, 883 (7th Cir.2008). The district court recognized that a dispute exists concerning Mitchell’s assertion that his purported “resistance” while being walked out of the dayroom was nothing more than a reaction to Cicha’s malicious infliction of pain by needlessly twisting his wrist. The court reasoned, however, that the guards still could reasonably have perceived a need for more force because Mitchell had assaulted another inmate and refused to obey Krueger’s orders.

Although a trier of fact might so find, we cannot say that the undisputed facts compel this conclusion. As Mitchell points out, when the defendants “slammed” him onto the table, the fight with the other inmate was over and he had agreed to comply with their orders.

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594 F. App'x 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-krueger-ca7-2014.