Nathan Miller v. Emery Leathers, Officer

885 F.2d 151, 1989 U.S. App. LEXIS 13770, 1989 WL 103822
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 12, 1989
Docket88-7651
StatusPublished
Cited by11 cases

This text of 885 F.2d 151 (Nathan Miller v. Emery Leathers, Officer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nathan Miller v. Emery Leathers, Officer, 885 F.2d 151, 1989 U.S. App. LEXIS 13770, 1989 WL 103822 (4th Cir. 1989).

Opinions

WILKINSON, Circuit Judge:

Here we must determine if the district court erred in granting summary judgment to a defendant prison guard whom the plaintiff inmate alleged had used excessive force against him in violation of his constitutional rights. We find that the grant of summary judgment was proper and affirm.

I.

Appellant Nathan Miller is incarcerated at Central Prison in Raleigh, North Carolina, for armed robbery. On January 3, 1987, Miller filed a grievance against Officer Emery Leathers to resolve various ongoing difficulties with him. On January 7, 1987, the prison superintendent, after reviewing the grievance, decided in Leathers’ favor, finding that Leathers had conducted himself “in a professional manner” when dealing with Miller and other inmates.

Later that day, Leathers was instructed to deliver a grievance form to appellant, on which the superintendent had noted his decision. Appellant had demonstrated a proclivity for violence and assaultive behavior. Between March 1, 1978 and November 22, 1986, he had committed some twenty-seven disciplinary infractions, involving, among other things, possession of weapons, physical assaults, and threats of physical harm against numerous prison officials. Appellant was thus in close custody and administrative segregation when Leathers left the form with him and instructed him to sign it.

Miller claimed Leathers delivered the form “with a very nasty attitude.” Miller refused to sign the form, and a brief verbal confrontation ensued between the parties. During this time, Miller, who is white, referred to Leathers as a “slush-headed nigger” and threatened him with physical harm. Finally, Miller signed the form and returned it to Leathers. Leathers then left the cellblock and proceeded to the cellblock control station where he obtained a pair of handcuffs. He then reentered appellant’s cellblock and returned to appellant’s cell.

Upon returning to appellant’s cell, Leathers claimed he told Miller to get dressed because he was taking him to see the Sergeant or the Lieutenant. Leathers handcuffed Miller and directed the officer in the control booth to open his cell door. When the door opened, the parties moved toward one another so that they were face to face, virtually touching. At this point, Miller concedes he again threatened Leathers with physical harm and repeated his racial taunts. Leathers contends Miller also refused orders, kicked him in the ankle, and spit in his beard, but this is a matter of dispute. Leathers then instructed appellant to proceed toward the cellblock exit. After proceeding downstairs, Leathers directed Miller toward the exit. Appellant moved forward several steps and then re[153]*153fused to proceed any further. At that point, Miller contends that Leathers said he was a “punk and wanted some dick.” Miller concedes he then turned to face Leathers, responding “yes, just like your mama.” A brief scuffle ensued and Leathers struck appellant with his baton three times. Appellant caught and blocked the first blow between his handcuffs, but the other blows struck him on the arms. Appellant then armed himself with a broomstick from a nearby mop closet and charged Leathers. Leathers and other officers subdued him and he was escorted to the Emergency Room of Central Prison Hospital.

At the infirmary, Miller was examined by Physicians’ Assistant Ray Drewry. X-rays revealed that appellant’s right forearm had suffered a minor fracture approximately two centimeters long. A short arm cast was applied on January 12, 1987, and removed on March 16, 1987. X-rays showed satisfactory healing.

On February 9, 1987, appellant filed a complaint pursuant to 42 U.S.C. § 1983, alleging that on January 7,1987, defendant had used excessive force against him in violation of his constitutional rights. On March 17, 1988, Leathers filed motions to dismiss and for summary judgment. On May 6, 1987, the district court granted Leathers’ motion for summary judgment concluding that appellant failed to allege sufficient evidence to meet the test for excessive force. Specifically, the court found that there “was a need for application of force, that the amount of force employed was not disproportional to the need, and that the injury inflicted upon plaintiff was de minimis.” The district court concluded that “the force was applied in a good faith effort to discipline” Miller. This appeal followed.

Miller argues that the question of whether Officer Leathers used excessive force against him presents an issue of triable fact. We believe, however, that the applicable Supreme Court precedents reflect a recognition that confrontations between guards and inmates in the prison setting are legion, and that every altercation with two sides to it does not render judgment inappropriate as a matter of law.

It is clear that “the unjustified striking, beating, or infliction of bodily harm upon a prisoner by the police or a correctional officer gives rise to liability under 42 U.S.C. § 1983.” King v. Blankenship, 636 F.2d 70, 72 (4th Cir.1980). Section 1983, however, “is not itself a source of substantive rights.” Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 2694 n. 3, 61 L.Ed.2d 433 (1979). Rather, it provides “a method of vindicating federal rights elsewhere conferred.” Id. Thus, “[i]n addressing an excessive force claim brought under § 1983, analysis begins by identifying the specific constitutional right allegedly infringed by the challenged application of force.” Graham v. Connor, — U.S. -, 109 S.Ct. 1865, 1870, 104 L.Ed.2d 443 (1989). In most cases, either the Fourth Amendment’s prohibition against unreasonable seizures of the person, or the Eighth Amendment’s ban on cruel and unusual punishments is implicated. Id. Here, since the incident took place after appellant’s conviction, the Eighth Amendment “serves as the ... source of substantive protection.” Whitley v. Albers, 475 U.S. 312, 318, 327, 106 S.Ct. 1078, 1083, 1088, 89 L.Ed.2d 251 (1986). While the particular setting of Whitley involved a prison riot, the standard announced in that case is not limited to the quelling of institutional disturbances. The Whitley standard applies to any “claim of excessive force to subdue [a] convicted prisoner,” Graham, 109 S.Ct. at 1871, or to “prophylactic or preventive measures intended to reduce the incidence of ... any other breaches of prison discipline.” Whitley, 475 U.S. at 322, 106 S.Ct. at 1085. See also Bell v. Wolfish, 441 U.S. 520, 547, 99 S.Ct. 1861, 1878, 60 L.Ed.2d 447 (1979).

Recognizing that a plethora of lawsuits against prison authorities might itself be inimical to prison discipline, the Supreme Court made the Eighth Amendment standard a difficult one to satisfy. For conduct to be a violation of Eighth Amendment rights, it “must involve more than ordinary lack of due care for the [154]*154prisoner’s interests or safety.” Whitley, 475 U.S. at 319, 106 S.Ct. at 1084.

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885 F.2d 151, 1989 U.S. App. LEXIS 13770, 1989 WL 103822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathan-miller-v-emery-leathers-officer-ca4-1989.