STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
04-928
PEGGY HARRISON AND RAYMOND HYMES
VERSUS
NATCHITOCHES PARISH SHERIFF’S DEPT., ET AL.
************** APPEAL FROM THE TENTH JUDICIAL DISTRICT COURT PARISH OF NATCHITOCHES, NUMBER 72796-B HONORABLE FRED SEXTON, JR., PRESIDING
************** SYLVIA R. COOKS JUDGE **************
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Michael G. Sullivan, Judges.
AFFIRMED.
Donald G. Kelly Kelly, Townsend & Thomas P.O. Box 756 Natchitoches, Louisiana 71458-0756 (318) 352-2353 COUNSEL FOR PLAINTIFF/APPELLANT: Raymond Hymes
Laura J. Johnson 126 Touline Street Natchitoches, Louisiana 71457 (318) 352-9125 COUNSEL FOR PLAINTIFF/APPELLANT: Peggy Harrison L. Lane Roy Dawn L. Morris Preis, Kraft & Roy P.O. Drawer 94-C Lafayette, Louisiana 70509 (337) 237-6062 COUNSEL FOR DEFENDANT/APPELLEE: Natchitoches Parish Sheriff’s Department Boyd B. Durr Victor Jones, Jr.
Ronald Corkern, Jr. Corkern & Crews P.O. Box 1036 Natchitoches, Louisiana 71457-1036 COUNSEL FOR DEFENDANT/APPELLEE: Natchitoches Parish Sheriff’s Department Boyd B. Durr Victor Jones, Jr.
2 COOKS, Judge.
STATEMENT OF THE CASE
On October 9, 1999, Spencer Hymes, while incarcerated in the Natchitoches
Parish Detention Center, was severely beaten by another inmate, Jerry “Lou”
Johnson. Several months after this beating, Spencer Hymes died as a result of the
injuries he sustained during the incident. Peggy Harrison and Raymond Hymes filed
a wrongful death and survival action on behalf of their son, Spencer Hymes, against
the Natchitoches Parish Sheriff’s Department, Boyd B. Durr, the former Natchitoches
Parish Sheriff, Victor Jones, the current Natchitoches Parish Sheriff, John Doe and
Jerry “Lou” Johnson.
The facts indicate on the evening of October 8, 1999, Jerry Johnson was placed
in lockdown for standing in front of a window in his underwear. When confronted,
Johnson cursed the law enforcement officers. Backup was called for and Sgt.
Williams and Officer Robinson escorted Johnson to lockdown. At approximately
2:15 a.m. Spencer Hymes was also sent to lockdown for being in an unauthorized area
and for alleged aggravated disobedience. Hymes was placed in the cell with Johnson.
While Hymes was sleeping, Johnson began to severely beat him about the head with
his foot. Johnson stated: “[T]hat morning we started arguing with each other and
then when he went to sleep my mind just clicked and I just woke up and started
stumping him in the head. . . . I kept on stumping him and then he started spitting
blood out the mouth. Then I beat on the door. I called for Ms. Joseph, told her he
was having a seizure.” Johnson eventually pled guilty to manslaughter.
The Plaintiffs allege Spencer Hymes’ death was caused by the intentional acts
of Johnson and by the negligence and recklessness of the Natchitoches Parish
Sheriff’s Department in failing to prevent the beating, failing to train employees to
3 prevent such beatings, failing to supervise, and failing to act reasonably under the
circumstances. Plaintiffs contend the Natchitoches Parish Sheriff’s Department had
reasonable cause to anticipate Hymes would suffer harm because of the violent and
volatile nature of Jerry Johnson; and it failed to use reasonable care to prevent the
harm. The Defendants moved for Summary Judgment. The trial court granted
Defendants’ Motion for Summary Judgment and dismissed the Plaintiffs’ petition.
For the reasons assigned below, we affirm the decision of the trial court.
LAW AND DISCUSSION
Two Louisiana Supreme Court cases, Parker v. State, 282 So.2d 483 (La.1983)
and Jackson v. Phelps, 95-2294 (La. 4/8/96), 672 So.2d 665, discuss the applicable
burden of proof to establish a penal institution is negligent in protecting inmates. In
Parker, the plaintiff, George Parker, an inmate in the Louisiana State Penitentiary,
was stabbed by Edmonson, another inmate, while in his bunk asleep. Edmonson had
a history of violence during his prison stay. Prior to stabbing Parker, Edmonson was
involved in three other incidents where he cut or struck another inmate using a
weapon. Edmonson threatened Parker, and Parker stated he reported the threats to
prison officials. The supreme court affirmed a dismissal of the complaint, stating:
The applicable rule has been frequently stated. A penal institution is not an insurer of an inmate against attacks by other inmates. The standard is that of reasonable or ordinary care. The majority rule is that in order to hold the penal authorities liable for an injury inflicted upon an inmate by another inmate, the authorities must know or have reason to anticipate that harm will ensue and fail to use reasonable care in preventing the harm. The record in the present case supports a finding that the penal authorities received notice that the plaintiff feared an attack from Edmonson. Such a notice alone, however, is insufficient to support liability under the above rule. Scores of reports of this kind are received weekly in the prison environment. For liability, the law requires at least adequate reason to anticipate harm and failure to take reasonable action to avert it.
Id. at 486. (Emphasis added)(citations omitted).
4 Parker argued prison officials were negligent, once they knew of the threats,
and failed to isolate him or place him in a facility apart from Edmonson. The
supreme court found the “steps taken by the authorities which included a conference
with the prisoners and a search for weapons, were reasonable under the
circumstances.” Id. at 487.
In Jackson, James Jackson, an inmate at Dixon Correctional Institute (DCI)
sued to recover damages for injuries he received when another inmate, James Smith,
cut his throat and stabbed him. Prior to the incident, Jackson did not disclose to
prison officials that he feared being attacked by Smith. The Louisiana Supreme Court
reversed a lower court finding of liability, stating:
The record in this case clearly establishes that the penal authorities at DCI had no reasonable cause to anticipate harm to plaintiff. Smith’s attack on Jackson came without warning to Jackson and prison officials. The warden testified that if he had known that Jackson and Smith were enemies, he would have kept them apart. The chief of security testified at trial that when a prisoner feels at risk from attack by another inmate, the prisoner can request to be placed in administrative lockdown.
Id. at 667.
A fellow inmate also testified he never witnessed any arguments between
Jackson and Smith. Of significance to the supreme court was “that no one anticipated
any difficulty between Jackson and Smith. The attack appeared to be spontaneous
and unprovoked.” Id.
In the present case, the Defendants argue the Plaintiffs cannot prove: (1) the
employees of the Natchitoches Parish Detention Center had reasonable cause to
anticipate harm to Spencer Hymes; and (2) they failed to use reasonable care in
preventing such harm. In support of their motion for summary judgment, Defendants
submitted an affidavit from Crawford Ficklin, Jr., warden of the Natchitoches Parish
Detention Center. Warden Ficklin stated neither Spencer Hymes nor Jerry Johnson
5 had a history of violence while incarcerated. He had no knowledge of any animosity
between Hymes or Johnson prior to this incident. Hymes never informed him he
feared being attacked by Johnson. Additionally, the Defendants submitted the
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STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
04-928
PEGGY HARRISON AND RAYMOND HYMES
VERSUS
NATCHITOCHES PARISH SHERIFF’S DEPT., ET AL.
************** APPEAL FROM THE TENTH JUDICIAL DISTRICT COURT PARISH OF NATCHITOCHES, NUMBER 72796-B HONORABLE FRED SEXTON, JR., PRESIDING
************** SYLVIA R. COOKS JUDGE **************
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Michael G. Sullivan, Judges.
AFFIRMED.
Donald G. Kelly Kelly, Townsend & Thomas P.O. Box 756 Natchitoches, Louisiana 71458-0756 (318) 352-2353 COUNSEL FOR PLAINTIFF/APPELLANT: Raymond Hymes
Laura J. Johnson 126 Touline Street Natchitoches, Louisiana 71457 (318) 352-9125 COUNSEL FOR PLAINTIFF/APPELLANT: Peggy Harrison L. Lane Roy Dawn L. Morris Preis, Kraft & Roy P.O. Drawer 94-C Lafayette, Louisiana 70509 (337) 237-6062 COUNSEL FOR DEFENDANT/APPELLEE: Natchitoches Parish Sheriff’s Department Boyd B. Durr Victor Jones, Jr.
Ronald Corkern, Jr. Corkern & Crews P.O. Box 1036 Natchitoches, Louisiana 71457-1036 COUNSEL FOR DEFENDANT/APPELLEE: Natchitoches Parish Sheriff’s Department Boyd B. Durr Victor Jones, Jr.
2 COOKS, Judge.
STATEMENT OF THE CASE
On October 9, 1999, Spencer Hymes, while incarcerated in the Natchitoches
Parish Detention Center, was severely beaten by another inmate, Jerry “Lou”
Johnson. Several months after this beating, Spencer Hymes died as a result of the
injuries he sustained during the incident. Peggy Harrison and Raymond Hymes filed
a wrongful death and survival action on behalf of their son, Spencer Hymes, against
the Natchitoches Parish Sheriff’s Department, Boyd B. Durr, the former Natchitoches
Parish Sheriff, Victor Jones, the current Natchitoches Parish Sheriff, John Doe and
Jerry “Lou” Johnson.
The facts indicate on the evening of October 8, 1999, Jerry Johnson was placed
in lockdown for standing in front of a window in his underwear. When confronted,
Johnson cursed the law enforcement officers. Backup was called for and Sgt.
Williams and Officer Robinson escorted Johnson to lockdown. At approximately
2:15 a.m. Spencer Hymes was also sent to lockdown for being in an unauthorized area
and for alleged aggravated disobedience. Hymes was placed in the cell with Johnson.
While Hymes was sleeping, Johnson began to severely beat him about the head with
his foot. Johnson stated: “[T]hat morning we started arguing with each other and
then when he went to sleep my mind just clicked and I just woke up and started
stumping him in the head. . . . I kept on stumping him and then he started spitting
blood out the mouth. Then I beat on the door. I called for Ms. Joseph, told her he
was having a seizure.” Johnson eventually pled guilty to manslaughter.
The Plaintiffs allege Spencer Hymes’ death was caused by the intentional acts
of Johnson and by the negligence and recklessness of the Natchitoches Parish
Sheriff’s Department in failing to prevent the beating, failing to train employees to
3 prevent such beatings, failing to supervise, and failing to act reasonably under the
circumstances. Plaintiffs contend the Natchitoches Parish Sheriff’s Department had
reasonable cause to anticipate Hymes would suffer harm because of the violent and
volatile nature of Jerry Johnson; and it failed to use reasonable care to prevent the
harm. The Defendants moved for Summary Judgment. The trial court granted
Defendants’ Motion for Summary Judgment and dismissed the Plaintiffs’ petition.
For the reasons assigned below, we affirm the decision of the trial court.
LAW AND DISCUSSION
Two Louisiana Supreme Court cases, Parker v. State, 282 So.2d 483 (La.1983)
and Jackson v. Phelps, 95-2294 (La. 4/8/96), 672 So.2d 665, discuss the applicable
burden of proof to establish a penal institution is negligent in protecting inmates. In
Parker, the plaintiff, George Parker, an inmate in the Louisiana State Penitentiary,
was stabbed by Edmonson, another inmate, while in his bunk asleep. Edmonson had
a history of violence during his prison stay. Prior to stabbing Parker, Edmonson was
involved in three other incidents where he cut or struck another inmate using a
weapon. Edmonson threatened Parker, and Parker stated he reported the threats to
prison officials. The supreme court affirmed a dismissal of the complaint, stating:
The applicable rule has been frequently stated. A penal institution is not an insurer of an inmate against attacks by other inmates. The standard is that of reasonable or ordinary care. The majority rule is that in order to hold the penal authorities liable for an injury inflicted upon an inmate by another inmate, the authorities must know or have reason to anticipate that harm will ensue and fail to use reasonable care in preventing the harm. The record in the present case supports a finding that the penal authorities received notice that the plaintiff feared an attack from Edmonson. Such a notice alone, however, is insufficient to support liability under the above rule. Scores of reports of this kind are received weekly in the prison environment. For liability, the law requires at least adequate reason to anticipate harm and failure to take reasonable action to avert it.
Id. at 486. (Emphasis added)(citations omitted).
4 Parker argued prison officials were negligent, once they knew of the threats,
and failed to isolate him or place him in a facility apart from Edmonson. The
supreme court found the “steps taken by the authorities which included a conference
with the prisoners and a search for weapons, were reasonable under the
circumstances.” Id. at 487.
In Jackson, James Jackson, an inmate at Dixon Correctional Institute (DCI)
sued to recover damages for injuries he received when another inmate, James Smith,
cut his throat and stabbed him. Prior to the incident, Jackson did not disclose to
prison officials that he feared being attacked by Smith. The Louisiana Supreme Court
reversed a lower court finding of liability, stating:
The record in this case clearly establishes that the penal authorities at DCI had no reasonable cause to anticipate harm to plaintiff. Smith’s attack on Jackson came without warning to Jackson and prison officials. The warden testified that if he had known that Jackson and Smith were enemies, he would have kept them apart. The chief of security testified at trial that when a prisoner feels at risk from attack by another inmate, the prisoner can request to be placed in administrative lockdown.
Id. at 667.
A fellow inmate also testified he never witnessed any arguments between
Jackson and Smith. Of significance to the supreme court was “that no one anticipated
any difficulty between Jackson and Smith. The attack appeared to be spontaneous
and unprovoked.” Id.
In the present case, the Defendants argue the Plaintiffs cannot prove: (1) the
employees of the Natchitoches Parish Detention Center had reasonable cause to
anticipate harm to Spencer Hymes; and (2) they failed to use reasonable care in
preventing such harm. In support of their motion for summary judgment, Defendants
submitted an affidavit from Crawford Ficklin, Jr., warden of the Natchitoches Parish
Detention Center. Warden Ficklin stated neither Spencer Hymes nor Jerry Johnson
5 had a history of violence while incarcerated. He had no knowledge of any animosity
between Hymes or Johnson prior to this incident. Hymes never informed him he
feared being attacked by Johnson. Additionally, the Defendants submitted the
affidavits of Loraine Joseph, a correctional officer at the Natchitoches Parish
Detention Center. Officer Joseph stated Jerry Johnson did not have a history of
violence while incarcerated. She had no knowledge of any animosity between
Johnson and Hymes. Hymes never told her he was afraid of being attacked by
Johnson. Officer Joseph also stated: “In particular, to my knowledge, prior to
10/8/99, Hymes and Johnson had not argued, disagreed and/or fought for any reason.”
Affidavits of Officer Jerry Remedis, Officer Derrick Turner, and Sgt. Danny
Williamson, all correctional officers at the Natchitoches Parish Detention Center,
attested to basically the same facts as Officer Joseph.
The Plaintiffs contend Johnson’s attack on Hymes could have been reasonably
anticipated by law enforcement officials. Plaintiffs assert law enforcement officials
knew of Johnson’s violent and volatile personality, behavior disorders, his criminal
background as a juvenile and his convictions for simple burglary of an inhabited
dwelling, battery, possession of an illegal weapon and armed robbery. In support of
their position, the Plaintiffs offered copies of Johnson’s school records and his record
of criminal convictions, along with affidavits from his mother, Eunice Johnson, Sgt.
Brad Walker of the Natchitoches Parish City Police Department and Deputy Kevin
Stafford of the Natchitoches Parish Sheriff’s Office.
Ms. Eunice Johnson attested to the following:
That my son has had behavioral disorders since a very early age which started when he was in school. That he was teased and picked on because of his being a special ed student. A copy of the school records attached as Exhibit C reflects the propensity my son had for violence and disruptiveness in his early years. My son’s behavior was so disruptive that on occasion he traveled home on a school bus with no
6 other students. Also when he was in very young (kindergarten age) he was sent home by his teacher and it was stated to me that he could not attend school wearing boots because he kicked other students. On numerous occasions my son was home bound from school because of his behavior. .... During the years prior to my son reaching 17 years of age, he was in and out of Ware Detention Center, Cane River Children’s Home and North Louisiana Regional Hospital, all for behavioral problems, his temper and his violent nature.
Deputy Kevin Stafford of the Natchitoches Parish Sheriff’s Department
attested to the following:
Affiant knows and has personal knowledge of Jerry Johnson a/k/a Jerry Joseph Johnson and commonly referred to in the community as “Lou Dog.” On numerous occasions over the years, affiant has worked with Jerry Johnson, counseled with him and participated in various programs with him. It was obvious to affiant that Jerry Johnson had a propensity for violence and is a very explosive person. Affiant continued to counsel with Jerry Johnson and has specific recollection of Jerry Johnson coming to the Sheriff’s Office seeking my help regarding his anger management. During this conference Jerry Johnson indicated his need for help and stated he was “afraid he was going to hurt somebody.”
Sgt. Brad Walker of the Natchitoches Parish Police Department attested to the
following:
Affiant knows and has personal knowledge of Jerry Johnson a/k/a Jerry Joseph Johnson and commonly referred to in the community as “Lou.” Affiant further deposed that Jerry Johnson’s reputation in the law enforcement community of Natchitoches, Louisiana was a continuing history of violence. .... In either the year 1999 or the year 2000, I arrested Jerry Johnson on charges of armed robbery. He had entered the Easy Money Loan Company, pulled a knife and demanded money. He was either on parole or probation at the time of the incident. On February 7, 2000, he pled guilty to armed robbery.
We find the affidavits submitted by Plaintiffs are not enough to defeat a motion
for summary judgment. Based on jurisprudence by our Supreme Court, the
Natchitoches Parish Sheriff’s Department must know or have reason to anticipate
7 harm will ensue. Although Ms. Johnson, Deputy Stafford and Sgt. Brad Walker may
have known of Johnson’s propensity for unprovoked outbursts of violence, Plaintiffs
have failed to prove this information was shared with the officers at the correctional
facility or placed in Johnson’s file. Moreover, the affidavits submitted by the
Defendants indicate Johnson did not have a history of violent behavior toward other
inmates in the prison nor was there any evidence of prior animosity between Johnson
and Hymes to place prison officials on notice. Absent such evidence, we conclude
the Plaintiffs will not be able to establish prison officials knew or had reason to
anticipate harm to Hymes by Edmonson, and failed to use reasonable care to prevent
the harm. Parker, 282 So.2d 483. Accordingly, we affirm the decision of the trial
court.
DECREE
Based on the foregoing review of the record, we affirm the decision of the trial
court dismissing Plaintiffs claim. All costs of this appeal are assessed to Plaintiffs.