Perry v. Dickhaut

125 F. Supp. 3d 285, 2015 U.S. Dist. LEXIS 113825, 2015 WL 5074477
CourtDistrict Court, D. Massachusetts
DecidedAugust 27, 2015
DocketCivil Action No. 11-40004-TSH
StatusPublished
Cited by12 cases

This text of 125 F. Supp. 3d 285 (Perry v. Dickhaut) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perry v. Dickhaut, 125 F. Supp. 3d 285, 2015 U.S. Dist. LEXIS 113825, 2015 WL 5074477 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER ON DEPARTMENT OF CORRECTIONS DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Docket No. 111) AND DEFENDANT SALLY MAYNARD’S MOTION FOR SUMMARY JUDGMENT (Docket No. 114)

HILLMAN, District Judge.

This case arises out of attempts by Massachusetts Department of Corrections (“DOC”) staff at the Souza-Baranowski Correctional Center to “double bunk” inmate Rico Perry (“Plaintiff’) with a cellmate in two different cells on March 18, 19, and 20, 2010. Plaintiff filed this action against DOC Defendants Thomas Dickhaut, Anthony Mendonsa, Terrance Fougere, Robert Blood, Yvin LeBlanc, Joel Larochelle, Michael Farley, and Nurse Sally Maynard, asserting claims under 42 U.S.C. § 1983 for violations of his rights secured by the Eighth and Fourteenth Amendments of the U.S. Constitution.1 The DOC Defendants and Nurse Maynard have each filed motions for summary judgment on the claims against them. (Docket Nos. 111 and 114). For the reasons set forth below, the motions are granted in part and denied in part.

Background

For purposes of these summary judgment motions, the facts of this case are recounted from the record in the light most favorable to the non-moving party. Scanlon v. Dep’t of Army, 277 F.3d 598, 600 (1st Cir.2002). Plaintiff Rico Perry is incarcerated at the Souza-Baranowski Correctional Center (“SBCC”), a maximum-security correctional facility located in Shirley, Massachusetts. At all times relevant to the instant action, Thomas Dickhaut was the Superintendent of SBCC. Anthony Mendonsa was the Deputy Superintendent of Programs and Classification. The other DOC Defendants held the following positions: Terrance Fougere was a Lieutenant; Robert Blood was a Captain; Yvin LeBlanc and Michael Farley were Sergeants, and Joel Larochelle was a Correction Officer. Sally Maynard was a Registered Nurse working at SBCC, but employed by University of Massachusetts Correctional Health.

Until 2009, SBCC housed only one inmate per cell. See Dickhaut Aff., Docket No. 113-1, Ex. A, ¶ 24. Beginning in January of that year, as part of organizational changes within DOC facilities, maximum security inmates from MCI-Cedar June[289]*289tion were transferred to SBCC. Id. As a result, some inmates were reassigned to double-bunked cells. Id. at ¶¶ 25-26. Upon notification of this change, inmates routinely advised correctional staff of their dissatisfaction with the prospective double-bunk policy. Id. at ¶ 25. As the transition to double bunking occurred, inmates resisted in a number of ways, including by staging fights with cellmates, making false claims of enemy conflicts in order to remain in single-bunked cells,2 and violating institutional rules for the purpose of being sent to the Special Management Unit (a unit that did not transition to double-bunked cells until after the rest of the facility). Id. at ¶ 26. In 2010, to remove the incentive for inmates to cause disruptions for the purpose of being placed in Special Management Unit singles, SBCC began to double bunk some of those cells. See Dickhaut Dep. (Cordero Litigation), Docket No. 127-1, Ex. F, at 146:16-148:20.

DOC staff attempts to double bunk Plaintiff on March 18, 2010

On March 18, 2010, Correction Officer Brian Boisse informed Plaintiff that he was assigned to be housed with another inmate in cell #30 in Special Management Unit J3. See Disciplinary Report, Docket No. 113-1, Ex. E. Upon learning of the assignment, Plaintiff refused, stating “I ain’t living with anybody up in this place.” Id. Captain Blood, the Shift Commander, was informed of Plaintiffs response. See Blood Aff., Docket No. 113-1, Ex. SS, ¶ 4. He relayed this information through the chain of command, and Superintendent Dickhaut authorized the use of force, in-eluding the úse of chemical agent, to force Plaintiff to comply. Id. at ¶ 5. Around 5:00 pm that evening, Lieutenant Fougere went to the K-3 recreation deck, where Perry was being held in a cage pending his relocation to cell J3-30. See Fougere Aff., Docket No. 113-1, Ex. OO, ¶¶ 4-5. Under orders from Captain Blood, Fougere told Plaintiff that he was to be double bunked and instructed him to come to the door to be placed in restraints. Id. at ¶ 5. Plaintiff refused, saying “I’m not double bunking with anyone.” Id. at ¶ 6. Fougere told Plaintiff that SBCC Administration had authorized the use of force if he continued to refuse. Id.

DOC staff videotaped the subsequent attempts to double bunk Plaintiff. See SBCC DVD Disk 102, Docket No. 116, Ex. 3. Following Plaintiffs initial refusal, Captain Blood asked Nurse Sally Maynard to determine whether Plaintiff was inebriated. See SBCC DVD Disk 102, at 00:06-40. Maynard was escorted to the recreation deck where Plaintiff was located; she told Plaintiff that SBCC staff wanted him to comply with the rules and be double bunked. Id. at 00:41-01:45. Plaintiff did not acknowledge or respond to Maynard. Id. Maynard reported to Captain Blood that based on her assessment, Plaintiff was not inebriated. Id. at 02:00. Captain Blood next requested mental health professional Jen Geary to assess Plaintiff and inform him that Superintendent Dickhaut had authorized the use of force and chemical agent to relocate Plaintiff to J3-30. Id. at 02:20-55. Geary did so, and Plaintiff responded by stating that he needed time by himself. Id. [290]*290at 03:00-04:10. As a result, of Plaintiffs continued refusal, Captain Blood authorized an “Extraction Team” — a team of seven DOC employees from the Special Operations Division — to use force and chemical agent to relocate Plaintiff. Id. at 04:55-05:55. Blood informed the team that the only chemical agent they were to use was oleoresin capsicum, or, “OC” (pepper spray).3 Id. The Extraction Team was led by Lieutenant Daniel Lemieux. None of the remaining defendants were part of the March. 18. Extraction Team. See Use of Force Report, Docket No. 113-1, Ex. J.

The Extraction Team arrived at the K3 recreation deck around 5:35 pm. Id. at 07:35. They brought Plaintiff out of the unit without incident, and escorted him to J3-30. Id. at 07:35-15:00. Before arriving at the cell, Plaintiff informed Nurse Maynard that his only medical issue was that he “need[ed] time alone.” Id. at 14:20. Plaintiff entered J3-30 at 5:43 pm. Id. at 15:50. Upon entering the cell, both Plaintiff and cellmate Robert Williams voluntarily had their restraints removed. Id. at 15:55-18:00. Once the restraints were off, the cellmates immediately began pushing, grabbing, and punching each other in the head. Id. at 18:03. Lemieux ordered the inmates to stop, but they continued to fight. Id. at 18:12. Consequently, Lemieux dispensed one burst of OC into the cell. Id. at 18:53. The spray caused Plaintiff and Williams to cease fighting and back up to the door so that wrist restraints could be applied. Id. at 19:00-20:45.

The Extraction Team removed Plaintiff and Williams without incident, and escorted them to a common area to be examined by medical personnel. Id. at 20:50-25:10. Nurse Maynard washed Plaintiff’s eyes out and'asked whether he had any injuries. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
125 F. Supp. 3d 285, 2015 U.S. Dist. LEXIS 113825, 2015 WL 5074477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-dickhaut-mad-2015.