Reece v. Groose

60 F.3d 487, 1995 WL 424475
Court of Appeals for the Eighth Circuit·Decided July 20, 1995·No. No. 94-2165·Published·Cited by 63 cases

Opinion

RICHARD S. ARNOLD, Chief Judge.

Gerry Reece, an inmate at the Jefferson City Correctional Center, filed this lawsuit under 42 U.S.C. § 1983 against the defendants, all officers and employees of the Missouri Penal System. Reece alleges that all of the defendants except for Charles Verdugo failed to protect him from a substantial risk of serious harm in violation of the Eighth Amendment. Reece alleges that Charles Verdugo violated the Eighth Amendment by being deliberately indifferent to a serious medical need. In the District Court,1 the defendants moved for summary judgment on, among other things, qualified-immunity grounds. That motion was denied, and this interlocutory appeal followed. We affirm.

I.

This lawsuit grew out of an assault on Reece while he was in administrative segregation for his own protection. That the assault occurred is not the question before us; the defendants’ responsibility for it is. At this preliminary stage of the proceedings, we view the facts in the light most favorable to Reece, Wright v. South Arkansas Regional Health Center, Inc., 800 F.2d 199, 203 (8th Cir.1986), and recite them now accordingly.

Before entering prison, Reece had been an informant for the Drug Enforcement Administration and had testified against Nick No-dine in Nodine’s 1989 murder trial. Because of these activities, Reece’s fellow prisoners considered him a “snitch,” thus placing him at substantial risk of injury at their hands. Because of this risk, Reece was placed in administrative segregation for his own protection.

On November 23, 1992, an inmate named Albert Davis assaulted Reece by throwing hot water on him. Davis was, at the time, a “walkman” in the administrative-segregation unit. Walkmen are inmates charged with duties such as sweeping the walk in a unit of the prison. They are the only inmates who have access to inmates in administrative segregation. Walkman Davis’s conduct record prior to this assault listed numerous violations, including threats, destroying property, possessing dangerous contraband, creating a disturbance, and insulting behavior.

Following this assault, Reece could not get anyone’s attention, so he set some paper on fire outside his cell. Officer Charles Verdu-go noticed the smoke, came to Reece’s cell, and extinguished the fire. Reece told Verdu-go that he needed medical attention, but [489] Verdugo, who says he believed that Reece had no injuries, refused. Within two hours, however, Reece did receive treatment. Medical personnel found that Reece had no first-degree burns and treated him with an ointment. There is no indication that the delay aggravated his condition.

II.

We first address the issue of our jurisdiction. The denial of a motion for summary judgment based on qualified immunity is immediately appealable. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985). Reece asserts, however, that the defendants are going beyond their qualified-immunity defense and are reasserting their summary-judgment argument that there is no genuine issue of fact for the jury. We hold that we have jurisdiction to hear the appeal.

It is instructive to define the jurisdictional line drawn by the Supreme Court in two separate cases. In Swint v. Chambers County Commission, — U.S. -, 115 S.Ct. 1203, 131 L.Ed.2d 60 (1995), the plaintiff sued individual deputies, the county sheriff, and the county for civil-rights violations. The individual defendants moved for summary judgment based on qualified immunity. The county also moved for summary judgment, arguing that the sheriff was not a policy-maker for the county. Both motions were denied by the District Court, and an immediate appeal was taken to the Eleventh Circuit, where that Court addressed not only the qualified-immunity issue, but also the policy-maker issue.

The Eleventh Circuit relied on “pendent-party” appellate jurisdiction in order to address the policy-maker issue. The Supreme Court held that no such jurisdiction exists. Therefore, the Court of Appeals had no jurisdiction to hear the appeal. Notably, the pendent issue, whether the sheriff was a policy-maker for the county, was separate and distinct from the qualified-immunity issue, whether the law that the individual defendants were alleged to have violated was clearly established.

On the other side of the fine is Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). There, following a war-rantless search by the defendant, Anderson, the plaintiffs sued, alleging a violation of their Fourth Amendment right to be free from unreasonable searches. The District Court granted Anderson’s motion for summary judgment, but this Court reversed, holding that there was a question of fact as to whether the warrantless search was supported by probable cause and exigent circumstances. We also held that Anderson was not entitled to qualified immunity, because the right allegedly violated, freedom from unreasonable searches, was clearly established.

The Supreme Court reversed, holding that the standard we employed was too narrow. The “relevant question” for qualified-immunity purposes was not whether the right to be free from unreasonable searches was clearly established, but rather “whether a reasonable officer could have believed Anderson’s warrantless search to be lawful, in light of clearly established law and the information the searching officers possessed.” Id. at 641, 107 S.Ct. at 3040. Thus, in this sort of case, the qualified-immunity standard not only requires courts of appeals to examine what law is clearly established, but also “require[s] an examination of the information possessed by” government officials accused of violating that law. Ibid.

The Supreme Court has thus delineated our jurisdiction in qualified-immunity cases. If, as in Swint, a party asks us, in an interlocutory appeal, to examine a question that is separate and distinct from the qualified-immunity issue, we must dismiss the appeal for want of jurisdiction. If, on the other hand, the party asserting qualified immunity asks us to examine the facts as they were known to the government official in order to determine whether clearly established law would be violated by his actions, Anderson requires that we accept jurisdiction and address their arguments.

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Reece v. Groose, 60 F.3d 487, 1995 WL 424475 (8th Cir. 1995).

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