Richard F. Allgood v. Edward C. Morris, Warden of M.C.C. S v. Pruitt, Assistant Warden of M.C.C.

724 F.2d 1098, 1984 U.S. App. LEXIS 26484
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 12, 1984
Docket82-6809
StatusPublished
Cited by20 cases

This text of 724 F.2d 1098 (Richard F. Allgood v. Edward C. Morris, Warden of M.C.C. S v. Pruitt, Assistant Warden of M.C.C.) 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
Richard F. Allgood v. Edward C. Morris, Warden of M.C.C. S v. Pruitt, Assistant Warden of M.C.C., 724 F.2d 1098, 1984 U.S. App. LEXIS 26484 (4th Cir. 1984).

Opinions

K.K. HALL, Circuit Judge:

Richard F. Allgood appeals from the district court’s order granting summary judgment for defendants and dismissing his action brought pursuant to 42 U.S.C. § 1983. Finding no error, we affirm.

I.

In June, 1981, Allgood was incarcerated at Mecklenburg Correctional Center (MCC), a maximum security prison, in Virginia. After his assignment to a cellblock, Allgood claimed that other prisoners made racial comments and threatened him with physical harm. He complains he was the only white prisoner housed among eleven black prisoners in his cellblock.1

On June 26, 1981, Allgood was injured when an inmate struck him in the face. At approximately 9:30 that morning, Allgood had gone onto the basketball court after the conclusion of a game among other inmates. Without provocation, a black prisoner struck Allgood in the face with his fist. An emergency situation was called from the tower. Two correctional officers responded and separated Allgood and his assailant. Both were handcuffed and escorted back to their cells. After being returned to his cell and within five minutes of the attack, All-good was examined by MCC medical personnel. X-rays revealed that he had sustained a fracture, and he was transported to the Medical College of Virginia that same day and remained there until July 7, 1981.

Upon his return to MCC, Allgood was assigned to a different building. Again, he complained that he was the only white prisoner among eleven black prisoners and that these prisoners threatened to harm him. On July 21, 1981, the Institutional Classification Committee convened to determine Allgood’s promotion in the institutional phase program.. Allgood stated that he could “make it” in the building where he was then assigned but that he would like to be assigned to Building No. 5. On July 27, 1981, Allgood was transferred to Building No. 5 as he requested.

Two days later, on July 29,1981, Allgood wrote a “last will and testament” letter to his mother and implied that some harm would come to him. This prompted his mother to call the warden of MCC and inquire about her son’s welfare. Immediately after this conversation, correctional officers spoke with Allgood to see if he wished to move. Allgood alleges that he was offered protective segregation but that he refused it because this segregation would result in a loss of recreation and canteen privileges.

In September, 1981, the Regional Administrator of the Department of Corrections inquired about Allgood’s safety. Allgood was again advised that different housing arrangements could be explored. Allgood did not request to be transferred nor did he request to be placed in protective segregation.

On the morning of October 1, 1981, all inmates underwent a “shakedown” for possible weapons. At approximately 10:40 a.m. that morning Allgood was playing basketball when a black prisoner approached him and without any warning appeared to hit him with his fist. Correctional officers responded to separate the two men. It was later learned that Allgood had been [1100]*1100stabbed. Allgood was treated by the MCC medical department and was transported to South Hill Hospital. Upon his return to MCC, Allgood was housed in protective segregation while preparations were made for his transfer to another institution.

Allgood then instituted this action pursuant to 42 U.S.C. § 1988 alleging (1) that prior to his attacks, prison officials failed to protect him adequately from other inmates, (2) that during his attacks the prison guards made no effort to rescue him, and (3) that after the attacks he received inadequate medical treatment. The district court granted summary judgment for the prison officials and held that under Breeden v. Jackson, 457 F.2d 578 (4th Cir.1972), the prison officials had fulfilled any duty to protect Allgood because protective segregation was available to him at all times. The district court further held that affidavits and other supporting documents submitted by prison officials showed that the guards promptly rescued Allgood and that prison officials did not demonstrate a deliberate indifference to Allgood’s medical needs. Allgood appeals.

II.

On appeal, Allgood’s primary contention is that his confinement in protective segregation violated his Fourteenth and Eighth Amendment rights. He argues that because a prisoner in protective segregation loses privileges afforded those in the general population, placing an inmate who has not violated prison rules in protective segregation contravenes the equal protection clause of the Fourteenth Amendment. All-good further contends that the Eighth Amendment requires an alternative to protective segregation for a prisoner seeking protection from physical harm. We do not agree with these contentions.

In Breeden v. Jackson, 457 F.2d 578 (4th Cir.1972), this Court addressed the differences in privileges between inmates in the general population and those in protective custody. In Breeden, a Virginia prisoner was transferred at his own request from the general prison population to maximum security. He complained that the deprivations imposed upon him in maximum security represented cruel and unusual punishment prohibited by the Eighth Amendment. His complaints related to limited recreational or exercise opportunities, the prison menu, and restricted shaving and bathing privileges. Addressing the issue of limited privileges, this Court stated that:

So long as the rules of prison management ... “are necessary or reasonable concomitants of imprisonment,” ... so long as the rules are not exercised “in such a manner to constitute clear arbitrariness or caprice,” no constitutional rights are infringed.
The deprivations of which the petitioner complains here do not assume constitutional dimensions; they are neither arbitrary nor capricious. Under petitioner’s own claim, they are the usual and accepted regulations imposed in maximum security. They “[do not] amount to . .. denials of equal protection of the laws.” They are manifestly within the discretionary authority of the prison administration.

Id. at 580-81. The complaints of Allgood are almost identical to those of the prisoner in Breeden, and we conclude that the prison restrictions, then and now, “are neither arbitrary nor capricious” and are not “denials of equal protection of the laws.” Id. at 581.

The test applicable to determine whether there is a violation of equal protection between inmates in the general prison population and those in protective segregation is to “inquire only whether the challenged distinction rationally furthers some legitimate, articulated state purpose.” McGinnis v. Royster, 410 U.S. 263, 270, 93 S.Ct. 1055, 1059, 35 L.Ed.2d 282 (1973). The restriction on privileges granted to Allgood in protective segregation is a function of security and order. The rationality of a distinction between privileges for prisoners in the general population and those in protective segregation goes to the fundamental purpose of such segregation.

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724 F.2d 1098, 1984 U.S. App. LEXIS 26484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-f-allgood-v-edward-c-morris-warden-of-mcc-s-v-pruitt-ca4-1984.