Smith v. Johnson

• Court: District Court, E.D. Arkansas
• Decided: September 22, 2021
• Docket: 4:20-cv-00527
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JEREMIAH SMITH ADC #165624 PLAINTIFF VS. 4:20-CV-00527-BRW LASHONDA JOHNSON DEFENDANT

ORDER I. BACKGROUND In his Complaint, Plaintiff alleges that Defendant Lashonda Johnson, a Correctional Officer at the Tucker Maximum Security Unit used excessive force against him when she choked him during a search of his cell.1 On July 9, 2021, a Clerk’s Entry of Default was entered against Defendant. On July 28, 2021, I entered an Order granting in part and denying in part Plaintiff’s motion for default judgment.2 That Order granted Plaintiff’s motion regarding Defendant’s liability, but directed Plaintiff to file any affidavits, declarations, or other materials that support his damages claim within 30 days.3 On August 4, 2021, Plaintiff filed a Notice that included an affidavit that stated he was “requesting the small amount of $3,500” and recited his allegations about the incident.4 Additionally, the Notice contained a copy of Plaintiff’s official medical request form that

1Doc. No. 2. 2Doc. No. 41. 3Id. 4Doc. No. 44, p. 1. showed he was seen by medical staff after the incident5 and a copy of the grievance response he received from the warden that indicated his claim had merit and corrective action was taken.6 II. DAMAGES I have considered damages awarded in other cases where a prisoner was subjected to

excessive force by a correctional officer.7 The damages awards vary depending on the extent of the injures and the degree of medical attention required.8 Defendant violated Plaintiff’s Eighth Amendment rights. Defendant choked Plaintiff and left him spitting-up blood and struggling to swallow.9 However, Plaintiff has provided no evidence showing extensive injuries or the amount of medical treatment that resulted from the incident. Under these circumstances, it is appropriate to award $100.00 in compensatory damages10 and $1000.00 in punitive damages.11

5Id. at 2. 6Id. at 3. 7See Estate of Davis v. Delo, 115 F.3d 1388 (8th Cir.1997) (affirming award of $10,000 actual damages and $5,000 punitive damages where the prisoner plaintiff was struck in the head and face 20 to 25 times by a guard, suffering serious injuries as a result); Freeman v. Franzen, 695 F.2d 485, 493-94 (7th Cir.1982) (jury awarded inmate compensatory damages of $2,500 against one defendant and $250 each against two others; defendant prison guards “repeatedly punched and kicked Freeman in the back, face, and testicles” and plaintiff’s “entire body hurt” though there was no permanent injury; the Seventh Circuit described the modest awards as “certainly not excessive”); Williams v. Omodt, 640 F.Supp. 120 (D.Minn.1986) (awarding compensatory damages of $5,000 where corrections officer hit and choked handcuffed inmate, causing bruising, contusions, swelling, and pain, but no permanent physical injury). 8Id. 9Id. at 2. 10Heck v. Humphrey, 512 U.S. 477, 487 (1994) (holding that to recover compensatory damages, Plaintiff must plead and prove an “actual, compensable injury.”) 11Washington v. Denney, 900 F.3d 549, 564 (8th Cir. 2018) (holding punitive damages are appropriate in a § 1983 case when the defendant’s conduct involves reckless or callous indifference to the federally protected rights of others). CONCLUSION Based on the findings of fact and conclusions of law above, Plaintiff is awarded $100.00 in compensatory damages and $1000.00 in punitive damages. IT IS SO ORDERED this 22nd day of September, 2021.

BILLY ROY WILSON UNITED STATES DISTRICT JUDGE