Sperle v. Michigan Department of Corrections

297 F.3d 483
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 25, 2002
DocketNo. 00-1468
StatusPublished
Cited by9 cases

This text of 297 F.3d 483 (Sperle v. Michigan Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sperle v. Michigan Department of Corrections, 297 F.3d 483 (6th Cir. 2002).

Opinion

OPINION

GILMAN, Circuit Judge.

Tammy L. Sperle was murdered by an inmate while working as the storekeeper at the Huron Valley Men’s Facility (HVMF), a Michigan state prison. The decedent’s husband, Allan J. Sperle, subsequently brought this lawsuit against the Michigan Department of Corrections (MDOC) and various individuals associated with the MDOC and the HVMF. Sperle alleges, among other things, that the defendants (1) violated his wife’s substantive due process rights by failing to prevent her murder, (2) allowed a sexually hostile work environment to exist at the HVMF, and (3) caused the intentional infliction of emotional distress. The defendants moved for summary judgment. After concluding that the defendants were entitled to judgment as a matter of law, the district court granted their motion on all but one of Sperle’s claims. This remaining claim, brought under state law, was then dismissed without prejudice. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

Tammy Sperle began working as the storekeeper at the HVMF’s prisoner store in June of 1994. Prison inmates are able to purchase personal items such as cigarettes, snack food, stationery, and grooming supplies at the store. As the storekeeper, Tammy Sperle was responsible for ordering merchandise from vendors, sell[487]*487ing the goods to inmates, keeping track of the monthly inventory, transporting items from the HVMF’s warehouse to the store, and supervising three prisoner employees. She also held monthly meetings with two inmates who served on a subcommittee of the Warden’s Forum, a group of elected representatives who conveyed the concerns and complaints of inmates to the HVMF staff. During these meetings, she would answer the representatives’ questions and elicit their views regarding what products the inmates wanted to have added to the store’s inventory. No other HVMF employee worked in the store with Tammy Sperle.

The store, which was located in the HVMF’s school building, had two entrances. One was a steel door that led from the exterior prison yard into the store. This door, which had a large window that permitted someone inside the store to see persons standing outside of it in the yard, was always kept locked. It could be opened from the yard by using a key and from inside the store by pushing a bar. Only Tammy Sperle, the HVMF warehouse workers who sometimes substituted for her, and the yard sergeant had keys to this exterior door.

The second entrance was through a door leading from the hallway inside the school building to a section of the store where a laundry was located. This door had a long, narrow window. At some point prior to her murder, Tammy Sperle covered this window to prevent prisoners who were in the school building for classes from looking in at her as they passed the doorway or from knocking on the door to ask her about merchandise. Several of the defendants were aware that the window was covered prior to Tammy Sperle’s murder. They disagree as to whether the inability to look into the store was a security risk.

Defendants Stephen Morton and Peter Zissimos were working as corrections officers at the HVMF in February of 1996. Their duties included maintaining security in the school building. Morton’s responsibilities required him to enter each classroom twice an hour to make certain that the rooms were secure. Neither Morton nor Zissimos, however, was instructed to check on Tammy Sperle.

On February 5, 1996, Tammy Sperle was murdered while working in the store. An investigation into her death revealed that HVMF inmate Clarence Herndon strangled Tammy Sperle sometime between 12:35 p.m. and 1:00 p.m. that day. A Michigan state-court jury convicted Herndon of first-degree murder in October of 1998.

Tammy Sperle’s first encounter with Herndon occurred when she began working at the HVMF in June of 1994. Hern-don was serving as a prisoner store worker at' that time. ’ Tammy Sperle terminated his employment the following month, however, because his medical limitations restricted his ability to perform’ the necessary work. Herndon filed a grievance that sought reassignment within the store, but his request was denied. Tammy Sperle and Herndon continued to see each other at the HVMF after his dismissal. In fact, Corrections Officer Zissimos observed them arguing in January of 1996.

On- the morning of her murder, Tammy Sperle met with the two members of the prisoner store committee, a subcommittee of the Warden’s Forum. These two members were Herndon and inmate Michael Miller. The meeting, which included, among other things, discussions of a soup sample, lasted for about an hour. Corrections Officer B. Christian spoke with Tammy Sperle at about 10:30 a.m., after the meeting had ended, and asked her what she had planned for the day. She told him [488]*488that no inmates would be in the store and that she would be working on the inventory by herself. Christian was then relieved by Tammy Sperle of any store duties and was reassigned by the HVMF administration to assist in providing custody for an inmate who was being taken to the hospital. If the store had been open for inmates to purchase items, one corrections officer would have been assigned to the store and a second, officer would have been monitoring the line outside the store.

After the meeting of the prisoner store committee, Herndon left the school building and checked into his housing unit at 10:35 a.m. He left the housing section at 11:55 a.m. when his unit was called for lunch. Herndon was later observed in his housing unit at 1:00 p.m.

Perry Taylor, a HVMF employee who had been working at the prison’s Technical Rules Violation Center, found Tammy Sperle lying in a pool of blood on the floor of the prisoner store at 1:40 p.m. Efforts to resuscitate her were unsuccessful. Prior to Taylor’s finding Tammy Sperle’s body, HVMF officials had telephoned the store at 12:45 p.m. and 1:00 p.m., but those calls went unanswered.

Several details relating to the events surrounding Tammy Sperle’s murder are the subject of disagreement between the parties. The first dispute pertains to the yard sergeant’s key ring, which included a key to the store’s exterior door. 'Both parties agree that the key ring was reported missing on December 11, 1995. But Allan Sperle contends that its- whereabouts was not fully established prior to his wife’s murder. Although an e-mail message stated that the key ring was found on the perimeter road outside of the HVMF’s fencing on January 30, 1996, Allan Sperle emphasizes that the return of the key ring was never documented in any logbook.

The second subject of disagreement relates to the availability of personal protection devices (PPDs) for HVMF employees working in the school building. A PPD emits an electronic signal that enables employees to communicate with the HVMF’s security guards in the event of an emergency. If the button on a PPD is pressed, an alarm sounds in the prison’s control center to indicate that the staff member to whom the transmitting PPD has been assigned is in danger and needs assistance. The defendants acknowledge that Tammy Sperle was not wearing a PPD on the day of her murder and had not previously been issued a PPD. Allan Sperle contends that his wife was unable to obtain a PPD because Corrections Officer Morton had stored the PPDs for the school building in a locked cabinet and had never issued them to the building’s employees.

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Sperle v. Michigan Department Of Corrections
297 F.3d 483 (Sixth Circuit, 2002)

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Bluebook (online)
297 F.3d 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sperle-v-michigan-department-of-corrections-ca6-2002.