Stanton v. Furlong

73 F. App'x 332
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 18, 2003
Docket02-1336
StatusUnpublished
Cited by3 cases

This text of 73 F. App'x 332 (Stanton v. Furlong) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanton v. Furlong, 73 F. App'x 332 (10th Cir. 2003).

Opinion

ORDER AND JUDGMENT *

SEYMOUR, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. RApp. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Plaintiff Dennis L. Stanton, an inmate at Colorado’s Sterling Correctional Facility (SCF) during the period relevant to this action, appeals from a judgment in favor of SCF officer Larry Steerman following a bench trial on his claims of excessive force and retaliation. 1 We review the district court’s legal conclusions de novo and its fact findings for clear error, Silbrico Corp. v. Ortiz, 878 F.2d 333, 334 (10th Cir.1989), and affirm for the reasons explained below.

The basic historical facts are largely undisputed. Where conflicts in the evidence do exist, we follow the pertinent findings of the district court, which have specific “factual support in the record” and do not leave us “with the definite and firm conviction that a mistake has been made.” Nieto v. Kapoor, 268 F.3d 1208, 1217 (10th Cir.2001).

Stanton’s claims have their genesis in a disagreement over a rule barring unassigned inmates from the prison recreation yard on weekends and holidays. Shortly after Stanton successfully challenged a disciplinary action based on his violation of the rule, he and Steerman had a conversation about its continued enforcement, culminating with a pointed exchange in which Stanton (1) stated he intended to use the yard and hoped Steerman would be there when he did “to try and stop him,” and (2) *334 replied to Steerman’s inquiry whether that was a threat by saying “you’re damn right it is.” Steerman responded by handcuffing Stanton and having him escorted to the shift commander’s office. After questioning Stanton for some ten minutes, the shift commander ordered him taken to segregation for threatening an officer. This disciplinary action was upheld through administrative appeal and subsequent state judicial review.

Stanton said nothing about the handcuffs to the shift commander, but when he was being escorted he complained that the right handcuff was too tight. One of the officers agreed to loosen it and in the process also found that it was not double-locked. The officer reported both matters to the shift commander and Steerman was counseled about proper handcuffing procedure. When Stanton arrived at the segregation unit and complained of some tingling in his right wrist, he was examined by medical personnel. They found two abrasions and some slight edema-the kind of minor trauma which other testimony in the record indicated was consistent with the normal use of handcuffs. X-rays taken a few days later revealed an old, poorly healed fracture but no new injury to the wrist.

On these facts, the district court held that Steerman had not used excessive force in handcuffing Stanton. The district court applied the proper legal standard, asking whether Steerman had “acted maliciously and sadistically for the very purpose of causing harm rather than in a good-faith effort to maintain or restore discipline.” Mitchell v. Maynard, 80 F.3d 1433, 1440 (10th Cir.1996) (following Hudson v. McMillian, 503 U.S. 1, 6-7, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992)); see also Northington v. Jackson, 973 F.2d 1518, 1523 (10th Cir.1992). Noting the evident security purpose for Steerman’s use of the handcuffs, the length of time during which the handcuffed Stanton voiced no discomfort while speaking with the shift commander, and the relatively minor indicia of trauma ultimately found on medical examination, the district court concluded that Steerman did not handcuff Stanton maliciously to inflict pain or cause harm but reasonably to maintain order while the appropriate institutional response to Stanton’s threatening behavior was decided upon. See R., Supp. Vol. I, at 196. We discern no error in this necessarily circumstantial determination. In particular, we note that while significant physical injury is not a legal prerequisite for an excessive-force claim, the extent of the injury inflicted on an inmate can be, and clearly was here, a relevant factual consideration “in determining whether corrections officers unnecessarily and wantonly inflicted pain.” Northington, 973 F.2d at 1523.

The principles governing Stanton’s claim of retaliatory prison discipline were summarized by this court in Peterson v. Shanks, 149 F.3d 1140, 1144 (10th Cir. 1998):

We have held that prison officials may not retaliate against or harass an inmate because of the inmate’s exercise of his constitutional rights. This principle applies even where the action taken in retaliation would be otherwise permissible .... [H]owever, it is not the role of the federal judiciary to scrutinize and interfere with the daily operations of a state prison, and our retaliation jurisprudence does not change this role. Obviously, an inmate is not inoculated from the normal conditions of confinement experienced by convicted felons serving time in prison merely because he has engaged in protected activity. Accordingly, a plaintiff must prove that but for the retaliatory motive, the incidents to which he refers, including the disciplinary action, would not have taken place.

*335 (emphasis added, citation and quotations omitted). Given the “but for” causation test to be applied and unique prison-management interests to be accommodated, if a reasonably related “legitimate penological interest” is found, in fact, to underlie the challenged disciplinary action, a retaliation claim must fail. See id. Here, the district court’s finding that Stanton was disciplined because of misconduct has factual support in the record and suffices to defeat Stanton’s retaliation claim.

Finally, Stanton argues that the district court impermissibly prejudiced his case when it denied his last-minute motion for service of subpoenas on numerous witnesses. We review a procedural ruling solely for an abuse of discretion. See, e.g., United States v. Lepiscopo, 458 F.2d 977, 978 (10th Cir.1972); United States v. Gutierrez, 48 F.3d 1134, 1138 (10th Cir.1995).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lovato v. Lytle
D. New Mexico, 2024
Williams v. Gray
W.D. Oklahoma, 2022
Blount v. Marin
D. Colorado, 2020

Cite This Page — Counsel Stack

Bluebook (online)
73 F. App'x 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-furlong-ca10-2003.