Timothy Johnson v. Martha Hamilton etc.

452 F.3d 967
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 5, 2006
Docket05-1453
StatusPublished
Cited by1 cases

This text of 452 F.3d 967 (Timothy Johnson v. Martha Hamilton etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Timothy Johnson v. Martha Hamilton etc., 452 F.3d 967 (8th Cir. 2006).

Opinions

WOLLMAN, Circuit Judge.

Timothy Johnson appeals the district court’s1 grant of summary judgment in favor of several current and former employees of the Missouri Department of Corrections, Correctional Medical Services, Inc. (Correctional Medical), Dr. Jac-que Lamour, Sarah (Jane) Doe, and Candace Palmer. We affirm.

I.

Johnson is an inmate in the Missouri Department of Corrections. On May 2, 2000, while being held at the Jefferson City Correctional Center, he was involved in a physical confrontation with David Webster and Stanley Swicord, who at that time were employed by the Missouri Department of Corrections as, respectively, a caseworker and a classification assistant. Earlier that morning, Webster had observed Johnson wearing a hoop earring, which was prohibited in that institution. Webster confiscated the hoop earring and told Johnson that he would be issued a conduct violation. A short time later, Webster escorted Johnson to Swicord’s office to be interviewed about the conduct violation. At the conclusion of the interview, Johnson began to leave the office, whereupon Webster noticed what appeared to be a prohibited diamond earring in Johnson’s ear. Webster ordered Johnson to stop and to return to the office, and Johnson did so.

The individual accounts of the events which followed are inconsistent. Johnson testified that Webster grabbed his hair, twisted his head, and attempted to pull the earring from his ear. According to Johnson’s account, he pushed Webster away and that when Webster again approached [971]*971him, Johnson struck Webster, sending him down to one knee. Swieord then attempted to intervene by throwing a metal paper holder at Johnson. The paper holder missed Johnson, and Swieord moved to physically restrain him.

According to Johnson’s testimony, Webster struck him with “a couple” of glancing blows while he was being restrained by Swieord. Johnson and Swieord then fell, with Swieord pinning Johnson to the floor. Johnson claims that while he was restrained on the floor, Webster stomped and kicked his hand and wrist. Johnson testified that he then “sort of bench pressed” Swieord off him, got to his feet, and struck Swieord and Webster several times until they were both beaten into submission.

Both Swieord and Webster received serious injuries in this altercation. Webster now suffers from short-term memory loss, a permanent 25% disability in his left shoulder, and headaches. Swieord suffered a triple fracture in his face and a collapsed sinus wall, and he continues to suffer from headaches and sinus problems.

Following the altercation, Johnson was removed to administrative segregation, where he was examined by Nurse Martha Hamilton. Hamilton treated Johnson for skin abrasions and provided him with antibiotic ointment to treat the injury. On May 8, 2000, Johnson submitted his first medical request, complaining of pain in his right hand and neck and requesting x-rays of those areas. On May 17, 2000, Johnson was examined by Nurse Susie Akers, who treated him with ibuprofen and referred him to a doctor. Johnson testified that Akers told him that, based on the length of time that it had been swollen, he likely had a fracture in his finger. Johnson submitted another medical request on June 18, 2000, and he was seen that same day by Dr. Jacques Lamour, who ordered an x-ray of Johnson’s hand, prescribed additional pain medication for him, and instructed Johnson to return in two weeks for a follow up. A July 3, 2000, x-ray of Johnson’s right hand revealed a fracture in one of the fingers. Dr. Lamour then referred Johnson to an orthopedic surgeon, from whom Johnson received specialized treatment for the fracture until November 2000.

Johnson was criminally prosecuted for his role in the physical confrontation and was found guilty of offering violence to an officer of the Missouri Department of Corrections. Johnson also received a conduct violation and was placed in administrative segregation as a result of the incident. He subsequently filed an action pursuant to 18 U.S.C. § 1983 in the district court, alleging several violations of his Eighth and Fourteenth Amendment rights. First, he alleged that Webster and Swieord used excessive force during the physical confrontation. Second, he alleged that Correctional Medical and several of its employees were negligent in caring for his injury and that they had acted with deliberate indifference to his serious medical needs. Third, he alleged that he was subjected to cruel and unusual punishment because he was forced to share a cell in administrative segregation. Fourth, he alleged several violations of his due process rights related to decisions to confine him to administrative segregation and an alleged deprivation of access to legal papers, materials, and counsel. The district court granted summary judgment in favor of all of the defendants on the federal constitutional claims and dismissed without prejudice the state law negligence claims. On appeal, Johnson argues that the district court erred in granting summary judgment on his various federal claims.

II.

We review de novo a district court’s grant of summary judgment. Aviation [972]*972ChaHer, Inc. v. Aviation Research Group/US, 416 F.3d 864, 868 (8th Cir.2005). Summary judgment is proper if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Aviation ChaHer, 416 F.3d at 868. We view the evidence and the inferences that may reasonably be drawn therefrom in the light most favorable to the nonmoving party. Id. A party opposing summary judgment is not permitted to merely rest on his pleadings but must instead set forth sufficient evidence from which a reasonable jury could find in his favor on all elements of his claims. See Thompson v. Hubbard, 257 F.3d 896, 898-99 (8th Cir.2001); Bailey v. United States Postal Service, 208 F.3d 652, 654 (8th Cir.2000).

The Eighth Amendment protects inmates from unnecessary and wanton infliction of pain by correctional officers. Treats v. Morgan, 308 F.3d 868, 872 (8th Cir.2002). Officers are permitted to use force reasonably in a good-faith effort to maintain or restore discipline, as long as they do not use force maliciously and sadistically to cause harm. Id. In deciding whether a particular use of force was reasonable, we consider whether there was an objective need for force, the relationship between the need and the amount of force used, the threat reasonably perceived by correctional officers, the efforts by the officers to temper the severity of the forceful response, and the extent of the inmate’s injuries. Id. For example, we have held that employment of a stun gun to subdue a prisoner who had verbally threatened and then lunged at a prison official did not constitute the use of excessive force. Jasper v. Thalacker, 999 F.2d 353 (8th Cir. 1993).

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Related

Johnson v. Hamilton
452 F.3d 967 (Eighth Circuit, 2006)

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