Timothy Taylor v. Michigan Department of Corrections

69 F.3d 76, 1995 U.S. App. LEXIS 30767, 1995 WL 625406
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 26, 1995
Docket94-1479
StatusPublished
Cited by447 cases

This text of 69 F.3d 76 (Timothy Taylor 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
Timothy Taylor v. Michigan Department of Corrections, 69 F.3d 76, 1995 U.S. App. LEXIS 30767, 1995 WL 625406 (6th Cir. 1995).

Opinions

MERRITT, C.J., delivered the opinion of the court, in which KEITH, J., joined. WELLFORD, J. (pp. 84-88), delivered a separate dissenting opinion.

MERRITT, Chief Judge.

Plaintiff appeals the grant of summary judgment in this § 1983 action in favor of the remaining defendant, Dale Foltz, the former Warden of the state prison of southern Michigan. The heart of plaintiffs Eighth Amendment claim is that Warden Foltz knew about the risk of sexual assault in the camp program to small, vulnerable-looking prisoners such as plaintiff and neither had a policy to identify and screen out those potential transferees who would not be safe in the camp nor created guidelines for prison staff to follow when screening inmates for transfer. The record shows that the prisoner has introduced sufficient evidence to present a jury question about (1) whether Warden Foltz knew that conditions throughout the Michigan prison system and particularly at Camp Pugsley posed a substantial risk of serious harm to prisoners like plaintiff; (2) whether he knew that there was effectively no procedure in place to protect vulnerable inmates from being transferred to dangerous conditions; and (3) whether in the face of this knowledge he acted with deliberate indifference — that is, disregarded a risk of harm of which he was aware — by failing to adopt reasonable policies to protect inmates like Taylor. The prisoner has, therefore, introduced sufficient evidence to defeat a motion for summary judgment on his Eighth Amendment claim. We reverse the grant of summary judgment and remand the case for further proceedings. Furthermore, we hold that the district court erred by refusing the report of the court appointed expert before ruling on the motion for summary judgment. Upon remand, we instruct the district court to order the preparation of this report.

I. Background

The plaintiff in this case, Timothy Taylor, is a prisoner within the Michigan Department of Corrections. He is five foot tall, 120 [78]*78pounds, is mildly mentally retarded with an IQ of 66, has youthful looking features, and has a seizure disorder. Taylor was imprisoned for larceny. The plaintiffs presentence report contained the following admonition:

It is strongly recommended that prison personnel read the attached evaluation from the Social Security Administration, get a copy of the Forensic Center examination if possible, and very carefully read the medical information provided by the nurse from the Kalamazoo County Jail.
Note: Also, this offender has attempted suicide in the past, by slitting his wrists and drinking bleach, (emphasis in original)

In addition to the presentence report, a psychological evaluation of the plaintiff was conducted by a prison clinician at the Michigan Department of Correction’s Reception and Guidance Center. The report characterized Taylor as “a rather peculiar and quite impoverished individual who could be easily disorganized under stress conditions.” The psychologist believed that Taylor “has problems in the psyehosexual area as well as cognitively and affectively....” The psychologist concluded that Taylor

is a rather unstable individual with serious problems in a number of areas, and there is a high likelihood he will become a serious management problem while institutionalized. Simply, the stress of entering the institution may be enough to result in acting out and causing a deterioration in his already limited defenses and coping skills.

Taylor argues that these reports and evaluations, contained in his prisoner file, indicate that he belonged to a class of prisoners likely to be a target of sexual pressure in prison and that he could easily be in danger if placed in the general prison population.

Beginning in September 1984, Taylor resided in the Trustee Division of Jackson Prison, a minimum security facility that provides inmates with their own individual cells. On June 12, 1985 the plaintiff was transferred to Camp Pugsley by an order that was drafted, approved, and carried out in one day with no advance warning to the plaintiff. The written comments in the transfer order state that plaintiff volunteered for the transfer; however, the code at the top of the order reflects that the reason for transfer was “program needs.” Plaintiff maintains that his transfer was motivated by an acute need for bedspace due to overcrowding and new arrivals, and that the transfer was taken in deliberate disregard of plaintiffs safety.1 Camp Pugs-ley is also a minimum security facility, but the conditions of confinement are markedly different than those at the Trustee Division. The Camp houses prisoners in a dormitory style barracks, with approximately 60 inmates to a room, rather than private cells. At Camp Pugsley, plaintiff was given a bunk in a converted gymnasium. Soon after his transfer, Taylor was raped by another inmate. Plaintiff argues that the Warden’s failure to establish a policy or implement a procedure that would protect vulnerable inmates from transfers to unsafe prisons amounted to deliberate indifference. See Farmer v. Brennan, — U.S. —, —, 114 S.Ct. 1970, 1981, 128 L.Ed.2d 811 (1994) (For an Eighth Amendment claim, “it is enough that the official acted or failed to act despite his knowledge of a substantial risk of serious harm.”).

This is the second time this case has come before us. In Taylor v. Michigan Dept. of Corrections, the panel held that “[although there was no binding Supreme Court or Sixth Circuit precedent in 1985 to the effect that it was unlawful to transfer small, vulnerable-looking prisoners to unstructured prison camps, the unlawfulness of such an action was apparent in light of pre-existing precedent.” 14 F.3d 602, 1993 WL 533470, at *3 (6th Cir. December 22, 1993) (Wellford, J., concurring in part and dissenting in part). The panel, however, declined to address Foltz’s contention that even if the unlawfulness of such a transfer was clearly established in 1985, he still was entitled to qualified immunity. Foltz argued that qualified immunity was appropriate because he had no personal involvement in the decision to transfer Taylor, having properly delegated that [79]*79authority to his subordinates. The panel explained that this contention really went to the merits of plaintiffs Eighth Amendment claim and concerned whether Foltz was deliberately indifferent to plaintiffs constitutional rights. In a footnote, the panel opined that the recent decision in Gibson v. Foltz, 963 F.2d 851, 854 (6th Cir.1992), “may be determinative of plaintiffs Eighth Amendment claim against defendant Foltz.” Taylor, at *4 n.3. Gibson was a case brought by the widow of an inmate. The inmate had been stabbed and killed while in prison. The widow sued Warden Foltz, among other prison officials, claiming that Foltz was deliberately indifferent to inmate safety because he failed to update prison policies intended to protect inmates and staff members and because he failed to follow recommendations in studies showing that a threat of violence existed at the state prison of southern Michigan. The Gibson

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69 F.3d 76, 1995 U.S. App. LEXIS 30767, 1995 WL 625406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-taylor-v-michigan-department-of-corrections-ca6-1995.