Walker v. Horn

286 F.3d 705, 2002 WL 561694
Court of Appeals for the Third Circuit·Decided April 16, 2002·No. Nos. 01-1905, 01-1957·Published·Cited by 26 cases

Opinion

OPINION OF THE COURT

NYGAARD, Circuit Judge.

These are two appeals from denials of summary judgment on the basis of qualified immunity. Appellee, a prisoner, filed an action pursuant to 42 U.S.C. § 1983 asserting that his constitutional rights were violated when he was force fed, allegedly after agreeing to end a fast. Two Defendants claim they are entitled to qualified immunity from suit. The District Court denied their motions for summary judgment, and they have appealed. Because the District Court’s order is based upon the existence of an issue of fact, we lack appellate jurisdiction and will dismiss both appeals.

I.

In interlocutory appeals from denials of summary judgment on the basis of qualified immunity, we must accept the District Court’s set of facts as given. See Johnson v. Jones, 515 U.S. 304, 319, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995). Therefore, we have taken the following facts nearly verbatim from the District Court’s opinion and the Magistrate Judge’s Report and Recommendation:

Appellee, Michael Tyrone Walker, was a prisoner in the Special Management Unit at the Pennsylvania State Correctional Institution at Camp Hill. He was confined in his cell twenty-three hours a day. He exercised in his cell by doing calisthenics at least sixty minutes each day and exercised outside of his cell each weekday for forty to fifty minutes by jogging and doing calisthenics. Walker is a practicing member of the Nation of Islam, a sect of the Islamic religion, which follows the teachings of Elijah Muhammad. During past years while incarcerated, Walker engaged in fasts for various periods of time as part of his sincerely-held religious beliefs. While fasting, he drinks liquids including juice, water, coffee, and iced tea, but eschews solid food. Members of the Nation of Islam fast during Ramadan and at other times during the year in accordance with the teachings of Elijah Muhammad.

On August 22, 1995, Walker began such a fast. During the period from August 26, 1995 to August 30, 1995, Walker was examined by Dr. William W. Young. Dr. Young weighed Walker, took his blood pressure, listened to his breathing, and examined his eyes. Dr. Young did not seek to extract Walkers’s blood for testing, nor did he urge Walker to cease fasting or discontinue exercising. However, on one occasion Walker, upon request, provided the medical department with a urine sample.

Walker has frequently fasted during his incarceration and on numerous occasions has engaged in fasts of three to fifteen days long.. This time, however, the Department of Corrections, SCI-Camp Hill, sought an ex parte injunction from the Court of Common Pleas of Cumberland County, Pennsylvania, which would authorize the medical staff at SCI-Camp Hill to force feed Walker. Walker told Dr. Young that he was on a religious fast. Nonetheless, the complaint alleged that Walker was simply on a “hunger strike.” An affidavit by Appellant Dr. Martin Lasky was attached to the application for injunctive relief.

[708] The only information considered by the Court of Common Pleas was Dr. Lasky’s affidavit of August 30, 1995 in which he stated that, based upon his observation, Walker “appeared somewhat lethargic, slow walking and spoke with a slight slur.” Dr. Lasky stated that these observations “could be the effects of starvation and dehydration” and that unless Walker received nutrition and hydration “as soon as possible,” he would suffer serious harm and “possibly death.” Walker was not given a medical examination by Dr. Lasky, but Dr. Lasky did speak to Walker through his cell door before giving the August 30,1995 affidavit.

On August 31, 1995, the Court of Common Pleas entered an order authorizing the medical department to force feed Walker. The court also entered orders on August 31, 1995 scheduling a hearing for September 5, 1995 and appointing counsel to represent Walker at the hearing. At the September 5,1995 hearing, the preliminary injunction was continued upon agreement of the parties.

On August 31, 1995, Dr. Lasky came to Walker’s cell and told him that the medical department had obtained a court order permitting them to force feed him. Walker informed Dr. Lasky that he was fasting for religious reasons. Dr. Lasky told Walker that he would be forced-fed. Shortly thereafter, Walker was taken from his cell to the infirmary. He was stripped and strapped to a hospital bed with ankle and wrist restraints. A chest strap was used to prevent him from moving on the bed. As Walker was being strapped to the hospital bed, he told Ward, Auxer,1 Dr. Young, and Dr. Lasky, who were all standing near the bed, that he was willing to stop his fast to avoid being force fed. Auxer told Walker that his decision to eat solid food came too late to avoid being force fed. Then, nurses under Dr. Lasky’s supervision inserted a plastic tube through Walker’s nose and into his stomach.

Walker informed medical personnel that he did not eat meat or milk products as both foods caused his stomach to be upset. Notwithstanding that warning, and acknowledging that Walker’s medical records verified that he was a vegetarian, Dr. La-sky told Walker that he would be force fed the foods that were being served to the general prison population. Walker was then force fed liquefied liver and mashed potatoes containing milk.

Sometime after the force feeding of the noon meal, Walker again told medical personnel including Dr. Lasky that he was willing to cease his fast and that certain foods caused his stomach to be upset. Dr. Lasky told Walker that the feeding tube would not be removed from his body and that he would be required to eat the evening meal with the feeding tube in place. When informed that the evening meal would include spaghetti with meat, Walker again told Dr. Lasky that eating meat caused his stomach to be upset. Once again, ignoring Walker’s warning, Dr. La-sky told Walker that he would be required to eat the food being served to the general population. Under the threat of force feeding being resumed if he refused, Walker ate the meal. Understandably, the presence of the feeding tube caused Walker great discomfort each time he swallowed.

During the night, after being required to eat the meal with meat, Walker vomited. He was still restrained by wrist and chest restraints which significantly limited his movement. So, the vomiting caused him to gag and choke. The following morning, Walker asked Dr. Lasky to remove the feeding tube. Dr. Lasky refused and told Walker that the tube would remain in his [709] body until at least the next day after breakfast. Walker was required to eat three meals on September 1, 1995, and breakfast and lunch on September 2,1995, with the feeding tube in his body. Throughout this period, he continued to be strapped to the bed by ankle and wrist restraints. He was released from the restraints only for short periods of time during the day.

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Walker v. Horn, 286 F.3d 705, 2002 WL 561694 (3d Cir. 2002).

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