Whitley v. Albers

475 U.S. 312, 106 S. Ct. 1078, 89 L. Ed. 2d 251, 1986 U.S. LEXIS 28, 54 U.S.L.W. 4236
CourtSupreme Court of the United States
DecidedMarch 4, 1986
Docket84-1077
StatusPublished
Cited by6,010 cases

This text of 475 U.S. 312 (Whitley v. Albers) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitley v. Albers, 475 U.S. 312, 106 S. Ct. 1078, 89 L. Ed. 2d 251, 1986 U.S. LEXIS 28, 54 U.S.L.W. 4236 (1986).

Opinions

Justice O’Connor

delivered the opinion of the Court.

This case requires us to decide what standard governs a prison inmate’s claim that prison officials subjected him to cruel and unusual punishment by shooting him during the course of their attempt to quell a prison riot.

I — I

At the time he was injured, respondent Gerald Albers was confined in cellblock “A” of the Oregon State Penitentiary. Cellblock “A” consists of two tiers of barred cells housing some 200 inmates. The two tiers are connected by a stairway that offers the only practical way to move from one tier to another.

At about 8:30 on the evening of June 27, 1980, several inmates were found intoxicated at the prison annex. Prison guards attempted to move the intoxicated prisoners, some of whom resisted, to the penitentiary’s isolation and segregation facility. This incident could be seen from the cell windows in cellblock “A,” and some of the onlookers became agitated because they thought that the guards were using unnecessary force. Acting on instructions from their superiors, Officers Kemper and Fitts, who were on duty in cellblock “A,” ordered the prisoners to return to their cells. The order was not obeyed. Several inmates confronted the two officers, who were standing in the open area of the lower tier. One inmate, Richard Klenk, jumped from the second tier and assaulted Officer Kemper. Kemper escaped but Officer [315]*315Fitts was taken hostage. Klenk and other inmates then began breaking furniture and milling about.

Upon being informed of the disturbance, petitioner Hard Whitley, the prison security manager, entered cellblock “A” and spoke with Klenk. Captain Whitley agreed to permit four residents of cellblock “A” to view the inmates who had been taken to segregation earlier. These emissaries reported back that the prisoners in segregation were intoxicated but unharmed. Nonetheless, the disturbance in cell-block “A” continued.

Whitley returned to the cellblock and confirmed that Fitts was not harmed. Shortly thereafter, Fitts was moved from an office on the lower tier to cell 201 on the upper tier, and Klenk demanded that media representatives be brought into the cellblock. In the course of the negotiations, Klenk, who was armed with a homemade knife, informed Whitley that one inmate had already been killed and other deaths would follow. In fact, an inmate had been beaten but not killed by other prisoners.

Captain Whitley left the cellblock to organize an assault squad. When Whitley returned to cellblock “A,” he was taken to see Fitts in cell 201. Several inmates assured Whitley that they would protect Fitts from harm, but Klenk threatened to kill the hostage if an attempt was made to lead an assault. Klenk and at least some other inmates were aware that guards had assembled outside the cellblock and that shotguns had been issued. Meanwhile, respondent had left his cell on the upper tier to see if elderly prisoners housed on the lower tier could be moved out of harm’s way in the event that tear gas was used. Respondent testified that he asked Whitley for the key to the row of cells housing the elderly prisoners, and Whitley indicated that he would return with the key. Whitley denied that he spoke to respondent at any time during the disturbance. Tr. 380.

Whitley next consulted with his superiors, petitioners Cupp, the prison Superintendent, and Kenney, the Assistant [316]*316Superintendent. They agreed that forceful intervention was necessary to protect the life of the hostage and the safety of the inmates who were not rioting, and ruled out tear gas as an unworkable alternative. Cupp ordered Whitley to take a squad armed with shotguns into cellblock “A.”

Whitley gave the final orders to the assault team, which was assembled in the area outside cellblock “A.” Petitioner Kennicott and two other officers armed with shotguns were to follow Whitley, who was unarmed, over the barricade the inmates had constructed at the cellblock entrance. A second group of officers, without firearms, would be behind them. Whitley ordered Kennicott to fire a warning shot as he crossed the barricade. He also ordered Kennicott to shoot low at any prisoners climbing the stairs toward cell 201, since they could pose a threat to the safety of the hostage or to Whitley himself, who would be climbing the stairs in an attempt to free the hostage in cell 201.

At about 10:30 p.m., Whitley reappeared just outside the barricade. By this time, about a half hour had elapsed since the earlier breaking of furniture, and the noise level in the cellblock had noticeably diminished. Respondent, who was standing at the bottom of the stairway, asked about the key. Whitley replied “No,” clambered over the barricade, yelled “shoot the bastards,” and ran toward the stairs after Klenk, who had been standing in the open areaway along with a number of other inmates. Kennicott fired a warning shot into the wall opposite the cellblock entrance as he followed Whitley over the barricade. He then fired a second shot that struck a post near the stairway. Meanwhile, Whitley chased Klenk up the stairs, and shortly thereafter respondent started up the stairs. Kennicott fired a third shot that struck respondent in the left knee. Another inmate was shot on the stairs and several others on the lower tier were wounded by gunshot. The inmates in cell 201 prevented Klenk from entering, and Whitley subdued Klenk at the cell door, freeing the hostage.

[317]*317As a result of the incident, respondent sustained severe damage to his left leg and mental and emotional distress. He subsequently commenced this action pursuant to 42 U. S. C. § 1983, alleging that petitioners deprived him of his rights under the Eighth and Fourteenth Amendments and raising pendent state law claims for assault and battery and negligence. Many of the facts were stipulated, see Tr. 53-60, but both sides also presented testimony from witnesses to the disturbance and the rescue attempt, as well as from expert witnesses with backgrounds in prison discipline and security. At the conclusion of trial, the District Judge directed a verdict for petitioners. He understood respondent’s claim to be based solely on the Eighth Amendment as made applicable to the States by the Fourteenth Amendment. See Robinson v. California, 370 U. S. 660 (1962). The District Judge held:

“[Defendants’ use of deadly force was justified under the unique circumstances of this case. Possible alternatives were considered and reasonably rejected by prison officers. The use of shotguns and specifically the order to shoot low anyone following the unarmed Whitley up the stairs were necessary to protect Whitley, secure the safe release of the hostage and to restore order and discipline. Even in hindsight, it cannot be said that defendants’ actions were not reasonably necessary.” 546 F. Supp. 726, 735 (Ore. 1982).

In the alternative, he held that petitioners were' immune from damages liability because the constitutional constraints on the use of force in a prison riot were not clearly established. Finally, the District Judge held that respondent was barred from recovery on his pendent state law claims by virtue of an immunity conferred on public officers by the Oregon Tort Claims Act as to claims arising out of riots or mob actions.

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

Related

Alexander v. Taft
Fifth Circuit, 2025
(PC) Brown v. Rodriguez
E.D. California, 2021
(PC) Shikeb Saddozai v. Hosey
E.D. California, 2021
(PC) Sandoval v. Diaz
E.D. California, 2021
(PC) Davis v. Burton
E.D. California, 2021
(PC) Blackwell v. Covello
E.D. California, 2021
(PC) Williams v. Ancheta
E.D. California, 2021
(PC) Negron v. White
E.D. California, 2021
Spates v. Douglas
M.D. Tennessee, 2021
(PC) Brown v. Woodward
E.D. California, 2021
(PC) Fratus v. Dayson
E.D. California, 2021
(PC) Ilsung v. Yeh
E.D. California, 2021
(PC) Stephen v. Tileston
E.D. California, 2021
(PC) Delphin v. Morley
E.D. California, 2021
(PC) Johnson v. Lozano
E.D. California, 2021
(PC) Hall v. Macomber
E.D. California, 2021
(PC) Hearne v. Farhat
E.D. California, 2020

Cite This Page — Counsel Stack

Bluebook (online)
475 U.S. 312, 106 S. Ct. 1078, 89 L. Ed. 2d 251, 1986 U.S. LEXIS 28, 54 U.S.L.W. 4236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitley-v-albers-scotus-1986.