Howard v. King, 83-3154

• Decision Date: 16 June 1983
• Docket Number: No. 83-3154,83-3154
• Citation: 707 F.2d 215
• Parties: Clinton C. HOWARD, Jr., and Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. KING, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 215

707 F.2d 215

Clinton C. HOWARD, Jr., and Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. KING, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary Defendants-Appellees.

No. 83-3154.

United States Court of Appeals Fifth Circuit.

June 16, 1983.

Clinton C. Howard, pro se.

Michael Chapman, pro se.

Kenneth Robinson, pro se.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for defendants-appellees.

Appeal from the United States District Court for the Middle District of Louisiana.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

PER CURIAM:

Clinton Howard, Michael Chapman, and Kenneth Robinson, inmates of the Louisiana Department of Corrections at Angola, Louisiana, filed a civil rights suit in federal district court alleging violations of their eighth amendment right to be free of cruel and unusual punishment. The complaint alleged, in pertinent part:

For sometime now the two defendants herein, Warden Ross Maggio, and the Director of the Department of Corrections John King, has been operating a malfeasance CRUEL AND UNUSUAL PUNISHMENT situation, i.e., "EXTRA DUTY" ... upon violation of a prison rule the defendants has Ordered their successors in active concert to punish discipline inmates by placing them in the Extra Duty lines on Saturday's and Sundays. Whereby, a inmate works in the feilds for a total of FIFTY*SIX HOURS, Seven Days a week, with no rest, at hard Labor. Which the plaintiff's here in duly contends that to work them and other inmates in the field seven days a week, a fifthy six-hours is to place them in CRUEL AND UNUSUAL PUNISHMENT.

The complaint alleged that the "Extra Duty" has endured "for months and months at a time." In addition to their allegation of eighth amendment violation, the complainants asserted that the prison policy constituted "Neoslavery," and averred further unspecified violations of their "Constitutional Rights." The complaint prayed for damages and equitable relief.

The matter was referred to a magistrate. While under consideration by the magistrate, the complainants moved for a preliminary injunction. The memorandum in support of that motion embellished the complaint as follows:

** UNCONTESTED FACTS **

The two plaintiff's herein, MICHAEL A. CHAPMAN, AND KENNETH ROBINSON, has been confined to the grounds of the Louisiana State Penitentiary, whereupon, they have for one entire year worked approximately 56 (Fifth-six) Hours a week for a full entire year. This work has been in the HARD LABOR feilds. This Cruel Punishment has been for rule violations in the prison. Each Plaintiff has been fully exhausted to the extreme. That the practice of the extra duty line is non-stop.

That each plaintiff is being worked each and everyday without the proper rest. That as of now their body is fully in total pain, that is Physical as well as mental.

* * *

* * *

Your plaintiff's are suffering from the deprivation of PROPER REST in which the defendants herein will not give. The plaintiff's feel that they and as well as other inmates whom suffer the same should be duly deprived of some type of privileges instede of rest. Plaintiff's also contends that the extra duty lines are pure torture and inhuman treetment and that it would shock the consience of a free society to learn that a human is being worked each and everyday for a year and over for 56 hours a week.

An affidavit sworn-out by the three inmates offered poignant summary of their plight:

... extra duty work has duly tore down their bodys and that it is continuing to tear their bodys down and that they are being over worked on this extra duty matter. That they are always tired and that their bodys are allways hurting. That they are never given proper rest to go through the rest of the week. That they are presently suffering from HYPEREXHAUSTION and that should this court refuse to grant a INJUNCTION that they would only help the defendants herein to commit slow murder, which in the Constitution is CRUEL AND UNUSUAL PUNISHMENT under the EIGHT (8) AMENDMENT 42 USC 1933. That your plaintiff's herein, does pray as in their prayer that this Honorable Court grant them RELIEF--INJUNCTIVE RELIEF.

The defendants filed a motion to dismiss for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). The motion asserts that the inmates received a "due process hearing." This appears to refer to a hearing prior to the imposition of extra duty for rules violations. The inmates' complaint recites "The Grievance Committee is not functional or Recognized in this prison," and this appears to refer to the absence of an administrative procedure by which their present complaint can be considered.

The magistrate recommended dismissal of the action on the authority of Fed.R.Civ.P. 12(b)(6). The district court adopted the magistrate's recommendation and dismissed the suit. The inmates filed a timely notice of appeal, and moved for permission to proceed on appeal in forma pauperis. The district court refused to certify the appeal in forma pauperis, stating that the claims were "frivolous" and noting that "[t]his inmate has filed some 42 pro se actions under 42 U.S.C. Sec. 1983 ...." As there are in fact three inmate claimants, it is difficult to determine to which inmate the court referred. Pursuant to Federal Rule of Appellate Procedure 24(a), the inmates move in this Court for permission to proceed on appeal in forma pauperis.

I. General Eighth Amendment Claims

In Rhodes v. Chapman, 452 U.S. 337, 101 S.Ct. 2392, 2396, 69 L.Ed.2d 59 (1981), the Supreme Court considered the limitation the eighth amendment imposes "upon the conditions in which a state may confine those convicted of crimes." Id. at 344-45, 101 S.Ct. at 2397-98, 69 L.Ed.2d at 67-68. The Court noted that the "serious deprivation of basic human needs ... could be cruel and unusual under the contemporary standard of decency that we recognized in [Estelle v.] Gamble, [429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) ]." 452 U.S. at 346, 101 S.Ct. at 2399, 69 L.Ed.2d at 69. The Rhodes Court noted that the eighth amendment "prohibits punishments which, although not physically barbarous, 'involve the unnecessary and wanton infliction of pain.' " Id., 452 U.S. at 345, 101 S.Ct. at 2398, quoting Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (joint opinion).

Conditions of confinement must not involve the wanton and unnecessary infliction of pain; nor may they be grossly disproportionate to the severity of the crime warranting imprisonment. 452 U.S. at 346 101 S.Ct. at 2398, 69 L.Ed.2d at 68. "But conditions that cannot be said to be cruel and unusual under contemporary standards are not unconstitutional. To the extent that such conditions are restrictive and even harsh, they are part of the penalty that criminal offenders pay for their offenses against society." 452 U.S. at 347, 101 S.Ct. at 2399, 69 L.Ed.2d at 69.

This Court has articulated a "totality of conditions test" for analyzing eighth amendment claims. Jones v. Diamond, 636 F.2d 1364, 1368 (5th Cir.1981) (en banc ), cert. dismissed, 453 U.S. 950, 102 S.Ct. 27, 69 L.Ed.2d 1033 (1981); see Ruiz v. Estelle, 679 F.2d 1115, 1139 (5th Cir.), amended in part and vacated in part, 688 F.2d 266 (5th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 1438, 75 L.Ed.2d ---- (1983). "The individual judge must not apply his own subjective view of what is cruel and unusual. Rather, his judgment 'should be informed by objective factors to the maximum possible extent.' " Sampson v. King, 693 F.2d 566, 569 (5th Cir.1982) (citations omitted).

The conditions of which the petitioners complain were not imposed as punishment for the crimes for which they were originally convicted. These exactions were imposed as penalties for the infraction of prison rules. To be effective such penalties must impose harsher sanctions than the usual conditions of confinement. Prison officials must be allowed some degree of latitude in dealing with those in their custody who are obdurate or contumacious. The federal courts do not sit to reassess the precise quantum of deprivation of privilege, imposition of additional work, or increase in strictures of confinement that will adequately serve to punish the criminal who, already confined, will not obey prison rules or to deter other inmates from themselves following an independent path.

II. Excessive Working Hours as Cruel and Unusual Punishment

Despite the wealth of Fifth Circuit law pertaining to eighth amendment claims, the inmates' contention that they are being overworked either as a general condition of confinement or as a penalty for violating prison rules apparently raises a novel issue in this Circuit. ¹ Extensive research has revealed only one case which recognized a cause of action under circumstances comparable to (yet readily distinguishable from) those alleged in this action. In Woolsey v. Beto, 450 F.2d 321 (5th Cir.1971), this Court held that

[t]he alleged imposition of unreasonable punitive work assignment and solitary confinement with the deliberate and knowing effect of activating appellant's tubercular condition states a cause of action under ... the Eight Amendment....

In Ray v. Mabry, 556 F.2d 881 (8th Cir.1977), an Arkansas prisoner brought suit against prison officials, alleging violations of rights secured by the eighth, first, and thirteenth amendments. The prisoner sought injunctive relief from working "excessive hours [90 to 120 hours per week], from working on Sundays, and from being compelled to perform duties beyond his physical capabilities." Id. at 882. The court noted that prison work requirements which compel inmates to perform physical labor which is beyond their strength, endangers their lives, or causes undue pain constitute cruel and unusual punishment. Id. The Court of Appeals reversed the district court, which had dismissed for failure to state a claim. Id. at 883.

III. ...