786 F.2d 1093 (11th Cir. 1986), 85-3551, Perry v. Thompson

Docket Nº:85-3551
Citation:786 F.2d 1093
Party Name:Donald PERRY, Petitioner-Appellant, v. R.E. THOMPSON, Sgt., et al., Respondents-Appellees.
Case Date:April 15, 1986
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1093

786 F.2d 1093 (11th Cir. 1986)

Donald PERRY, Petitioner-Appellant,

v.

R.E. THOMPSON, Sgt., et al., Respondents-Appellees.

No. 85-3551

United States Court of Appeals, Eleventh Circuit

April 15, 1986

Lynda Quillen, Tallahassee, Fla., for respondents-appellees.

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

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

This is a Sec. 1983 case filed December 29, 1982 by inmate Perry against two prison officers. His sworn complaint alleged detailed facts. He alleged that he was being escorted to a "control room" by one of the officers where he was to be visited by an attorney. He was in waist chains and his hands were cuffed in front of him. The officer asked plaintiff why he had not shaved his face "clean," and the plaintiff allegedly responded that he had a "shaving pass" from a dermatologist prescribing that he should keep and maintain "a low clipped beard." But, plaintiff alleged, the first officer, assisted by another officer, forcibly carried plaintiff into the barber

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shop to be shaved. Plaintiff alleged that the officers struck him in the face, head, shoulder, arms and legs with their hands and that while he was down on the floor in the hallway they kicked him in the sides, ribs, back and head. After the encounter his mouth and arms were bleeding a little. They "beat [him] on down to the control room," presumably after the barber shop incident was over.

Defendants answered April 28, 1983, admitting that one officer asked plaintiff why he was not clean shaven and denying that plaintiff stated he had a shaving pass.

Plaintiff responded with an affidavit, filed May 18, 1983, stating in conclusory fashion that he was physically assaulted as alleged in the complaint and that he had a shaving pass as alleged. Later, in July 1983, plaintiff filed the affidavit of another inmate who stated that he had heard a dialogue between plaintiff and one of the officers about his not shaving his face clean and heard plaintiff explain that he had a shaving pass not to shave his face to the skin. The inmate went on to state that the first officer did not want to hear what plaintiff had to say and that the two officers forced plaintiff into the barber shop where he was forced, by being held down, to shave his face down to the skin. He saw plaintiff's mouth and arm bleeding, and he verified that plaintiff was in a waist chain.

In April 1985 plaintiff moved for summary judgment, restating his claim that he was forcibly required to shave clean and reiterating in detail the alleged facts of being struck and kicked. The motion was sworn.

On May 7, 1985 defendants filed a composite pleading. It moved to deny plaintiff's motion for summary judgment, and, on behalf of defendants, it moved to dismiss the complaint and cross-moved for summary judgment for defendants. Attached were affidavits from the officers which said that the first officer questioned plaintiff concerning his beard and plaintiff said he...

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