836 F.2d 1318 (11th Cir. 1988), 87-7122, Williams v. Cash

Docket Nº:87-7122
Citation:836 F.2d 1318
Party Name:Gene Edward WILLIAMS, Plaintiff-Appellant, v. Nathan R. CASH-C.O.I., Kenneth Averette-C.O.I., J.D. White, Warden, West Jefferson Corr. Facility; Alabama Department of Corrections, Defendants-Appellees.
Case Date:February 04, 1988
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1318

836 F.2d 1318 (11th Cir. 1988)

Gene Edward WILLIAMS, Plaintiff-Appellant,

v.

Nathan R. CASH-C.O.I., Kenneth Averette-C.O.I., J.D. White,

Warden, West Jefferson Corr. Facility; Alabama

Department of Corrections, Defendants-Appellees.

No. 87-7122

United States Court of Appeals, Eleventh Circuit

February 4, 1988

Jack M. Curtis, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Alabama.

Before HILL, FAY and CLARK, Circuit Judges.

PER CURIAM:

Gene Williams appeals the district court's grant of summary judgment in favor of all defendants on his 42 U.S.C. Sec. 1983 claim. We affirm in part, reverse in part, and remand the case for trial as to two of the defendants.

I. BACKGROUND

Williams, a state prisoner, filed suit in federal court seeking damages against prison guards Nathan Cash and Kenneth

Page 1319

Averette, the warden of West Jefferson Correctional Facility, and the Alabama Department of Corrections. He alleged the following facts. On the morning of February 24, 1986, Cash ordered Williams to make his bed and clean his cell. Williams responded that he was being moved from the cell and there was no reason for him to make the bed or clean up. Cash left the cell and told the cubicle officer not to allow Williams to leave. Williams' cell mate asked the cubicle officer to open the cell, and the cubicle officer did so. Williams left the cell, went into the day room, and sat on a bench. Cash then returned with Averette and ordered Williams to return to his cell. Williams refused and Cash and Averette then attempted to force Williams back to his cell. After subduing Williams, Averette purposely broke Williams' arm. Record, Tab 1 at 3-4.

The case was referred to a magistrate, who ordered the defendants to file a special report in lieu of an answer. Record, Tab 3 at 1. The magistrate's order for a special report mentioned that the special report, if submitted under oath or with affidavits, might be considered as a motion for summary judgment, and invited Williams to file any counter-affidavits he wished. Id. at 2.

The defendants submitted a special report and several supporting affidavits. The affidavits recited the following facts. Cash ordered Williams to clean his cell and make his bed. When Williams told Cash that he was going to be moved...

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