Wright v. Jones, s. 89-1974

Citation907 F.2d 848
Decision Date10 July 1990
Docket NumberNos. 89-1974,89-1975,s. 89-1974
PartiesRichard Evan WRIGHT and Gregory Charles Wright, Appellees, v. Jim JONES; Tony Gammon; Theresa Thornburg; Jerry Hudson; Jim Moore; Larry Barnes; Robin Webb; Mr. Strawbetto; John Pemberton; Roger Tipton; Lt. Nelson; Officer Strain; Lawrence Mills; Lt. Yagel; R.L. Rucker; and L.S. Wegs, Appellants. Richard Evan WRIGHT and Gregory Charles Wright, Appellants, v. Jim JONES; Tony Gammon; Theresa Thornburg, Appellees Jerry Hudson; Jim Moore; Larry Barnes; Robin Webb; Mr. Strawbetto; John Pemberton; Roger Tipton; Lt. Nelson; Officer Strain; Lawrence Mills; Lt. Yagel; R.L. Rucker; and L.S. Wegs.
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

Paul LaRose, Jefferson City, Mo., for appellants.

Robert N. Hamilton, St. Louis, Mo., for appellees.

Before JOHN R. GIBSON, and MAGILL, Circuit Judges, BRIGHT, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Richard and Gregory Wright, brothers and former inmates at the Missouri Training Center for Men in Moberly, Missouri, were assaulted by other inmates on July 18, 1987. Based upon that assault, the Wright brothers brought this action under 42 U.S.C. Sec. 1983 (1982), against persons employed at the Center. Gregory Wright claimed that guards at the Center violated his constitutional rights by failing to prevent the fight or to intervene quickly. Richard Wright claimed that his constitutional right to medical assistance was violated when prison officials failed to convey his requests for medical attention to the prison's medical staff. With the consent of the parties, the case was tried before a magistrate. 1 The magistrate entered a directed verdict against Richard Wright, but a jury awarded Gregory Wright actual and punitive damages from four guards. 2 The guards appeal, arguing that the magistrate should have granted them a directed verdict or a judgment notwithstanding the verdict. They also argue that both the verdict-directing jury instruction and the punitive damages instruction contained incorrect legal standards. Specifically, they argue that the jury should have been instructed that: (1) it could award compensatory damages only if Gregory Wright satisfied the test of Whitley v. Albers, 475 U.S. 312, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986); and (2) it could assess punitive damages only if the guards willfully, wantonly, or maliciously disregarded Gregory Wright's constitutional rights. Richard Wright also appeals, arguing that the magistrate erred by directing a verdict against him. We affirm the magistrate's judgment in all respects.

The record contains evidence that during the afternoon of July 18, 1987, an unusually large number of inmates congregated in the prison housing unit where the Wrights were incarcerated. The groups were noisy, and many fights took place. There was testimony that the crowds were particularly large during the period between 4:00 p.m., when appellants Wegs, Rucker, Mills, and Yagel reported for duty, and 4:45 p.m., when the Wright brothers were involved in a fight. Several witnesses also testified that just before the prisoners were counted at 4:30 p.m., a fight broke out which lasted five minutes and which finally broke up, without the intervention of guards, only when the combatants became exhausted. At approximately 4:45 p.m., Gregory Wright was assaulted and severely beaten for five minutes before guards entered the housing unit to stop the fight. There was also testimony that the guards' behavior during this incident was unusual, because guards at the Center usually took steps to disperse large groups of inmates by coming into the housing unit and patrolling.

At the conclusion of the trial, the jurors were instructed that they should find the defendants liable if they found by a preponderance of the evidence that the defendants knew of conditions making it highly foreseeable that some of the inmates, including Gregory Wright, might be attacked; that the defendants failed to protect Gregory Wright from the attack; that the defendants' conduct constituted cruel and unusual punishment because they recklessly disregarded Gregory Wright's right to be free from attack by other inmates; and that Gregory Wright was injured as a result of the defendants' conduct. The jury found for Gregory Wright and awarded actual damages of $1,000 against the four guards jointly and severally, and punitive damages of $225 against each of the four.

I.

The guards argue that the magistrate should have granted their motions for a directed verdict or a judgment notwithstanding the verdict. These contentions are unpersuasive. We have set forth in some detail above the facts, which we have recited in a light most favorable to Gregory Wright, as we must when we consider the submissibility of his claim. See Morgan v. Arkansas Gazette, 897 F.2d 945, 948-49 (8th Cir.1990) (standard for judgment notwithstanding the verdict); Williams-El v. Johnson, 872 F.2d 224, 228 (8th Cir.) (standard for directed verdicts), cert. denied, --- U.S. ----, 110 S.Ct. 85, 107 L.Ed.2d 51 (1989). It is apparent that there had been considerable unrest in the Wrights' housing unit during the afternoon when the Wrights were injured. The guards argue that they had no notice that a fight was likely to occur that afternoon, because they were not told that fights had taken place before they came on duty at 4:00 p.m., and because no one fought between 4:00 p.m. and 4:45 p.m. This was a question for the jury, since there was abundant evidence, including an investigative report prepared by prison officials, indicating that at least one fight took place between 4:00 p.m. and 4:30 p.m. in a hall that was plainly visible from the rotunda where the guards were stationed. (Tr. I at 21-25; II at 128-31; Guards' App. at 45). There was testimony that Wegs, Rucker, Mills, and Yagel were in the rotunda after 4:00 p.m., even though at least one of them had left the rotunda to eat when the Wright brothers were injured. (Tr. II at 105, 112, 210-12). The evidence indicated that Wegs had a duty to patrol the wing and perform the count, and Mills stated that the guards had a duty to supervise the inmates. There was testimony that the guards had a clear view of the unrest in the wing, and photographs were introduced showing the view from the rotunda into the wing area. With this evidence, Gregory Wright established a submissible failure-to-protect claim under the "reckless disregard" standard set forth by this court in Vosberg v. Solem, 845 F.2d 763, 765-66 (8th Cir.), cert. denied, 488 U.S. 928, 109 S.Ct. 313, 102 L.Ed.2d 332 (1988); Thomas v. Booker, 784 F.2d 299, 303 (8th Cir.) (en banc), cert. denied, 476 U.S. 1117, 106 S.Ct. 1975, 90 L.Ed.2d 659 (1986); and Martin v. White, 742 F.2d 469, 474 (8th Cir.1984).

II.

The guards attack the verdict-directing instruction in two ways. First, they argue that the instruction should have required a finding that the guards engaged in willful, wanton, or malicious conduct. Second, even if liability can be imposed for reckless disregard of an inmate's right to be free from attack, the guards argue that the instruction in this case improperly established a gross negligence standard. We are not convinced by either argument.

Citing Dudley v. Stubbs, --- U.S. ----, 109 S.Ct. 1095, 103 L.Ed.2d 230 (1989) (O'Connor, J., joined by Rehnquist, C.J., and Kennedy, J., dissenting from denial of petition for writ of certiorari); and Whitley, 475 U.S. 312, 106 S.Ct. 1078, the guards argue that they cannot be held liable for recklessly disregarding the safety of inmates. This argument is untenable. We established the reckless disregard standard as an elaboration of the doctrine that guards can be liable for "deliberate indifference" to the welfare of inmates. See Martin, 742 F.2d at 474. In Whitley, an inmate claimed that prison officials had used excessive force to restore order after a guard had been taken hostage during a prison riot. Whitley, 475 U.S. at 314-18, 106 S.Ct. at 1081-83. The Supreme Court held that the prison officials should not be liable for mere deliberate indifference in that case because their use of force resulted from a necessary compromise between their "competing obligations." Id. at 318-22, 106 S.Ct. at 1083-85. The Court held that, in cases such as Whitley, prison officials should be held liable only if they acted "maliciously and sadistically." Id. at 320-21, 106 S.Ct. at 1085.

It is not appropriate to apply the Whitley standard in this case, because the guards have not identified a competing obligation which inhibited their efforts to protect inmates. See Berry v. City of Muskogee, 900 F.2d 1489, 1494-95 (10th Cir.1990) (reaching a similar conclusion). Thus, the guards can be held liable under the deliberate indifference, or reckless disregard, test because liability "can ... be established or disproved without the necessity of balancing competing institutional concerns for the safety of prison staff or other inmates." Whitley, 475 U.S. at 320, 106 S.Ct. at 1084. Moreover, although the guards objected to the verdict-directing instruction at trial, they did not argue that the instruction should contain the Whitley test. See Fed.R.Civ.P. 51. Therefore, we review the instruction only for plain error. Phenix Fed. Sav. & Loan Ass'n v. Shearson...

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