Armour v. Davis
| Decision Date | 01 June 2020 |
| Docket Number | CIVIL ACTION NO. 6:18cv535 |
| Parties | ARTIE ARMOUR v. LORIE DAVIS, ET AL. |
| Court | U.S. District Court — Eastern District of Texas |
The Plaintiff Artie Armour, an inmate of the Texas Department of Criminal Justice, Correctional Institutions Division proceeding pro se, filed this civil action complaining of alleged violations of his constitutional rights. The parties have consented to allow the undersigned United States Magistrate Judge to enter final judgment pursuant to 28 U.S.C. 636(c). The named defendants are TDCJ-CID Director Lorie Davis, TDCJ Executive Director Bryan Collier, and Wardens Jerry Catoe, Jeffrey Richardson, and Patrick Cooper of the Coffield Unit.
Armour's amended complaint (docket no. 15) is the operative pleading in the lawsuit. See Clark v. Tarrant County, Texas, 798 F.2d 736, 740 (5th Cir. 1986) ().
In his amended complaint, Armour states that he seeks relief from: being housed in a 45 square foot cell with another prisoner 24 hours a day for weeks at a time; being deprived of five hours of uninterrupted sleep on a nightly basis; overcrowded showers which create a safety and health hazard and cause him to suffer fear of attack and to be subject to sexual advances taking place in the shower; and extreme heat and cold. Armour states that he is 64 years old and has been subjected to these living conditions for over 30 years. He takes medication which makes him more susceptible to "heat stress," which he suffers year after year. He states that "the sleep deprivation, filthy chow hall, no toilets or hot water, over-crowded [sic], and double-celling has become a way of life." Armour states he can remember when there were no lockdowns, but all of these conditions are "precedent and occur continuously."
Armour contends that there is only a pretense of complying with American Correctional Association (ACA) standards because "ACA employees and TDCJ employees are one and the same." He has included the rules governing the defendants in the grievances he has filed, but the defendants' agents have taken steps to prevent the issues from being exhausted.
Armour attaches a memorandum of law, which appears to be a pre-made form. He states that he is filing under the Eighth and Fourteenth Amendments, the Texas Tort Claims Act, common-law negligence, and intentional infliction of emotional distress, and the pendent jurisdiction of the court. He requests certification as a class action and appointment of a special master.
A portion of the form labeled "Parties" starts off by saying "Plaintiff ___, TDCJ # ___, is a citizen of the United States and currently a prisoner in the Texas Department of Criminal Justice, housed at the ___ Unit, located in ___ County, Texas. (Address) __________, City ___, State ___, zip ___. These blanks are filled in with Armour's name and TDCJ number, housed at the Coffield Unit, located in Anderson County, address 2661 FM 2054, city Tenn. Colony, state TX, zip 75884. The body of the form consistently refers to "Plaintiff(s)." The Court will presume that Armour refers to himself when he uses the term "plaintiff(s)."
Armour contends that double-celling inmates in a 45 square foot cell for 24 hours a day for weeks at a time is cruel and unusual punishment, citing Ruiz v. Estelle, 679 F.2d 1115 (5th Cir. 1982). He states that the cell only has about 21 square feet of usable floor space and no ladder up to the top bunk, which is the cause of much friction between cellmates. Prisoners are confined to cells like this for 24 hours a day for weeks at a time during lockdowns.
Likewise, Armour complains that the dayrooms are also overcrowded. He says they are rated to hold 48 inmates, but can have 100 or more prisoners crammed into them at chow time, showers,and during major sports events or movies. He asserts that the dayrooms have no hot running water, no toilet, and only one urinal. Because the doors are not opened for "hours at a time," he states that it is not unusual for a prisoner to defecate and throw it out the window, or for an older prisoner on medication to defecate on himself. Armour states that the noise in the overcrowded dayrooms is deafening and there is often no place to sit except on the floor. He states the prison officials have been asked to reserve cells on One Row or Three Row so as to have a usable toilet, but they will not do so.
Similarly, Armour complains that "many prisoners [sic] think it is all right" to pack over 100 men in a shower containing only 60 shower heads. He contends that incremental exposure to disease and infection is greatly increased by this, as is the potential for violence when naked men are packed together in the shower. He says that confinement under these conditions is "intentional infliction of emotional distress, which amounts to cruel and unusual punishment." He states that the defendants have been given notice and are aware of the overcrowded conditions but have not remedied the situation nor "removed plaintiff(s) from the main building's overcrowded living conditions."
Armour complains that sanitation in the chow hall is "despicable and deplorable." He says that eating utensils are not properly sanitized after each meal and the spoons are often greasy or have food residue on them. Cups are often still dirty, trays are not properly dried and still have water on them. Armour says "Plaintiff(s) has become ill on several occasions after eating in the chow hall."
Furthermore, Armour complains that there are so many flies in the dining area that plaintiff(s) must eat with one hand while fanning flies with the other. The chow hall is also infested with giant cockroaches, which can be seen crawling on the floor and walls. He says that "it is common knowledge (i.e. workers and former workers) that the food storage areas and preparation areas are also infested with cockroaches and mice due to the floor being in disrepair."
Armour states that there are also birds flying around inside the chow hall while he is eating. He states that he has been informed that birds eat the cornbread while standing in it defecating, and then the cornbread is served to the prisoners, but he does not indicate who told this to him.
Next, Armour contends that there are standing puddles of dirty water on the floor while he is eating. Food servers usually do not wear gloves and tables are not wiped and sanitized after each use. The ceiling leaks when it rains, with water dripping on tables, and paint can be seen peeling from the ceilings over the dining hall tables. He says it has been reported that black mold is growing in the chow hall, the education department, and in the pipe chases being the cells on several cell blocks.
Likewise, Armour says that the cells are deteriorating, with paint peeling off the walls, lockers, ceilings, and bunks, leaving exposed rust. The sinks only have cold water and the ventilation system is clogged with dust and lint. He states that "many cells" are infested with cockroaches, ants, or spiders, and birds fly in and out of the cells leaving droppings everywhere, but does not allege that his cell is so infested, nor that he has sustained any harm as a result.
Armour complains that he is denied five hours of uninterrupted sleep, which he says is "intentionally caused by and through the count policy, mail, lay-ins, pill-window, and with the breakfast and shower schedules." He explains that the guards conduct nightly "bed book counts" at 10:30 p.m. on weekdays and at 1:30 a.m. on weekends. He must present his ID card or recite his inmate number to the officer, and if he is asleep, he is awakened every time these counts take place.
Armour also states that there are loudspeakers on each wing and the guards make numerous announcements several times during the night. The speakers are very loud and wake him up each time they are used. Bells ring at count time, one time to get ready, two for the count, and three when the count clears, and this occurs at least three times during the night, at midnight, 1:30 a.m., and 4:30 a.m.. These awaken him each time they are used.
Armour states that responses to grievances on this issue have been answered by saying that breakfast begins at 3:00 a.m., but this is false because
Armour asserts that the prison is understaffed, saying that each housing wing consists of four rows, with a dayroom for One and Two Row and a dayroom for Three and Four Row. Each row houses up to 42 prisoners, for a total of 168 inmates on the wing. Six wings radiate from the rotunda, for a total of 1,004 inmates in a cellblock. There are guards in the rotunda to roll the cell doors, but each wing has only one officer, which is not enough to monitor this many inmates scattered over four rows and two dayrooms. He claims that sometimes one guard is assigned to two different wings at once, and the understaffing is even worse at night. Armour states this situation is "dangerous, unsafe, and contributes to plaintiff(s) anxiety."
Armour states that the exterior wall of the unit buildings is made up of thousands of glass windows. He asserts that these windows pose a three-fold threat of harm. First, many of these...
To continue reading
Request your trial