Calhoun v. Hargrove

Decision Date15 November 2002
Docket NumberNo. 01-11032.,01-11032.
PartiesEdward James CALHOUN, Plaintiff-Appellant, v. Clyde HARGROVE; Mark Atkins, Defendants-Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

Edward James Calhoun, Jr., Iowa Park, TX, pro se.

Celamaine Cunniff, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

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

Before HIGGINBOTHAM, DUHÈ and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Appellant, Edward James Calhoun, a Texas state prison inmate, filed suit pro se under 42 U.S.C. § 1983 against two prison officials for violations of his Eighth and Fourteenth Amendment rights. After Calhoun failed to respond to the Appellees' Motion for Summary Judgment, the magistrate judge construed the motion as one for dismissal pursuant to Fed.R.Civ.P. 12(b)(6), and dismissed Calhoun's claims for failure to state a claim. Calhoun now appeals.

BACKGROUND

On October 28, 1999, Appellant Edward James Calhoun, Jr., Texas state prisoner, filed a § 1983 complaint against Captain Clyde Hargrove (Captain of Security), for abuse, mistreatment, denial of due process, and cruelty, and Lieutenant Mark Atkins (Lieutenant of Security), for abuse, mistreatment, and failure to report or stop the former's abuse. Calhoun alleged that he was assigned to work in the prison's administration building as a support services inmate porter. His duties included mopping, sweeping, and waxing floors, emptying trash, cleaning windows, dusting offices, cleaning restrooms, moving furniture, and other janitorial duties. He alleged that he suffered from hypertension, asthma, epileptic seizures, and glaucoma and that he had injured his left knee in a fall and had suffered a head injury. Because of his medical restrictions, he claims he was limited to a four-hour work schedule. His restrictions included limitations on walking, standing, and lifting. He alleged that the Appellees were aware or should have been aware of these restrictions. Calhoun alleged that while he was working under Captain Hargrove, Hargrove called him names like "crack smoker," "thief," and "whore."

Calhoun alleged that on numerous occasions, Hargrove called him and his co-worker, inmate Ronald Paul Williams, into his office and ordered them to pick up sunflower seeds and the shells that he had spit on the floor. Then, before they could leave the room, Hargrove would spit another handful of seeds on the floor and would order them to pick them up. Calhoun alleged that despite his reminding Hargrove of his work restrictions, Hargrove routinely made him work 10, 12, and 14-hour days. Calhoun alleged that if Hargrove was not around, Lieutenant Atkins would allow him to return to his cell after he completed his tasks. However, if Hargrove was there, Atkins would send him to Hargrove, who would make him work more. Calhoun alleged that Atkins knew that Hargrove was working him beyond his physical abilities and medical restrictions but failed to intervene or report the violations.

Calhoun alleged that one day after he and Williams had worked for 10 hours, Hargrove allowed them to have lunch only after they got on their knees and begged for it. Calhoun complained that Atkins did not report this incident. He alleged that he spent 12 hours stripping and waxing the floors in June 1999, because Hargrove refused to call out the inmate who usually helped with the floors. Calhoun asserted that after he reported the abuses, someone informed Hargrove that he had done so. Consequently, when he returned to work, Hargrove called him into his office and threatened to make his life miserable. Calhoun alleged that on June 24, 1999, Hargrove then went into his porter's supply closet and pulled all the towels and cleaning rags from the shelves and threw them on the floor. Calhoun refolded the towels and rags, and Hargrove again threw them onto the floor. Calhoun refolded them again and Hargrove again threw them onto the floor. When Calhoun asked if he could leave because he had been working for eight hours, Hargrove said no. Around midnight, Hargrove called Calhoun into his office and ordered him to pick up sunflower seeds he had spit on the floor. After Calhoun finished picking them up, Hargrove spit more seeds on the floor and ordered Calhoun to pick them up. Hargrove allegedly repeated this conduct twice more that night. After picking the seeds up for the fourth time, Calhoun alleged that he almost passed out because of high blood pressure. Calhoun alleged that his blood pressure was near stroke level, but, that after one hour of supervision at the infirmary, it had stabilized. He alleged that on August 6, 1999, he was relieved of all job duties.

Calhoun then filed the present suit seeking injunctive relief and compensatory and punitive damages. The Appellees filed an answer, and all of the parties consented to proceed before a magistrate judge. The Appellees then filed a motion for summary judgment, but because the motion for summary judgment did not contain any evidentiary support, such as affidavits or prison records, the magistrate judge construed it as a motion to dismiss for failure to state a claim upon which relief could be granted pursuant to Fed.R.Civ.P. 12(b)(6) and granted it. Judgment was entered on August 1, 2001.

On August 8, 2001, Calhoun filed a motion for new trial and a notice of appeal. Relying on Calhoun's assertion in his motion for new trial that he was never served with the motion for summary judgment and on the defendants' failure to file a response, the magistrate judge granted Calhoun's motion and vacated its memorandum opinion and judgment. The Appellees filed a motion for reconsideration and motion to strike pleadings, alleging that they were not served with the motion for new trial. Attached to their motion were documents establishing that Calhoun was served with their motion for summary judgment. On September 21, 2001, the magistrate judge granted the defendants' motion and (1) vacated its order granting Calhoun's motion for new trial, (2) reinstated its memorandum opinion and judgment, and (3) ordered Calhoun to show cause why sanctions should not be imposed for making a false representation to the court. Subsequently, on September 27, 2001, Calhoun filed a response to the defendants' motion for reconsideration and to strike pleadings alleging, inter alia, that he did not receive a copy of their motion for summary judgment. On October 2, 2001, Calhoun filed a response to the court's order reinstating its judgment. On October 30, 2001, the magistrate judge entered an order construing Calhoun's response to its order as a motion for a new trial pursuant to Fed.R.Civ.P. 59 and denied it. Calhoun timely filed his notice of appeal from the district court's order.1

DISCUSSION

This Court reviews de novo a district court's granting a motion to dismiss for failure to state a claim. Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir.1995). In considering a motion to dismiss for failure to state a claim under Rule 12(b)(6), the court must accept all well-pleaded facts as true and view them in the light most favorable to the plaintiff. McCartney v. First City Bank, 970 F.2d 45, 47 (5th Cir.1992). "It is well-established that `pro se complaints are held to less stringent standards than formal pleadings drafted by lawyers.'" Taylor v Books A Million, Inc., 296 F.3d 376, 378 (5th Cir.2002) (quoting Miller v. Stanmore, 636 F.2d 986, 988 (5th Cir.1981)).

A claim for relief under § 1983 must allege the deprivation of a right secured by the Constitution or the laws of the United States by a defendant acting under color of state law. Wong v. Stripling, 881 F.2d 200, 202 (5th Cir.1989). Furthermore, under 42 U.S.C. § 1997e(e), "[n]o federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury."

Calhoun essentially alleges that he was verbally abused, that he was once forced to beg for a meal (which he eventually received), and that he was forced to work beyond the medical limitations set for him causing him to have dangerously elevated blood pressure. Neither the verbal abuse, nor the begging for the meal allege a physical injury to Calhoun and, though troubling, do not overcome § 1997e(e)....

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