Evans v. Hennessy

• Decision Date: 20 June 1996
• Docket Number: Civil Action No. 92-640-JJF.
• Citation: 934 F. Supp. 127
• Parties: Augustus H. EVANS, Jr., Plaintiff, v. Lt. Melvin HENNESSY, Defendant.
• Court: U.S. District Court — District of Delaware

934 F. Supp. 127

Augustus H. EVANS, Jr., Plaintiff, v. Lt. Melvin HENNESSY, Defendant.

Civil Action No. 92-640-JJF.

United States District Court, D. Delaware.

June 20, 1996.

Augustus H. Evans, Jr., Georgetown, DE, Pro Se.

Janice R. Tigani, Elizabeth A. Seiter, Deputy Attorney General, Department of Justice, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Plaintiff, Augustus H. Evans, is an inmate incarcerated at the Sussex Correctional Institution ("SCI") in Georgetown, Delaware. (D.I. 2). Defendant, Lieutenant Melvin Hennessy, is a Correctional Officer employed at SCI. Mr. Evans filed this lawsuit pursuant to 42 U.S.C. § 1983, alleging that his civil rights were violated by Lt. Hennessy during an incident involving Mr. Evans and Lt. Hennessy. Specifically, Mr. Evans alleges that while he was being moved from his cell for being verbally abusive and attempting to incite other inmates Lt. Hennessy hit him twice in the face with a clenched fist. (D.I. 9). Mr. Evans contends that Lt. Hennessy's action violated his First Amendment Right of free speech, Eighth Amendment right to be free from cruel and unusual punishment and Fourteenth Amendment right to due process. (D.I. 9).

A bench trial was held on this matter, and this Memorandum Opinion constitutes the Court's Findings of Fact and Conclusions of Law.

I. BACKGROUND

A. THE ADMINISTRATIVE SEGREGATION DETAINMENT AREA

SCI has an Administrative Segregation Detainment Area ("ASDA") that houses prisoners who are on "lockdown." (Trans. at p. 32). The ASDA has three separate holding areas that contain both individual cells and a small common area for the inmates housed in that particular ASDA unit. (Id.). ASDA Units # 1 and # 2 each contain four individual cells that are positioned side-by-side and open onto a common area that is approximately 12 feet wide and 20 feet long. (Trans. at p. 32, 46). ASDA Unit # 3 contains three individual cells, also positioned side-by-side and opening onto a common area. (Id.).

The three ASDA units are positioned side-by-side and each unit has one door that opens from the unit common area onto the ASDA hallway. (Trans. at p. 45). The doors to Units # 1 and # 2 have a small window approximately six inches by four inches and the door to Unit # 3 has a substantially larger window. When a disturbance involving an inmate occurs in the ASDA hallway, the windows to Units # 1 and # 2 are covered in order to prevent other inmates from observing the disruption and becoming unruly. (Trans. at p. 47).¹

The ASDA hallway is approximately 15 feet wide and 60 feet long. A guard post measuring approximately 10 feet wide is located directly across from ASDA Unit # 3. As a result, the portion of the ASDA hallway located between Unit # 3 and the guard post is approximately 5 feet wide. (Trans. at p. 63). At one end of the ASDA hallway are steel doors that lead to the SCI dining area, and at the other end of the hallway are steel doors leading to the institution's medical offices. (Trans. at pp. 63, 84).

B. MR. EVANS' PREVIOUS BEHAVIOR

Mr. Evans testified that he is outspoken and on several occasions has protested when he perceived that he was being treated inappropriately by SCI employees. (Trans. at pp. 33, 119). For example, Mr. Evans testified that he protested and filed grievances when: 1) institutional food servers failed to wear plastic gloves when handling inmates' food; 2) correction officers allegedly referred to inmates as "boy" or other inappropriate and derogatory euphemisms; and 3) a nurse employed at the institution acted rudely towards him. (Trans. at pp. 69, 75).

Correctional Officer Cropper and Corporal Johnson testified that Mr. Evans is a vocal inmate who is often verbally abusive to both prison employees and other inmates. (Trans. at pp. 33, 119). Officer Cropper further testified that on a normal day, Mr. Evans is loud and verbally abusive, and on a bad day his abusiveness escalates. (Trans. at p. 39). Inmate James Cecil also testified that Mr. Evans has "a big mouth" and "is definitely a troublemaker." (Trans. at pp. 14, 18). Additionally, Corporal Johnson testified that Mr. Evans has engaged in physical confrontations with other inmates, although he has never physically assaulted an institutional employee. (Trans. at pp. 75, 119).

C. THE INCIDENT OF SEPTEMBER 26, 1992

On September 26, 1992, Mr. Evans was housed in ASDA Unit # 1, cell # 1, Corporal Curtis Johnson was on duty in the ASDA Guard Post and Correctional Officer Charles Wood was on duty patrolling the ASDA units. (Trans. at p. 44). At approximately 4:00 p.m., Mr. Evans asked Officer Wood to turn off his cell light. (D.I. 9). The light was not turned off. Over the next four or five hours, Mr. Evans asked approximately seven times for his cell light to be turned off. (D.I. 9); (Trans. at p. 75). During this period, Mr. Evans became increasingly loud and verbally abusive and began rousing other inmates by pounding on the cell walls and door. (Trans. at pp. 43, 45, 99-100).

At approximately 9:00 p.m. Officer Woods entered Mr. Evans' cell and a verbal argument ensued. (D.I. 9). Officer Woods testified that Mr. Evans was yelling and using abusive language and that the other inmates were pounding on the outer ASDA Unit # 1 door. (Trans. at pp. 99-100). Corporal Johnson testified that he could hear Mr. Evans yelling and cursing at Officer Woods and was concerned that the disturbance was escalating and other inmates might become involved. (Trans. at p. 43). As a result of this concern, Corporal Johnson testified that he telephoned Lt. Hennessy, who was stationed outside of the ASDA in the Control Center, informed him of the situation and requested permission to move Mr. Evans to a cell in ASDA Unit # 3. (Trans. at pp. 48, 83). Correction Officer Calvin Cropper, who was assigned as a P-4 Officer outside of the ASDA Unit, was also called to the location.² (Trans. at 33, 38).

Corporal Johnson testified that after calling Lt. Hennessy and Officer Cropper, he and Officer Wood instructed Mr. Evans to pack his personal belongings because he was being moved to ASDA Unit # 3. (Trans. at p. 49). Corporal Johnson also testified that while Mr. Evans was packing his belongings he did not make any attempt to physically assault either Corporal Johnson or Officer Wood, although he continued to curse them and to be verbally abusive. (Trans. at p. 48).

Lt. Hennessy arrived after Mr. Evans had finished packing his belongings and was standing in the cell doorway. (Trans. at pp. 49, 60, 67). Mr. Evans was then moved into the ASDA hallway in order to be stripsearched and to have his belongings searched.³ While being moved into the hallway, Mr. Evans did not physically threaten any of the correctional officers, but he continued to be verbally abusive. (Trans. at pp. 48-49).

All witnesses testified that after exiting ASDA Unit # 1 and entering the ASDA hallway, Mr. Evans stood with his back against the hallway wall with his personal belongings in a laundry-style bag laying on the floor to his right. (Trans. at p. 67). Lt. Hennessy testified that he stood approximately three feet in front of Mr. Evans and Corporal Johnson and Officer Cropper were standing on Lt. Hennessy's left, preparing to search Mr. Evans' belongings. Lt. Hennessy further testified that when he attempted to ask Mr. Evans what his problem was Mr. Evans became verbally abusive, increasingly agitated and began waving his hands in the air. (Trans. at p. 61, 86). As a result of Mr. Evans' conduct, Lt. Hennessy testified that he felt threatened and decided to handcuff Mr. Evans. (Trans. at p. 86). Lt. Hennessy testified, and Corporal Johnson and Officer Cropper concurred, that as Lt. Hennessy grabbed Mr. Evans' right arm in an effort to secure Mr. Evans in order to handcuff him, Mr. Evans turned his body and pulled away causing him to fall over the laundry bag. (Trans. at pp. 88, 112-113, 121). As a result, Mr. Evans allegedly injured his back.

For his part, Mr. Evans testified that in response to Lt. Hennessy's questioning he began to give an expletive filled answer concerning Officer Wood and Corporal's Johnson failure to turn off his cell light. (Trans. at p. 68). Mr. Evans stated that while he was answering the question, Lt. Hennessy struck him on the left side of his face two times. (Id.). Mr. Evans further testified that as a result of Lt. Hennessy's two blows, he tripped over his bag of personal belongings, fell and injured his back. (Id.).

Mr. Evans' testimony is substantially supported by the testimony of inmate James Cecil, who was housed in ASDA Unit # 2 and was standing in the Unit # 2 common area when the incident between Mr. Evans and Lt. Hennessy occurred. Mr. Cecil testified that he was looking out of the Unit # 2 window and saw Lt. Hennessy strike Mr. Evans two times. Mr. Cecil also testified that when the correctional officers noticed that he was watching the altercation they covered the window of the Unit # 2 door.

D. WHEN WERE THE WINDOWS COVERED?

There was contradictory testimony concerning when the window to ASDA Unit # 2 was covered in order to prevent other inmates from observing the disturbance. Lt. Hennessy testified that the windows were covered before he arrived at Mr. Evans' cell. (Trans. at p. 59). The Lieutenant testified that earlier in the day inmates from other areas of the institution had been ushered through the ASDA hallway in order to reach the medical center. (Id.). Lt. Hennessy testified that the windows had been covered in order to prevent the inmates entering the medical center from inciting the inmates housed in the ASDA Units. (Id.).

Lt. Hennessy's testimony was not supported by the testimony of the other correctional officers, none of whom testified that the windows had been covered earlier in the day. Officer Wood testified that he covered the windows after Mr. Evans became abusive, but before he was moved into the hallway. (Trans. at p. 98)....