Garza v. United States

• Citation: 413 F. Supp. 23
• Decision Date: 12 December 1975
• Docket Number: Civ. No. 74-276-D.
• Parties: Maria Edolina GARZA, Individually and as mother and next friend of Gilberto Garza, III, a minor, Plaintiff. v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Western District of Oklahoma

413 F. Supp. 23

Maria Edolina GARZA, Individually and as mother and next friend of Gilberto Garza, III, a minor, Plaintiff. v. UNITED STATES of America, Defendant.

Civ. No. 74-276-D.

United States District Court, W. D. Oklahoma, Civil Division.

December 12, 1975.

Robert D. Baron, Oklahoma City, Okl., for plaintiff.

O. B. Johnston, III, Oklahoma City, Okl., Ignazio J. Ruvolo, Trial Atty., U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

Plaintiff proceeds herein against the United States of America under the Federal Tort Claims Act (Act), 28 U.S.C. §§ 2671 et seq. Jurisdiction is based on 28 U.S.C. § 1346(b). Plaintiff is the widow of a Federal prison inmate who was confined in the United States Reformatory at El Reno, Oklahoma, during February, 1973. On February 14, 1973 Plaintiff's decedent was stabbed and killed by an unknown inmate(s). Plaintiff sues the Federal Government claiming that the death of her decedent was caused by negligence on the part of the Government employees working at said Reformatory at the time and place involved. Specifically, Plaintiff asserts as her ground of recovery:

"In that the defendant knew or should have known, that the plaintiff's deceased was in danger of being attacked and killed by another inmate or group of inmates (hereafter, `attacker') and failed to take adequate and reasonable safeguards and precautions to prevent the said attack on plaintiff's deceased."

In Plaintiff's Suggested Findings of Fact and Conclusions of Law Plaintiff would have the Court find:

"A prudent and reasonable prison administration, having the information available to it that was available to the officials of the El Reno Federal Reformatory prior to the fighting which caused the death of the plaintiff's deceased could have stationed additional guards in the area of the South Compound and particularly the area of the exit to the cafeteria, prior to the time plaintiff's deceased was fatally stabbed."

On February 13, 1973 around 5:30 p.m. there was a disturbance in the south compound area in the way of a fight between about a dozen Black and Chicano inmates over a homosexual who had recently arrived at the institution. The inmates identified in this incident were placed in segregation. The homosexual was identified and segregated. The Plaintiff's decedent was not involved in this incident. All inmates were immediately ordered to quarters when this disturbance began and normal activities were cancelled for that evening. An emergency standby squad was formed. This squad included between 12 and 20 correctional officers with appropriate equipment. Officer coverage was doubled that night in the dormitories. The compound area was skaken down. The Lieutenant on duty that night made the rounds of all the housing units talking with officers and inmates to gauge the depth of the problem and the attitude of the inmate population. There was a meeting of the Reformatory officials about the situation. It developed therefrom that breakfast on February 14, 1973 would proceed on a normal basis but would be closely observed and a normal workday would follow unless the situation otherwise dictated. The emergency squad was disbanded for the day as a full complement of correctional officers would be on duty during the day. Breakfast proceeded as usual as did the following workday without incident. It was decided to follow normal procedure for the evening meal and the recreational period thereafter. However, the emergency squad was again activated at 4:00 p.m. and all officers were told to be especially sensitive to the situation and report any signs of trouble.

Between 4:30 and 5:00 p.m. a group of Blacks entered the south compound and attacked a group of Chicanos. About this time Plaintiff's decedent who had been eating supper in the messhall left the messhall to cross the south compound to enter his dormitory when he was attacked by some of the Blacks and killed. There were two officers stationed in the south compound area. A telephone was nearby. They immediately reported the fight, the emergency squad proceeded to the area with reasonable promptness as did other prison officials, the inmates dispersed, Plaintiff's decedent made his way into the dormitory and he died soon thereafter. The identity of his assailant(s) has not been ascertained to this date.

Inmates and their estates have a right of action against the United States for injury or death under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. Under 28 U.S.C. § 2674 the United States shall be liable in the, "same manner and to the same extent as a private individual under like circumstances." However, the Government is not an insurer of the safety of Federal prisoners and the burden is on a plaintiff to establish by a preponderance of the evidence negligence or a failure to exercise ordinary care under the circumstances on the part of agents and employees of the United States before the United States is liable under said Act. United States v. Muniz, 374 U.S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805 (1963); Johnson v. United States Government, 258 F.Supp. 372 (E.D.Va.1966); Williams v. United States, 384 F.Supp. 579 (DC 1974). In this connection in an annotation entitled "Liability of Prison Authorities For Injury to Prisoner Directly Caused by Assault by Other Prisoner", 41 A.L.R.3d 1021, § 4(a) at page 1028, the author says:

"It has been recognized either expressly or impliedly in many of the cases within the scope of this annotation, and denied by none, that in the absence of a statute to the contrary, the duty owed to prisoners is that of reasonable and ordinary care."

At the Pretrial Conference herein a discussion was had on the need for expert testimony regarding the standard of care required of the prison authorities under the facts and circumstances of this case. The parties briefed the proposition and after reading the briefs the court advised the parties by letter (filed herein on August 1, 1975) that it felt that expert testimony was necessary as follows:

"August 1, 1975 Mr. Robert D. Baron Attorney at Law 623-626 Cravens Building Oklahoma City, Oklahoma Mr. O. B. Johnston, III Assistant U. S. Attorney Federal Building Oklahoma City, Oklahoma 73102 Re: USDC WD of Oklahoma Case No 74-276-D Civil Maria Edolina Garza v. United States of America

Gentlemen:

The Court has considered the Briefs submitted by the parties on whether the Plaintiff is required to present expert testimony to establish the standard of care applicable in this case. The standard involved is the duty the Defendant United States owed to Plaintiff's decedent while he was incarcerated in Defendant's prison.

The rule set out in 31 AmJur 2d Expert and Opinion Evidence § 150 appears to apply under the circumstances involved herein as to the management of a prison facility. Said rule is stated to be:

`"In cases in which the situation or condition with regard to the safety or dangerous character of places, machines, or appliances, is one which is beyond the realm of common experience, witnesses not shown to have any special skill or knowledge are incompetent to testify as to such matters."'

In applying said rule to the issues raised in the instant case relating to conditions present in the operation of a prison, the same would appear to be beyond the realm of common experience. The Court is of the present opinion that the parties should present expert testimony as to the standard of care required at the time and place involved herein and the presence or absence of such care.

Very truly yours /s/ Fred Daugherty United States District Judge cc: Clerk of the Court for the Western District of Oklahoma"

Plaintiff did not present any expert testimony as...