Harper v. Albert
| Decision Date | 17 March 2005 |
| Docket Number | No. 00-2758.,00-2758. |
| Citation | 400 F.3d 1052 |
| Parties | George HARPER and Robert Padilla, Plaintiffs-Appellants, v. Lieutenant ALBERT, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Alan S. Mills (argued), Uptown People's Law Center, Chicago, IL, for Plaintiffs-Appellants.
Deborah L. Ahlstrand (argued), Mary E. Welsh, Office of the Attorney General, Chicago, IL, for Defendants-Appellees.
Before FLAUM, Chief Judge, and COFFEY and MANION, Circuit Judges.
On September 15, 1997 two prisoners, George Harper and Robert Padilla, confined at the Menard Correctional Facility in Menard, Illinois, filed a complaint in the United States District Court for the Southern District of Illinois pursuant to 42 U.S.C. § 1983, claiming that twelve prison guards and two supervisors, who are members of the "Orange Crush" tactical team, violated their Eighth Amendment right to be free from cruel and unusual punishment when guards allegedly battered the two prisoners during a cell-transfer procedure. A jury trial ensued, and following the presentation of the plaintiff's case-in-chief the defendants moved for judgment as a matter of law, which was granted as to eight of the fourteen named defendants. The jury subsequently found in favor of the remaining six defendants concluding that, during the time frame when the assaults had allegedly taken place, no officer used excessive force. Harper and Padilla now appeal the district court's decision to dismiss the eight defendants, although they concede the validity of the jury's verdict as to the remaining six defendants. We affirm.
On August 4, 1996 the East Cellhouse at the Menard Correctional Facility in Menard, Illinois ("Menard") erupted in violence with inmates throwing cans, burning rags, light bulbs, bodily fluids and other liquids at officers. This out-burst was apparently in retaliation for the "strip out," or complete search, of a cell on the block and continued to grow more serious throughout the day.
Sometime during the disturbance the situation escalated to near-riot proportions and Correctional Officer Goolsby was struck in the back of his head with a can of soup, causing a contusion requiring medical attention. The ranking officers on duty at the time, Captain Stanley and Lieutenant Thomas, received reports from other correctional officers and concluded shortly thereafter that the projectile can was thrown from Harper and Padilla's cell. Stanley and Thomas subsequently approached the inmates' cell and informed Padilla that he and his cell-mate would be removed and transferred to the segregation unit. Padilla immediately protested claiming he had not thrown anything, while the officers informed him that according to eyewitness accounts someone in the cell had thrown the can. Harper overheard the conversation and, in Padilla's defense, admitted to throwing the can that hit Goolsby and agreed that he would accept the transfer to segregation willingly. However, when the officers informed the inmates that they both would be going to segregation, regardless of who admitted throwing the can, Padilla immediately refused and Harper joined him and recanted his prior offer to go along peacefully. Nevertheless, after reconsidering, Harper and Padilla had a change of heart and decided to cooperate with the officers and called Stanley and Thomas to inform them.
Proceeding cautiously, Stanley again approached the cell, and while questioning Padilla about the inmates' new-found intention to cooperate, he observed Harper moving towards him with a bowl of hot water (which Padilla later claimed he was heating to prepare soup). Stanley immediately ordered Harper to set the bowl down, and when he refused to do so Stanley sprayed him in the face with mace. Harper reacted by throwing the scalding water at the officers, hitting Thomas, who retreated down the corridor. Stanley continued to spray Harper for a moment and then left the cell and called for backup assistance.
Stanley called for the prison's tactical unit, better known by their nickname, the "Orange Crush."1 The makeup of the Orange Crush team consists of corrections officers who have undergone specialized training and are called upon by prison officials to assist in controlling unruly or violent inmates. Specifically, the team is also charged with the duty of extracting, or removing, hostile, violent or non-cooperative inmates from their cells and relocating them to other areas of the prison such as the segregation unit, where they can be monitored more closely. Stanley decided to contact the tactical unit to transfer the prisoners to the segregation area in hopes that they would no longer pose a threat to themselves or other correction officers.
The tactical team members were directed to assemble in full riot gear and thereafter briefed. Cpt. Stanley gave the order and they proceeded to the East Cell house where Harper and Padilla were housed. Twelve (12) tactical team members in all2 were assigned to transport Harper and Padilla that night. One member of the team, Officer Smithson, was assigned to videotape the maneuver, while four other members were directed to hold shields and give protection to the other officers by providing them cover from flying debris and fluids. Marching in formation dressed in full uniform, the tactical unit reached the East Cell house where they encountered shouting, whistling, hollering and taunts as well as a barrage of fluid and other objects being thrown at them.3 Lieutenant Albert, the unit's commanding officer, led the unit through the melee to Harper and Padilla's cell. When the unit reached the cell area, Albert approached and ordered the two prisoners to "cuff up," or to back up to the bars of the cell and place their hands behind their backs and through the bars so that officers could handcuff them.
What happened next is in dispute. Padilla and Harper claim they were brutally beaten by officers while being transported to the segregation unit, while the defendants-appellees, all twelve members of the tactical team along with Captain Stanley, claim the force used was necessary to safely convey and transfer the inmates to the designated segregation area.
Padilla claims the abuse began shortly after he was cuffed when — while waiting for the cell door to be opened — one of the officers grabbed his ponytail and proceeded to bang his head against the bars of the cell approximately three times, then stopped and began to punch him. Once the cell door was opened, Padilla was backed out with his hands cuffed behind his back. One of the officers then placed a police baton between his cuffs and his back so that his torso was positioned parallel to the ground in order to assist in controlling him while leading him out of the cell house to the strip-search area. While en route to the area where he was to be searched, Padilla claims various unidentified officers intentionally and repeatedly slammed him into cell bars and gates as well as punching, elbowing and kicking him throughout the maneuver. Before reaching the strip-search room officers allegedly stopped and asked Padilla if he needed medical attention, to which Padilla answered "no."4 Padilla was next taken into the strip-search room where he states that officers, at this point, resumed kicking and punching him while others stepped on his hands and neck. Padilla claims he was bleeding profusely throughout the procedure and lost consciousness on at least two occasions before being stripped naked and led up a set of stairs to the segregation unit. Padilla alleges that, among other things, he was once again slammed into a gate and punched in the ribs before being forced into a cell. After a medical examination that night, it was concluded that Padilla had sustained a swollen jaw along with a laceration to his head, for which he received eight stitches.
Harper's version of events is much the same as Padilla's in that he also alleges the officers went out of their way to abuse and assault him while being escorted to a segregation cell. Once he was backed out of the cell he shared with Padilla, Harper alleged he was also positioned with his hands cuffed behind his back and an officer along side him using a baton for leverage to keep his shoulders and head down parallel to the floor as they walked. Like Padilla, Harper claims that during the journey to the strip-search room he was slammed into various gates along the way and to receiving numerous punches to the head and face. Harper also claims that, at some point during the walk, an unidentified officer stopped and struck him on the back with a baton, driving him to the ground. When the group resumed walking, Harper described being kneed or punched at every step by the officers in front and back of him. Immediately before entering the strip-search area Harper states that he was asked if he would like medical attention, but declined in fear of a more severe beating. Before being strip searched5 Harper claims officers brutally beat him all over his body and went on to verbally humiliate him by commenting on his naked form while laughing and joking. Once reduced to his boxer shorts Harper was led to his segregation cell, but before reaching the cell he alleges that the officers went out of their way to run him head-first into whatever metal objects they came upon. When the officers finally delivered him to the segregation cell Harper claims that he was uncuffed and that one of the larger officers grabbed him by the neck and propelled him into the cell causing him to strike his head on the wall and lose consciousness. While in segregation Harper refused a medical examination and it was not until some two days later that he was examined and was found to have a number of bruises and abrasions on his back.
On September 15, 1997, Harper and Padilla...
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