Hubbard v. Taylor

• Decision Date: 20 September 2006
• Docket Number: No. 00-531 SLR.,00-531 SLR.
• Citation: 452 F.Supp.2d 533
• Parties: Gregory HUBBARD, et al., Plaintiffs, v. Stanley TAYLOR, et al., Defendants.
• Court: U.S. District Court — District of Delaware

Page 533

452 F.Supp.2d 533

Gregory HUBBARD, et al., Plaintiffs, v. Stanley TAYLOR, et al., Defendants.

No. 00-531 SLR.

United States District Court, D. Delaware.

September 20, 2006.

Paul E. Crawford, Esquire of Connolly, Bove, Lodge & Hutz, Wilmington, DE, Counsel for Plaintiffs.

Richard W. Hubbard, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, Counsel for Defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On May 30, 2000, plaintiffs, who were housed at the Multi-Purpose Criminal Justice Facility "(Gander Hill"), Med this action pursuant to 42 U.S.C. § 1983. (D.I.38) Plaintiffs, proceeding pro se, were appointed counsel and an amended complaint was filed on November 23, 2002, on behalf of all pretrial detainees. (D.I.115) The amended complaint contains two counts alleging constitutional violations for conditions of confinement and failure to protect. A third count alleges a violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.

On March 11, 2003, oral argument was held on clispositive motions filed by the parties. The parties agreed that the motion and cross-motion for summary judgment stood or failed on the issue of whether sleeping on a mattress on the, floor was a per se violation of plaintiffs' constitutional rights. (D.I. 188 at 39-41) On March 20, 2003, the court granted defendants' motion to dismiss defendant Delaware Department of Correction ("DOC") and defendants' motion for summary judgment. (D.I.166) At the same time, the court denied as moot plaintiffs' motion for class certification and denied their motion for summary judgment. Id. The U.S. Court of Appeals for the Third Circuit vacated the grant of summary judgment and remanded the conditions of confinement claim, the ADA claim, and the denial of the class certification motion. Hubbard v. Taylor, 399 F.3d 150, 168 (3d Cir.2005).

Now before the court are defendants' renewed motion for summary judgment on the issue of qualified immunity and defendants' renewed motion for summary judgment against plaintiff Kevin Ketchum. (D.I.189, 190) For the reasons set forth below, the court will grant both motions for summary judgment.

II. BACKGROUND

A. Facts Related to Pretrial Detainees

Defendants rely upon their statement of facts as `set forth in their original motion for summary judgment filed on August 30, 2002. (D.I.150) Similarly, plaintiffs adopt and incorporate by reference their counterstatement of facts as set forth in their reply in opposition to defendants' motion for summary judgment filed September 17, 2002. (D.I.157) Plaintiffs also provide additional facts. (D.I.194)

Plaintiffs, pretrial detainees during the relevant time period, allege a conditions of confinement claim in violation of the Fourteenth Amendment. More particularly, they challenge, the practice at Gander Hill of triple-ceiling pretrial detainees. This practice requires that one pretrial detainee sleep on the floor on a mattress in close proximity to the toilet, while the remaining two cellmates sleep on bunk beds.

Defendant Stanley Taylor ("Taylor") has been the Commissioner of the DOC since the fall of 1995, Raphael Williams ("Williams") is the warden at Gander Hill, and M. Jane Brady is the former Attorney General of Delaware. Hubbard, 399 F.3d at 153. Gander Hill was constructed in 1982 and enlarged when a new wing was added in 1992. Id. In 1995, a prison master plan was developed in response to ongoing prison condition litigation. Id. at 155. A prison construction project was undertaken, pursuant to the plan, to eliminate overcrowding at Gander Hill. (D.I. 151 at A68, A69) The actual population, however, was higher than the projected population. (D.I. 151 at A69)

Gander Hill receives approximately 18,000 admissions per year. (D.I. 151 at A60) Commissioner Taylor keeps the Delaware Legislature informed during the annual budget hearing of the actual prison population, the capacity, and the net growth at Gander Hill. (D.I. 151 at A56) He also has advised the Legislature of the risk of overcrowding. (D.I. 151 at 56)

Pretrial detainees are housed in the west wing of Gander Hill, and sentenced inmates are housed in the east wing. Hubbard, 399 F.3d at 153-54. Some sentenced inmates are also housed in the west wing. (D.I. 190 at B28, B42) According to Commissioner Taylor, the division between the pretrial detainees and the sentenced inmates is a function of security and convenience. (D.I. 151 at A51) Specifically, the west wing is closer to the Justice of the Peace court located at Gander Hill. (D.I. 151 at A51)

The typical west wing modular unit or "pod" contains two housing units connected by a control room from which correctional officers can observe the two units. Hubbard, 399 F.3d at 154. Each unit conthins a large dayroom of approximately 3,900 square feet, containing a sink, tables, chairs and a television. Id. Twenty cells surround the dayroom. Id. With some minor variation, they are all approximately the same size. Id. The cells on the west wing were originally designed to hold one prisoner. (D.I. 151 at A51) The west wing cells were converted from single to double occupancy and then, in approximately 1998 or 1999, the cells were converted to triple occupancy. (D.I. 151 at A52) Triple occupancy was implemented because the institution was "simply out of bed space". (D.I. 151 at A52) The cells in the east wing, where the sentenced inmates are housed, were originally designed for double occupancy. (D.I. 151 at A51-52)

In the west wing, an inmate must sleep on a floor mattress when three are housed in a given cell. Hubbard, 399 F.3d at 154. The newest arrival is required to sleep on a mattress on the floor until one of his cellmates is released or moved. Id. This frees a bunk for the inmate who had been on the floor mattress, and any new arrival in that cell would then take his place on the floor mattress. Id. The west wing cells range in size from 69 to 76 square feet, and the net unencumbered space in the cell (gross footage of 69-76 square feet less space required for a bed, mattress, desk and toilet) is less than 50 square feet or 16 square feet per occupant of each tripled cell. Id.

Inmates are continually transferred out of Gander Hill at the rate of 180 per month. (D.I. 151 at A58) As a result of the prison expansion and the recent opening of a housing unit at the Delaware Correctional Center ("DCC"), enough inmates were transferred from Gander Hill to DCC to empty the gym that had been used for housing. (D.I. 151 at A58)

Over $2.8 million dollars has been spent on capital improvements at Gander Hill during the past five years to maintain or elevate the living conditions for prisoners. (D.I. 151 at 168) Improvements were made to the air conditioning system, fire alarm system, roofing and roof replacement, shower, hot water system, water filtration system, kitchen floor, and duct work. (D.I. 151 at 168)

According to plaintiffs, they were forced to sleep on, the cell floor for a minimum of two months at a time, and most spent three to seven months sleeping on a floor mattress before a cellmate left and a bunk became available. Hubbard, 399 F.3d at 154. They also assert that they have to deal with the extreme discomfort and disease associated with sleeping on a concrete floor, and that a Prison Facilities Audit supports their claim that the foam mattresses provided by the prison officials are thin, worn-out and filthy. Id. The mattresses have since been replaced. (D.I. 190 at B43)

Plaintiffs assert that "triple bunking" and its associated problems could have been avoided had Commissioner Taylor added an additional 2500 beds that had been envisioned as part of the master plan devised in response to litigation that has been ongoing for twenty years. Hubbard, 399 F.3d at 155 (citing Dickerson v. Castle, C.A. No. 10256, Delaware Court of Chancery) (prison officials agreed to stop "double bunking" and return to placing a single inmate in cells at state prisons). Finally, it is plaintiffs' position that triple-ceiling continued even after newly constructed cells at DCC could have alleviated housing three to a cell in the west' wing, but the additional beds were never occupied because prison officials failed to train enough correctional officers to properly respond to an increase in the prison population. Hubbard, 399 F.3d at 155. Commissioner Taylor testified that he discusses the turnover rate for officers during his joint finance committee presentation when the DOC makes it budget request. (D.I. 151 at A55)

Plaintiff Kevin Ketchum ("Ketchum") testified that he was convicted in 1988. (D.I. 195 at B13) He has not been a pretrial detainee at any time subsequent to 1988. (D.I. 189, ex. C at 17). In 2000, for approximately five months, he was housed at Gander Hill in the west wing of the facility. (D.I. 195 at B14) During that time, he was housed in a cell containing three inmates, but he did not sleep on a mattress on the floor. Id. He slept in the bottom bunk. (D.I. 195 at B19)

B. Facts Related to the ADA Claim

Ketchum adopts and incorporates by reference his counterstatement of facts as set forth in his reply in opposition to defendants' motion for summary judgment filed September 17, 2002. (D.I.157) Ketchum was diagnosed in 1994 with kidney disease; as of 1998, he was suffering from end stage renal disease and was diagnosed with hepatitis C in approximately 2000. (D.I. 189, ex. C at 12; D.I. 195 at. B13, B141) Since 1994, he has been on dialysis and, at the time of his deposition, received renal dialysis three times a week. (D.I. 189, ex. C at 11-12, 45, 46)

Ketchum has been treated by nephrologists as well as other physicians. Id. at 33-35. Dr. Scott Bralow ("Dr.Bralow") authored a letter dated August 10, 1998, stating he saw no contraindication for an evaluation for renal transplant, but that Ketchum's limitation was the availability of transplants in the State of...