Inmates, Washington Cty. Jail v. England

• Decision Date: 01 December 1980
• Docket Number: Civ. No. 2-80-113.
• Citation: 516 F. Supp. 132
• Parties: INMATES, WASHINGTON COUNTY JAIL, Plaintiffs, v. Ron ENGLAND, etc., et al., Defendants.
• Court: U.S. District Court — Eastern District of Tennessee

516 F. Supp. 132

INMATES, WASHINGTON COUNTY JAIL, Plaintiffs, v. Ron ENGLAND, etc., et al., Defendants.

Civ. No. 2-80-113.

United States District Court, E. D. Tennessee, Northeastern Division.

December 1, 1980.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

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Charles E. Bobo, pro se.

Ferdinand Powell, Jr., Johnson City, Tenn. and William C. Bovender, Kingsport, Tenn., for defendants.

MEMORANDUM OPINION AND ORDERS

NEESE, District Judge.

No timely written objection to the recommendations of a magistrate herein of November 6, 1980 having been served and filed, the undersigned judge hereby ACCEPTS such recommendations. 28 U.S.C. § 636(b)(1). In accordance with such recommendations, and for the reasons stated by the magistrate in his comprehensive report and recommendation:

(1) the motion of the plaintiffs for an extension of time to respond, move and/or answer, Rule 6(b), Federal Rules of Civil Procedure, hereby is DENIED as MOOT;

(2) the motion of the defendants Messrs. Ron England and R. Thompson for summary judgment, Rule 56(b), Federal Rules of Civil Procedure, hereby is GRANTED, Rule 56(c), Federal Rules of Civil Procedure;

(3) the motions of the plaintiffs for an enlargement of time in which to respond to the motion of the defendants for summary judgment and to amend the complaint, Rule 6(b), supra, and for the appointment of counsel, each, hereby is DENIED, idem.; 28 U.S.C. § 1915(d);

(4) the Court hereby DETERMINES that this action is not to be maintained as a class action, Rule 23(c)(1), Federal Rules of Civil Procedure;

(5) the motion of the defendant county commissioners for a dismissal of this action for the failure of the plaintiffs to state a claim against them upon which relief can be granted, Rule 12(b)(6), Federal Rules of Civil Procedure, hereby is GRANTED; and,

(6) any state law claims asserted herein hereby are DISMISSED, United Mine Workers of America v. Gibbs (1966), 383 U.S. 715, 726, 86 S.Ct. 1130, 1139, 16 L.Ed.2d 218.

REPORT AND RECOMMENDATION

MURRIAN, Magistrate.

This matter was referred to the undersigned United States Magistrate pursuant to 28 U.S.C. § 636(b) and the Rules of this Court for a report and recommendation on the following matters:¹

(1) The motion of the plaintiffs for an extension of time to respond, move and/or answer, Rule 6(b), Federal Rules of Civil Procedure (File No. 8);

(2) The motion of the defendants Ron England and R. Thompson for summary judgment, Rule 56(b), Federal Rules of Civil Procedure (File No. 9);

(3) The motions of the plaintiffs for an enlargement of time in which to respond to the defendants' motion for summary judgment and to amend the complaint, Rule 6(b), Federal Rules of Civil Procedure (File Nos. 11, 13 and 14) and for the appointment of counsel (File No. 13);

(4) The propriety of allowing this action to proceed as a class action, Rule 23(c)(1), Federal Rules of Civil Procedure; and

(5) The motion of the defendant county commissioners to dismiss for failure to state a claim upon which relief can be granted, Rule 12(b)(6), Federal Rules of Civil Procedure (File No. 16).

This is an action for the alleged violations of constitutional rights, including rights guaranteed by the First, Fifth, Eighth and Fourteenth Amendments to the United States Constitution, brought pursuant to 42 U.S.C. §§ 1983, 1985, 1986 and 1988. Jurisdiction is premised upon 28 U.S.C. §§ 1331 and 1343. The plaintiffs also seek to recover for alleged violations of state law. They seek compensatory and punitive damages, equitable relief and a declaratory judgment.

The plaintiffs are 12 present or former inmates of the Washington County (Tennessee) Jail (Jail). Since this action was filed, 5 have been released and 5 have been transferred to state institutions in Nashville, Tennessee. Only 2 remain in the Jail. The defendants are Ron England, Washington County Sheriff; R. Thompson, Washington County Jail Administrator; and unnamed Washington County Commissioners.

The matters pending will be considered below seriatim.

I. First Motion for Extension of Time to Respond

This motion (File No. 8) was disposed of in the undersigned's order filed October 2, 1980 (File No. 12).

II. Motion for Summary Judgment

In ruling upon a motion for summary judgment, the Court must view the evidence together with all inferences in the light most favorable to the party opposing the motion. Smith v. Hudson, C.A. 6th (1979), 600 F.2d 60, 634, certiorari dismissed 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415. The movant has the burden of showing conclusively that there exists no genuine issue of material fact and that he is entitled to a judgment as a matter of law. Id.

In considering such a motion, the Court should consider the "* * * pleadings, depositions, answers to interrogatories, and admissions * * *" and affidavits properly on file. Id., 600 F.2d at 64 5; Rule 56(c), Federal Rules of Civil Procedure. The plaintiffs have filed several documents in response to the defendants' motion for summary judgment which controvert some of the statements in the affidavit of defendant Thompson. However, none of these documents was sworn to under oath under penalty of perjury and none, therefore, is an affidavit. See Williams v. Pierce County Board of Commissioners, C.A. 9th (1959), 267 F.2d 866, 867 3; Black's Law Dictionary (4th Ed. 1968). Neither can the complaint be considered as an affidavit. Although it is notarized, it is not verified under oath. See Khan v. Garanzini, C.A. 6th (1969), 411 F.2d 210, 212-213 2, 4.

A. § 1983 Claims

Convicted non-federal prisoners have the right under the Eighth Amendment, through the Fourteenth Amendment, to be free from cruel and unusual punishment. Furman v. Georgia (1972), 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346.

The Supreme Court has recently set forth the standard by which the constitutionality of pretrial detention conditions of confinement are to be evaluated. Bell v. Wolfish (1979), 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447. The inquiry is whether such conditions amount to "* * * punishment * * *" or otherwise violate a specific constitutional provision. Id., 441 U.S. at 535-538, 99 S.Ct. at 1872-73. If a particular restriction is "* * * reasonably related to a legitimate governmental objective * * *" such as the need to manage the institution and to maintain order and security, then it does not amount to "* * * punishment. * * *" Id., 441 U.S. at 538-542, 99 S.Ct. at 1874-75. "* * * In the absence of substantial evidence in the record to indicate that the officials have exaggerated their response to such considerations, courts should ordinarily defer to their expert judgment in such matters. * *" Id., 441 U.S. at 540-541, 99 S.Ct. at 1875 n. 23, 1878 (quoting Pell v. Procunier (1974), 417 U.S. 817, 827, 94 S.Ct. 2800, 2806, 41 L.Ed.2d 495, 504).

Even specific constitutional rights are subject to certain restrictions and limitations in the prison or jail context. Id., 441 U.S. at 544, 99 S.Ct. at 1877. The allegedly unconstitutional practice "* * * must be evaluated in the light of the central objective of prison administration, safeguarding institutional security. * * *" Id., 441 U.S. at 546, 99 S.Ct. at 1878. Courts should defer to the expertise of prison officials in the absence of substantial evidence of an "* * * exaggerated * * * response * * *" to such needs. Id.

The uncontroverted facts presented herein are evaluated below, seriatim, in light of these legal standards as well as appropriate case law bearing on the more specific claims asserted.

1. In paragraph 7 of the complaint, 10 of the plaintiffs assert individual claims which are discussed below seriatim:

(a) Plaintiff James W. Tittle, a pretrial detainee, claims that he was denied medical treatment. A prisoner's constitutional rights are violated if prison or jail authorities show a "* * * deliberate indifference to serious medical needs. * *" Estelle v. Gamble, (1976), 429 U.S. 97, 104, 106, 97 S.Ct. 285, 291, 292 8, 12, 50 L.Ed.2d 251, 260 (Eighth Amendment rights of convicted prisoners); Inmates of Allegheny County Jail v. Pierce, C.A.3d (1979), 612 F.2d 754, 762 7, 8 (Fourteenth Amendment due process rights of pretrial detainees).

Although the complaint states that Mr. Tittle is 100% permanently disabled with a back and leg injury, there are no facts showing that this condition was a serious one requiring immediate medical attention. There are uncontroverted facts showing that Mr. Tittle was eventually taken to a doctor and no follow-up treatment was required. There is no genuine issue of material fact and the defendants are entitled to a judgment on this claim as a matter of law. Id.

(b) The claim of plaintiff James W. Feathers, a pretrial detainee, is time-barred by the 1-year Tennessee statute of limitations. T.C.A. § 28-304. See Willett v. Wells, D.C.Tenn. (1977), 469 F.Supp. 748, 753 8, 9 aff'd, C.A. 6th (1979), 595 F.2d 1227.

(c) Plaintiff Fred G. Psioda, a convicted prisoner, claims that he was forced to appear in court in "* * * soiled prison clothing. * * *"

Such requirement does not amount to cruel and unusual punishment under the Eighth Amendment, through the Fourteenth Amendment. Furthermore, Mr. Psioda's constitutional rights of access to the courts and to counsel are not impinged upon by such a requirement. See Mingo v. Patterson, D.C.Colo. (1978), 455 F.Supp. 1358, 1363 19 ("* * * the constitutional rights to counsel and access to the courts do not contemplate the right to have `particular' clothing available to wear at trial. * * *"); cf. Estelle v. Williams, (1976), 425 U.S. 501, 96 S.Ct. 1691, 48 L.Ed.2d 126.

If Mr. Psioda's claim is based upon an alleged denial of due process at a criminal trial, then the claim might possibly be raised in a habeas corpus proceeding, 28 U.S.C. § 2254. See e. g. Kennedy v. Cardwell, C.A. 6th (1973), 487 F.2d 101, certiorari denied 416 U.S. 959, 94 S.Ct. 1976, 40 L.Ed.2d 310.

(d) Pl...