Jackson v. U.S.

• Decision Date: 05 October 1998
• Docket Number: No. 97-2542 D/V.,97-2542 D/V.
• Citation: 24 F.Supp.2d 823
• Parties: Willie JACKSON, Plaintiff, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Western District of Tennessee

24 F.Supp.2d 823 Willie JACKSON, Plaintiff,
v.
UNITED STATES of America, Defendant. No. 97-2542 D/V. United States District Court, W.D. Tennessee, Western Division. October 5, 1998.

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Willie Jackson, Memphis, TN, pro se.

Brian J. Quarles, U.S. Attorney's Office, Memphis, TN, for U.S.A.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT

DONALD, District Judge.

Plaintiff, Willie Jackson, formerly an inmate at the Federal Correctional Institution ("FCI") in Memphis, filed this action under the Federal Tort Claims Act, 28 U.S.C. § 2672, seeking damages for injuries suffered during a fire at FCI Memphis on October 20, 1995. The United States has filed a motion to dismiss or for summary judgment, and plaintiff has filed a motion to amend his complaint to add Eighth Amendment claims under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The Government filed a memorandum supporting its motion, with various affidavits and supporting exhibits.

The undisputed and supporting facts in this case show that during October 1995 inmates at FCI Memphis were keeping abreast of Congressional hearings regarding the United States Sentencing Guidelines and statutes for drug trafficking crack cocaine versus powder cocaine.¹ Anticipating a Congressional decision on October 20, 1995 to maintain existing structure, some inmates at FCI Memphis had planned to protest on the FCI compound, the open area between the various general use buildings and inmate housing units. Although some inmates seemingly intended to stage a nonviolent protest, a number of inmates proceeded to riot. Willie Jackson, the Plaintiff, was incarcerated at FCI Memphis on October 20, 1995 as a parole violator. FCI officials had assigned Jackson to the Memphis housing unit. (Plaintiff compl. ex. § 8, p. 1). The undisputed facts show that the following sequence of events occurred on October 20, 1995:

1) At approximately 11:15 a.m., the prison staff received information that inmates planned a work stoppage. (Defendant ex. 2, attach. A: Incident summary, p. 3).

2) At approximately 12:05 p.m., the inmate population began to set trash can fires in the Memphis housing unit. Id.

3) At approximately 12:05 p.m., staff detected fires in other units as well, and proceeded to use the fire extinguishers available in the units to put out those small fires. Id.

4) At approximately 12:05 p.m., the operations Lieutenant ordered a total inmate recall, and directed the staff to lock down the non-participating inmates in each of the

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housing units after their unit had been cleared of smoke. Id.

5) At approximately 12:10 p.m., staff control of the institution began to rapidly deteriorate. Id.

6) At approximately 12:20 p.m., the kitchen supervisor, Young, told Jackson to return to his housing unit for a lock down. (Plaintiff compl. ex. 8A).

7) At approximately 12:39 p.m., various inmates were openly confronting the staff and totally disregarding their orders. (Defendant ex. 2, attach. A: Incident summary, p. 4).

8) At approximately 12:50 p.m., several inmates designated themselves as group leaders. Id.

9) At approximately 1:20 p.m., inmates were brandishing weapons and took possession of the Memphis unit officer's keys. Id. at p. 5.

10) At approximately 2:30 p.m., the staff observed inmates breaking out the windows in the center office areas of the Memphis housing unit. Id. at p. 6.

11) At approximately 2:40 p.m., all staff were ordered to evacuate the institution. Id.

12) At approximately 2:43 p.m., fires in the Memphis and Delta units were burning out of control. Id.

13) At approximately 2:43 p.m., the staff and inmates began rescuing those trapped in the burning units. Id.

14) While Jackson was confined to his cell, he inhaled carbon monoxide produced from the fires. (Plaintiff compl. p. 3A).

15) Firefighters made their way to Jackson's cell, and facilitated his release. (Plaintiff compl. ex. § 8, p. 2).

16) Emergency Medical Technicians began to prepare Jackson for transportation to an outside hospital, but Dr. Frederick Cole, the Clinical Director at FCI Memphis, instructed the individuals that Jackson was to remain in the Health Services Department at FCI Memphis. Id.

It was not until Saturday, October 21, 1995, at approximately 8:00 a.m., that control was established in the facility by prison officials. FCI officials decided to temporarily transfer many inmates to other correctional institutions because the housing units at FCI Memphis were uninhabitable. On October 23, 1995, they reassigned Jackson to FCI Cumberland, Maryland. On October 23, 1995, Jackson, complaining of chest pains, visited the FCI Cumberland medical clinic. Medical staff there referred him to an outside hospital where doctors examined, and diagnosed his condition. According to the October 26, 1995 entry of the Medical Care Chronological Record, the hospital discovered that Jackson's left lung had collapsed.

Jackson filed an administrative tort claim with the Bureau of Prisons Mid-Atlantic Regional Office ("Mid-Atlantic") which was received on February 29, 1996. Jackson claimed that Bureau of Prison ("BOP") officials knew or should have known that better precautionary measures were needed to prevent his injury. Jackson avers that the staff at FCI Memphis was not properly trained and supervised in accordance with BOP policies and procedures. Mark H. Luttrell, the warden at FCI Memphis, stated that no BOP regulations or policy exists which describes (1) specific preventive measures to be taken prior to the outbreak of an inmate disturbance or riot, (2) whether or when to lock inmates down, or that prohibits locking inmates down in such a situation, (3) specific staff responses to particular events that occur in a disturbance or riot. (Luttrell aff. ¶ 15).

The Bureau of Prisons denied Jackson's administrative claim on August 23, 1996. Jackson initially requested that the denial be reconsidered, but on April 9, 1997, withdrew the claim. Subsequently, the Bureau of Prisons dismissed the claim on April 15, 1997. Jackson, pro se, filed this FTCA action on June 16, 1997. On April 14, 1998, he filed his amended complaint asserting Eighth Amendment claims of cruel and unusual punishment under Bivens.

I. STANDARD OF REVIEW

Defendant filed a motion to dismiss under Rule 12(b)(6) or, alternatively, for summary judgment under Rule 56. As the Court had considered "matters outside the pleadings,"

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the Court treats the motion as one for summary judgment. Fed.R.Civ.P. 12(b). See Rich v. United States, 119 F.3d 447, 449 (6th Cir.1997); (citing Cook v. Providence Hospital, 820 F.2d 176, 178 (6th Cir.1987)).

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The party moving for summary judgment "bears the burden of clearly and convincingly establishing the nonexistence of any genuine issue of material fact, and the evidence as well as all inferences therefrom must be read in a light most favorable to the party opposing the motion." Kochins v. Linden-Alimak, Inc., 799 F.2d 1128, 1133 (6th Cir.1986). The burden on the party moving for summary judgment may be discharged by pointing out that there is an absence of evidence to support the nonmoving party's case. Kauffman v. Allied Signal, Inc., Autolite Div., 970 F.2d 178, 182 (6th Cir.), cert. denied, 506 U.S. 1041, 113 S.Ct. 831, 121 L.Ed.2d 701 (1992) (the moving party need not support its motion with affidavits or other similar materials "negating" the opponent's claim) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). The Court may also consider any material that would be admissible or usable at trial, including exhibits that have been properly made a part of an affidavit. 10A Wright, Miller & Kane, Federal Practice and Procedure § 2721, at 40, § 2722, at 56 (2d ed.1983).

When confronted with a properly supported motion for summary judgment, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue for trial exists if the evidence is such that a reasonable trier of fact could return a verdict for the nonmoving party. Id. The party opposing the motion must "do more than simply show that there is some meta physical doubt as to the material facts." Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In short, the nonmoving party may not oppose a properly supported motion for summary judgment by mere reliance on the pleading. Celotex, 477 U.S. at 324, 106 S.Ct. 2548. "[I]n the `new era' of summary judgments that has evolved from the teachings of the Supreme Court in Anderson, Celotex and Matsushita, trial courts have been afforded considerably more discretion in evaluating the weight of the nonmoving party's evidence." Cox v. Kentucky Dep't of Transp., 53 F.3d 146, 150 (6th Cir.1995). "If the record taken in its entirety could not convince a rational trier of fact to return a verdict in favor of the nonmoving party, the motion must be granted." Id.

Additionally, a pro se complaint is held to a less stringent standard than formal pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).

II. SUBJECT MATTER JURISDICTION

The district courts shall have exclusive jurisdiction of civil actions on claims against the United States for money damages or personal injury caused by the omission, negligence or wrongful act of any employee of the...