Joiner v. Delo

Decision Date04 June 1990
Docket NumberNo. 90-1098,90-1098
Citation905 F.2d 206
PartiesGregory JOINER, Appellant, v. Paul DELO, Michael Bowersox, Investigator Wilson, Capt. Powell, Cathy Stewart, Caseworker Stubblefield, George Lombardi, Larry Rhodes, Randell Thomas, John Doe # 1, John Doe # 2, John Doe # 3, John Doe # 4, and John Doe # 5, Appellees.
CourtU.S. Court of Appeals — Eighth Circuit

Gregory Joiner, pro se.

Robert O'Neal, Todd Hendrickson, St. Louis, Mo., for appellees.

Before ARNOLD, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Gregory Joiner, a Missouri inmate, appeals from the district court's 1 order granting summary judgment to appellee prison officials and employees on Joiner's claim for inadequate medical treatment, and dismissing with prejudice the remaining claims in his 42 U.S.C. Sec. 1983 action as a sanction under Federal Rule of Civil Procedure 11. We affirm.

A liberal reading of Joiner's complaint and supplemental complaint reveals four claims: (1) that he was subjected to cruel and unusual punishment when he was kept handcuffed for three days (from March 14 until March 16, 1989), and not allowed to wash his hands after they became soiled with feces, which caused his right hand to become infected; (2) that he did not receive adequate medical care for the infection; (3) that his rights were violated when he was forced to consent to a search of his body via x-rays and an enema; and (4) that false disciplinary charges were brought against him in retaliation for filing this lawsuit. On August 23, 1989, the district court granted Joiner's motion for a temporary restraining order (which the court treated as a motion for preliminary injunctive relief) and ordered prison officials to provide immediate medical attention to Joiner's right hand. On September 15, 1989, Joiner filed a motion for contempt claiming appellees were making him work "without first providing any medical care whatsoever" contrary to the court's order. The court ordered appellees to promptly submit proof of their compliance with the order or face the imposition of fines under 18 U.S.C. Sec. 401.

In response, appellees filed a motion for summary judgment and sanctions under Rule 11, along with a certified copy of Joiner's medical records and the affidavit of Dr. Cayabyab, the prison physician. On the basis of the records and the affidavit, the district court found that Joiner had received regular and proper treatment for his right hand, including medicated soap and ointment, and had been referred to a dermatology specialist at the Missouri State Penitentiary. Accordingly, the court granted summary judgment to appellees on Joiner's claim for inadequate medical care.

In considering appellees' motion for sanctions, the court found that Joiner had received medical treatment during the period of time he claimed to have received "no treatment whatsoever" in his motion for contempt. In view of Joiner's untruthfulness, which "induced [the] court to threaten [appellees] with sanctions when [they] were already in compliance with the court's order," the court concluded that sanctions, including the dismissal of the remaining claims in the complaint, were appropriate.

Our review of the record shows that the district court properly granted summary judgment on the claim for inadequate medical care. The medical records, which Joiner has not refuted, establish that a continuous course of treatment was provided...

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  • Kemin Foods v. Pigmentos Vegetales Del Centro
    • United States
    • U.S. District Court — Southern District of Iowa
    • August 10, 2005
    ...e.g., Carman, 7 F.3d at 1382; Peerless Indus. Paint Coatings Co. v. Canam Steel Corp., 979 F.2d 685, 687 (8th Cir.1992); Joiner v. Delo, 905 F.2d 206, 208 (8th Cir.1990); American Inmate Paralegal Assoc. v. Cline, 859 F.2d 59, 62 (8th Cir.1988). In addition, Kemin seeks reasonable attorneys......
  • Johnson v. STATE OF NEB., DEPT. OF CORR. SERV., 4:CV92-3263.
    • United States
    • U.S. District Court — District of Nebraska
    • October 19, 1992
    ...U.S. ___, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991); Anderson v. United Parcel Service, 915 F.2d 313, 315 (7th Cir.1990); Joiner v. Delo, 905 F.2d 206, 208 (8th Cir.1990); American Inmate Paralegal Assoc. v. Cline, 859 F.2d 59, 61-62 (8th Cir.) (per curiam), cert. denied, 488 U.S. 996, 109 S.Ct......
  • Tyler v. City of Omaha
    • United States
    • U.S. District Court — District of Nebraska
    • July 29, 1991
    ...U.S. ___, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991); Anderson v. United Parcel Service, 915 F.2d 313, 315 (7th Cir. 1990); Joiner v. Delo, 905 F.2d 206, 208 (8th Cir.1990); American Inmate Paralegal Assoc. v. Cline, 859 F.2d 59, 61-62 (8th Cir.) (per curiam), cert. denied, 488 U.S. 996, 109 S.C......
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    • December 14, 2006
    ... ... a sanction in rare and limited circumstances, such as when a litigant makes untruthful statements or blatant misrepresentations to the Court, Joiner v ... Page 571 ... Delo, 905 F.2d 206, 207-08 (8th. Cir.1990), or fails to comply with an order of the Court. Vakalis v. Shawmut Corp., 925 ... ...
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