Lunsford v. Bennett

Decision Date16 March 1994
Docket NumberNo. 93-1763,93-1763
Citation17 F.3d 1574
PartiesRonald D. LUNSFORD, Jr., Hazen E. Upham, and David Gary, Plaintiffs-Appellants, v. Timothy BENNETT, Donald Jarrett, Laura Perry, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Seventh Circuit

Richard A. Waples (argued), Indianapolis, IN, John Emry, Franklin, IN, for plaintiffs-appellants.

John D. Ulmer, Michael F. DeBoni (argued), Yoder, Ainlay, Ulmer & Buckingham, Goshen, IN, for defendants-appellees.

Before WOOD, Jr., EASTERBROOK, and RIPPLE, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Ronald D. Lunsford, Hazen E. Upham, and David Gary brought this civil rights action against several Indiana prison and county officials under 42 U.S.C. Sec. 1983 alleging that the defendants (1) violated the plaintiffs' rights under the Eighth and Fourteenth Amendments to the United States Constitution, (2) violated the plaintiffs' Fifth Amendment Due Process rights, and (3) assaulted and battered the plaintiffs in violation of the Indiana Constitution, Article I, Sec. 15. 1 The complaint names Timothy Bennett, Donald Jarrett, Laura Perry, and Richard Truex as defendants in their individual capacities, and Randall Yohn in his capacity as Sheriff of Elkhart County, Indiana.

Plaintiffs appeal from the district court's order granting summary judgment for the defendants. The district court dismissed with prejudice the plaintiffs' federal law claims, and declined to exercise pendant jurisdiction over the plaintiffs' state law claims. For the reasons discussed below, we affirm.

I. BACKGROUND

The events that form the basis of plaintiffs' complaint occurred over a three day period in late December, 1989. Lunsford, Upham, and Gary were convicted prisoners being held in Ward 9, a ward used for disciplinary segregation, of the Elkhart County Security Center. Plaintiffs complain that during this three day period they were deprived of basic hygiene items, subjected to loud noises over the intercom, served poorly-prepared food, and verbally and physically abused by defendants.

Tension in the jail began to build on December 24, 1989, when plaintiffs were denied toilet paper, personal hygiene items, and cleaning supplies. Lunsford and Gary testified that this continued for approximately a twenty-four hour period between the 24th and 25th, while Upham states that he did not receive any hygiene items for a twenty-four hour period between December 25 and 26. Plaintiffs also complain that they were forced to listen to sporadic loud noises over the intercom. 2 The source for these noises was the third floor control room allegedly under the defendants' control. Plaintiffs' repeated requests to use a telephone and to speak with higher ranking prison officials about the problem were denied.

At lunch on December 26, plaintiffs were served as part of their meal cold, poorly-prepared beans. Upset with this course of treatment, the prisoners (including plaintiffs) threw their trays, dishes, and eating utensils to the floor of the catwalk outside of their cells.

When a new shift of guards came on duty at 3:00 in the afternoon, they were advised by Officer Snyder about the lunch incident. Officers Snyder, Truex, Perry, and Bennett then did a "shakedown" search in Ward 9 to determine if any items had been kept by the prisoners. During the search the guards and prisoners were verbally abusive to one another, and some of the prisoners threatened to flood the ward.

Dinner was again unsatisfactory to the prisoners prompting them to throw their plates and utensils to the floor. Later, after being subjected to more loud noises over the intercom, all of these events culminated in an act of protest by the prisoners: they flooded Ward 9. The plaintiffs, along with the other prisoners, placed styrofoam cups in their individual toilets and began flushing. Continuing this action for approximately twenty minutes caused the toilets to overflow and flood the ward with several inches of water. Although the water emanated from the toilets, the water was clean and did not contain any sewage particles.

Laura Perry, the officer in charge, contacted Sergeant Marks, her immediate supervisor, to discuss the situation. Marks instructed Perry to remove the prisoners from their cells, secure them to the "catwalk" immediately adjacent to the cells, and clean up the water. Officer Marks was concerned about property damage being caused by prolonged flooding.

Acting on Perry's instruction, Officers Bennett, Perry, Truex, Jarrett, and other jail officers, removed the prisoners from their cells and shackled them to the bars of the flooded cells rather than placing them in any of several open detention units. Specifically, plaintiffs were shackled by their hands and feet to their cells standing ankle-deep in water while the water was cleaned up. Lunsford testified in his deposition that he was facing the bars with his hands shackled above his head, but his arms were not completely stretched out, and that Gary and Upham were bound in the same position. Upham testified, however, that his arms were stretched out straight above his head.

During the cleanup Lunsford spit at Officer Truex, and Truex returned fire. Lunsford also spit at Officer Perry and other officers. While the officers cleaned up the water, the inmates (including plaintiffs) and officers talked "trash" to one another, and splashed water on one another using their feet. Officer Jarrett allegedly called Gary a black SOB. Lunsford testified that Upham splashed and kicked water on the officers, although Upham denies participating in this exchange. Officers Truex and Bennett responded by picking up a bucket of water and pouring it over Upham. Upham claims that when the water was poured on him he was hit in the head twice by the bucket, once as the water was dumped on his head and once as the bucket was removed. Since being hit in the head with the bucket, Upham claims that he gets daily headaches though he is still able to work.

Approximately two hours after the flooding began both Lunsford and Upham discovered that the shackles were loose enough to allow them to remove their hands. When the officers noticed Lunsford and Upham with their hands free, they tried to reshackle both individuals. Upham did not resist the officers' actions and suffered no injuries. Lunsford, however, refused to be reshackled or cuffed in front, so Officers Bennett, Truex, and Jarrett struggled with Lunsford and forcefully reshackled him to the bars. The officers did not hit or beat Lunsford, but Officer Jarrett is alleged to have used excessive force when resecuring Lunsford. Lunsford continued to struggle after being returned to the handcuffs. An hour later prison officials released the prisoners and returned them to their cells. At this time Lunsford complained about pain in his left arm and shoulder, and bleeding from his right wrist. Prison officials took Lunsford to Goshen General Hospital for treatment. Hospital personnel diagnosed his injuries to be minor abrasions to the wrists and a pull or muscle strain in his shoulder.

Plaintiffs complain that this series of abuses, when viewed in their totality, constitute cruel and unusual punishment in violation of the Eighth Amendment. Plaintiffs also argue that by inflicting punishment without any form of notice or hearing, the defendants violated their Fifth Amendment Due Process rights. We find these arguments to be without merit.

II. ANALYSIS

We review the district court's order granting summary judgment de novo, viewing all facts in favor of the plaintiffs. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). 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 a judgment as a matter of law." Fed.R.Civ.P. 56(c). No material facts exist here so as to preclude us from affirming the district court's decision.

The central claim alleged in plaintiffs' complaint concerns violations of the Eighth Amendment. "Cruel and unusual punishment" of individuals convicted of crimes is prohibited by the Eighth Amendment and applies to the states through the Due Process Clause of the Fourteenth Amendment. Robinson v. California, 370 U.S. 660, 666, 82 S.Ct. 1417, 1420, 8 L.Ed.2d 758 (1962). For plaintiffs to show that the prison officers' conduct over the three day period violated the Eighth Amendment, they must satisfy a test that involves both a subjective and objective component. Wilson v. Seiter, 501 U.S. 294, ---, 111 S.Ct. 2321, 2324, 115 L.Ed.2d 271 (1991). The objective analysis focuses on the nature of the defendants' acts, and whether the conditions they were forced to endure exceeded contemporary bounds of decency of a mature, civilized society. Jackson v. Duckworth, 955 F.2d 21, 22 (7th Cir.1992). This is necessarily a difficult and imprecise contextual inquiry. Hudson v. McMillian, --- U.S. ----, ----, 112 S.Ct. 995, 1000, 117 L.Ed.2d 156 (1992); Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (1981); Trop v. Dulles, 356 U.S. 86, 100-101, 78 S.Ct. 590, 597-98, 2 L.Ed.2d 630 (1958). The subjective component, really an inquiry into intent, requires us to ask whether the prison officials acted wantonly and with a sufficiently culpable state of mind. Wilson, 501 U.S. at ----, 111 S.Ct. at 2326. "Wanton" has a different meaning depending on the category of the alleged constitutional violation. For instance, in a prison disturbance situation, Whitley v. Albers, 475 U.S. 312, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986) held that wantonness consisted of acting " 'maliciously and sadistically for the very purpose of causing harm.' " Whitley, 475 U.S. at 320-21, 106 S.Ct. at 1085 (quoting Johnson v. Glick, 481 F.2d 1028, 1033...

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