Miles v. Evans, Civ. A. No. C83-2032.
| Citation | 591 F. Supp. 623 |
| Decision Date | 16 August 1984 |
| Docket Number | Civ. A. No. C83-2032. |
| Parties | Darry Noah MILES v. David C. EVANS, Commissioner, Richard L. Abbott, Warden. |
| Court | U.S. District Court — Northern District of Georgia |
Darry Noah Miles, pro se.
Victoria H. Soto, George M. Weaver, Asst. Attys. Gen., Atlanta, Ga., for defendants.
This case is before the court on its own motion for review, analysis, and proper direction.
This is a § 1983 pro se suit for damages and equitable relief by an inmate of Georgia State Prison at Reidsville, Georgia. When the complaint was originally filed, Plaintiff was an inmate at another state facility in Buford, Georgia. The complaint seeks equitable relief from a wide range of alleged conditions and practices at the Buford facility, and an award of $250,000 in damages.
The court will not undertake review of prison conditions at the state facility in Buford based on the claims of a prisoner incarcerated at Reidsville. Dudley v. Stewart, 724 F.2d 1493 (11th Cir.1984). All claims for equitable relief are hereby DISMISSED.
This leaves for adjudication Plaintiff's claims for damages. Although the complaint is inartfully drawn, it is fairly read as seeking damages for Plaintiff's treatment during a nine-day period in 1983, following an incident wherein food was dropped just outside Plaintiff's isolation cell. Both the complaint and an affidavit filed by Defendants (see affidavit of Richard L. Abbott filed May 25, 1984) state that three inmates, including Plaintiff, were told to clean up the food or their cells would be stripped. Likewise, both the complaint and affidavit are in agreement that the food was not cleaned up and the cell was stripped of furnishings and possessions. However, the parties otherwise do not agree about the facts. For example, Mr. Abbott's affidavit states that although the water in the cell was turned off after the food incident "to avoid flooding," that the sink and commode were made operable periodically during the nine days. Plaintiff's complaint appears to contradict that. Plaintiff's complaint alleges that the fans in the cell were cut off during this period and that the temperature was "95 degrees or more." Warden Abbott's affidavit does not mention whether or not the fans were turned off. According to Plaintiff, the food was knocked onto the floor by a guard who kicked a food tray. Mr. Abbott's affidavit however states that the three inmates threw the food on the floor. It also states that they were "creating a disturbance."
This case has now been pending for eleven months. The time for discovery has expired; no motions are pending. Were this not a prisoner case,1 the court would set the case for trial (or pretrial) and rely upon the parties to appear. If Plaintiff did not appear, the case would be dismissed. Were this not a pro se case, the court would expect the parties to come to court prepared to present their evidence; Plaintiff's failure to have relevant witnesses present would result in dismissal or an adverse result. However, this is both a prisoner case and a pro se case. Plaintiff cannot voluntarily appear in court. Moreover, the Plaintiff—based on a reading of the complaint and other papers filed herein by Plaintiff—is not a "jailhouse lawyer" who might have knowledge of court procedures, including how to procure the attendance at trial of inmate witnesses. Therefore, the court could not, consistent with the legal requirement of liberal treatment for pro se litigants, Bolden v. Odum, 695 F.2d 549 (11th Cir.1983), merely set this case for trial and fault Plaintiff for his failure to appear, or his failure to secure the attendance of inmate witnesses. Inevitably, if this case is to move forward in an orderly fashion, the court must affirmatively manage and direct it.2
By order entered January 24, 1984, the court directed that Plaintiff file certain information to assist it in proper future handling of this case. Among the items of information sought were the name, address, custodial status if applicable, and summary of testimony of each witness he wished to have testify at trial. Mr. Miles filed written responses,3 listing a total of seven witnesses. Two of the witnesses were inmates Roebuck (EF-117772) and Davis (EF-152193). The May 21 response indicated that inmate Roebuck "will testify about everything that is written in the complaint." It indicated that inmate Davis would "testify the same as" inmate Roebuck. It indicated that Plaintiff's maximum release date, at present, is March 1987.
By order entered April 12, 1984, the court directed the Defendants to file a statement in the form of "affidavits from key defense witnesses." It also stated that the Defendants could submit motions for summary judgment in conjunction with the affidavits. In response to the order, the Defendants filed the affidavit of Richard L. Abbott, Warden of the Buford facility. This affidavit stated, among other things, that inmates Roebuck and Davis had been in cells adjoining Plaintiff's cell at the time of the food incident. According to Defendants' version of the facts, all three inmates were involved in the incident.
From the foregoing filings of the parties, the court deduces that inmates Roebuck and Davis would have relevant, first-hand information concerning Plaintiff's claims. Furthermore, a comparison of Warden Abbott's affidavit with the averments of Plaintiff's complaint indicates that the jury may need to make credibility determinations. Thus, the witnesses reasonably necessary to a presentation of Plaintiff's side of the case are Plaintiff, inmate Roebuck, and inmate Davis.4
Having decided that Plaintiff, plus inmates Roebuck and Davis, are reasonably necessary to a presentation of Plaintiff's side of the case is only the beginning of the court's inquiry, however. Since all three of these individuals are prisoners in the custody of the State of Georgia, they cannot come to court unless writs of habeas...
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...over a prisoner for the purpose of providing testimony before a grand jury, Lach, 874 F.2d at 1548, in a civil case, Miles v. Evans, 591 F.Supp. 623, 625-26 (N.D.Ga.1984), or in a criminal case involving other defendants. United States v. Smith, 310 F.2d 121, 122 (4th Cir.1962). The governm......
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