Mitchell v. Maynard

• Decision Date: 01 April 1996
• Docket Number: No. 94-7108,94-7108
• Citation: 80 F.3d 1433
• Parties: Carl Demetrius MITCHELL, Plaintiff-Appellant, v. Gary D. MAYNARD, Director of Department of Corrections; Tom Lovelace, Inspector General, Department of Corrections; Delores Ramsey; James Saffle, Warden, State Prison, McAlester, Oklahoma; James Sorbles; Ted Willman, Warden, Mack Alford Correctional Center; Michael Crabtree, a/k/a Michale Crabtree; Sam Key, Security Major at Mack Alford Correctional Center; Michael Taylor; Louis Layton, Correctional Officer; J. Mike Pruitt, Unit Manager, Oklahoma State Penitentiary; Billy Key, Law Library Supervisor, Oklahoma State Penitentiary; George Dugan, Correctional Counselor, Oklahoma State Penitentiary; Larry Watson, CO I, Oklahoma State Penitentiary, Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1433

80 F.3d 1433

34 Fed.R.Serv.3d 1018

Carl Demetrius MITCHELL, Plaintiff-Appellant, v. Gary D. MAYNARD, Director of Department of Corrections; Tom

Lovelace, Inspector General, Department of Corrections;

Delores Ramsey; James Saffle, Warden, State Prison,

McAlester, Oklahoma; James Sorbles; Ted Willman, Warden,

Mack Alford Correctional Center; Michael Crabtree, a/k/a

Michale Crabtree; Sam Key, Security Major at Mack Alford

Correctional Center; Michael Taylor; Louis Layton,

Correctional Officer; J. Mike Pruitt, Unit Manager,

Oklahoma State Penitentiary; Billy Key, Law Library

Supervisor, Oklahoma State Penitentiary; George Dugan,

Correctional Counselor, Oklahoma State Penitentiary; Larry

Watson, CO I, Oklahoma State Penitentiary, Defendants-Appellees.

No. 94-7108.

United States Court of Appeals, Tenth Circuit.

April 1, 1996.

On Appeal from the United States District Court for the Eastern District of Oklahoma, Frank H. Seay, Chief Judge (D.C. No. CV-89-465).

Jerry L. Colclazier (Amy Rose Colclazier, with him on the briefs) of Colclazier & Associates, P.C., Seminole, Oklahoma, for Plaintiff-Appellant.

Warren C. Sutter (W.A. Drew Edmondson, Attorney General, with him on the brief), Assistant Attorney General, Oklahoma City, Oklahoma, for Defendants-Appellees.

Before BALDOCK, BRORBY and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

Carl Demetrius Mitchell brought suit against fourteen prison officials and employees for violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. ¹ The district court initially dismissed his complaint as frivolous. Following an appeal, we reversed the district court's ruling and remanded the case for trial. Mitchell v. Maynard, No. 92-7066, 1992 WL 401593 (10th Cir. Dec. 23, 1992). On remand, a jury trial was held on Mr. Mitchell's claims, but prior to jury deliberation, the district court granted the appellees judgment as a matter of law pursuant to Fed.R.Civ.P. 50(a) and dismissed all Mr. Mitchell's claims. Mr. Mitchell appeals this ruling. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse in part, affirm in part and remand for proceedings consistent with this opinion.

Mr. Mitchell raises eight issues on appeal: 1) were his Eighth Amendment rights violated by the conditions of his confinement at Oklahoma State Penitentiary, deliberate indifference to his medical needs, and subjecting him to excessive force; 2) was there "some" evidence to support the conviction of the prison disciplinary offense, such that due process requirements are satisfied; 3) was he denied due process when the appellees failed to follow the time deadlines and conditions of confinement as set forth in the Department of Corrections' policies and regulations; 4) did the trial court err by refusing to remove Mr. Mitchell's shackles and leg irons at trial; 5) should each of the appellees be held liable for their respective participation in violating Mr. Mitchell's rights; 6) did the district court err in preventing testimony at trial on Mr. Mitchell's claims of retaliation for exercise of a protected right; 7) is Mr. Mitchell entitled to judgment as a matter of law that his constitutional rights were violated, such that the only need for a new trial would be on the issue of damages; and 8) based upon the trial judge's rulings, and his performance at trial, if a new trial is ordered by this Court, is Mr. Mitchell entitled to a change of trial judge?

We review de novo the grant or denial of a motion for judgment as a matter of law under Fed.R.Civ.P. 50. Sheets v. Salt Lake County, 45 F.3d 1383, 1387 (10th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 74, 133 L.Ed.2d 34 (1995). It is appropriate for a trial court to enter judgment as a matter of law "[i]f during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue." Fed.R.Civ.P. 50(a)(1). When reviewing a grant or denial of a judgment as a matter of law " 'we must construe the evidence and inferences most favorably to the nonmoving party.' " FDIC v. United Pac. Ins. Co., 20 F.3d 1070, 1079 (10th Cir.1994) (quoting Ralston Dev. Corp. v. United States, 937 F.2d 510, 512 (10th Cir.1991)).

A detailed factual background, drawing all reasonable inferences in favor of Mr. Mitchell, is necessary to truly understand the nature of this case. Mr. Mitchell initially was incarcerated at the Mack Alford Correctional Center in Stringtown, Oklahoma, for larceny of merchandise. Mr. Mitchell spent a great deal of time in the facility's law library where he conducted legal research and assisted other inmates with their legal problems. He claims that as his legal acumen grew so did the animosity of prison officials toward him. Warden James Saffle agreed Mr. Mitchell was a "model, non-troublemaking prisoner."

On May 13, 1988, a riot occurred at the prison. As the riot escalated, the instigators barricaded themselves in the South Building, where Mr. Mitchell was housed. The riot lasted three full days and nights. Several hostages were taken and much of the facility was razed. Mr. Mitchell says he was asleep when the riot began and that he had nothing to do with what took place. In fact, Mr. Mitchell, an African American, after the urging of two guards, attempted to negotiate the release of the hostages by approaching the two White Supremacists who claimed total responsibility for the riot. When the riot ended, the South Building still contained nearly 100 inmates, approximately forty-one of whom, including Mr. Mitchell, were then transported to the Oklahoma State Penitentiary at McAlester.

Once he arrived at McAlester, Mr. Mitchell was separated from the other inmates, stripped of all his clothing and his prescription eyeglasses, and placed in wrist, ankle and belly chains. To transport him to his cell, two guards picked him up by his elbows with nightsticks and forced him to run across the gravel yard. During this run, he fell to the ground, at which point the guards began kicking and stomping him while yelling "get up, nigger, get up." This incident caused him several injuries including cuts and bruises and a swollen hand with two immovable fingers.

His cell, located in the G-unit, had been stripped of its mattress and bedding. Mr. Mitchell was left naked in the empty 5' X 8' concrete cell. Outside nighttime temperatures were in the 50's and the G-unit had no heating. Mr. Saffle had authorized the cells to be stripped, claiming that clothing and bedding were privileges. Mr. Saffle also testified clothing could be wrapped around light bulbs to start fires and used to snare and choke the guards. Mr. Saffle further stated the mattresses could be used to barricade the doors thus allowing the prisoners to "ambush" the guards and the mattress covers could be used to obstruct the plumbing and flood the cells. Mr. Mitchell and the other inmates of the G-unit were forced to take cold showers because there was no water heater. Mr. Saffle claims a lack of funding to accommodate the influx of 435 inmates from the Stringfield facility prevented him from purchasing the $100 water heater. Mr. Mitchell also was not allowed out of his cell for nearly four weeks for exercise or any other purpose. In fact, he was only allowed outside his cell on two occasions during a five-month period. His eyeglasses were not returned to him for two months, during which time he suffered severe headaches due to his visual condition of presbyopia and the poor lighting in his cell. Mr. Mitchell also testified the ventilation within G-unit was inadequate. "You could look up and there was garbage in the ventilation deal. There was dirt and grass growing in it--and the air that did happen to pass through that was musty and it was nasty, and it took your breath at times." Furthermore, he was only provided toilet paper by the guards one square at a time and sometimes they would taunt him or refuse his request. Mr. Saffle said the toilet paper rationing was necessary because the inmates could use it to obstruct the plumbing and flood the cells. Mr. Mitchell also was not allowed to have a pen or pencil with which to write grievances or legal complaints for at least several days. Mr. Saffle said this was because the pencils could be used as "sticking" devices. On June 9, 1988, Mr. Mitchell complained about these conditions by filing a written grievance with Mr. Saffle. Mr. Saffle denied Mr. Mitchell's grievance.

Mr. Mitchell was not formally accused with contributing to the riot until two weeks after his transfer to McAlester. Initially, Mr. Mitchell was shown a copy of an officer report which listed Karl Goodson as the only witness who would testify against him. Mr. Goodson did not mention seeing Mr. Mitchell participate in the riot. Based on this lack of evidence and Investigator Michael Taylor's assurance that the report did not accuse Mr. Mitchell of any wrongdoing, Mr. Mitchell signed the report and waived his right to call witnesses and to have a staff representative at his disciplinary hearing. After Mr. Mitchell signed the report, a new witness, Louis Layton, was added. Mr. Mitchell was provided a copy of the report listing Mr. Layton as a witness eight days before his disciplinary hearing. In a signed report, Mr. Layton stated he had seen Mr. Mitchell throw rocks, although at trial he testified he only saw Mr. Mitchell throw one rock, at firefighters and guards during the riot. The statement did not give a time or place of the alleged sighting. Mr. Layton also testified at trial that at the time of the riot he did not know who Mr. Mitchell was and conceded that the official statement he originally prepared for the disciplinary proceedings identifying the prisoners who participated in the riot did not inculpate Mr. Mitchell. At trial, however, Mr. Layton produced an unofficial copy of this statement that implicated Mr....