Nelson v. Shuffman

• Decision Date: 07 May 2010
• Docket Number: No. 09-2225.,09-2225.
• Citation: 603 F.3d 439
• Parties: Timothy NELSON, Plaintiff-Appellee, v. Dorn SHUFFMAN; Diane McFarland; Karen Adams, Defendants, Alan Blake; Linda Meade, Defendants-Appellants, Margaret Chessey, Defendant, Marissa Richardson; Connie Roberts; Wiley Leon Maxwell; Dannial Danny Swyers, Defendants-Appellants, Ronald Scharader; Mark Miller; John Doe; Jane Doe, Defendants, Martha Bellew-Smith, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

603 F.3d 439

Timothy NELSON, Plaintiff-Appellee, v. Dorn SHUFFMAN; Diane McFarland; Karen Adams, Defendants Alan Blake; Linda Meade, Defendants-Appellants Margaret Chessey, Defendant Marissa Richardson; Connie Roberts; Wiley Leon Maxwell; Dannial Danny Swyers, Defendants-Appellants Ronald Scharader; Mark Miller; John Doe; Jane Doe, Defendants, Martha Bellew-Smith, Defendant-Appellant.

No. 09-2225.

United States Court of Appeals, Eighth Circuit.

Submitted: January 12, 2010.

Filed: May 7, 2010.

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Jason Scott Retter, AAG, argued, St. Louis, MO, for appellant.

Samuel Henderson, argued, Kathi Lynne Chestnut, on the brief, St. Louis, MO, for appellee.

Before MURPHY and BYE, Circuit Judges, and STROM,¹ District Judge.

BYE, Circuit Judge.

Timothy Nelson brought a lawsuit under 42 U.S.C. § 1983 alleging thirteen officials at the Missouri Sexual Offender Treatment Center violated his constitutional rights. The defendants moved for summary judgment based on qualified immunity and the district court² dismissed Nelson's claims against six of the thirteen defendants. The remaining seven defendants appeal the district court's order denying summary judgment. We affirm.

I

Timothy Nelson was convicted of, and served prison terms for, sexual assault and escape. On December 10, 2004, after completing his prison sentences, he was transferred to the Missouri Sexual Offender Treatment Center ("Treatment Center") for evaluation and possible civil commitment under Missouri's sexually violent predator statute. The defendants in the instant case are all employees of the Treatment Center, including: Dr. Martha Bellew-Smith, Ph.D., Clinical Director; Alan Blake, Chief Operating Officer; Wiley Maxwell, Security Aide; Dr. Linda Meade, Ph.D., Clinical Psychologist and Clinical Lead on Hoctor 3 ward; Marissa Richardson, Licensed Clinical Social Worker; Connie Roberts, Registered Nurse; and Danny Swyers, Security Aide.

Upon arrival at the Treatment Center, Nelson was housed as a detainee in the Blair unit, a ward to which newly admitted residents were often assigned. Treatment Center policy requires staff to complete medical, psychiatric, nursing, and social service assessments on all new residents prior to making a ward assignment. Thereafter, residents may only be transferred to different wards based on a treating psychiatrist's clinical recommendation. There is no evidence indicating the required assessments were completed before Nelson was placed in the Blair unit or prior to his transfer to the Hoctor 3 ward. Richardson, a Licensed Clinical Social Worker, reviewed Nelson's End of Confinement report from the Missouri Department of Corrections ("MDOC") which indicated his history of sexual violence. After her review, Richardson initiated a discussion with certain Treatment Center staff to determine the appropriate ward assignment for Nelson.

On December 15, 2004, before the required assessments were completed, Blake, Bellew-Smith, Meade, and Richardson decided to transfer Nelson from Blair to Hoctor 3 ward, which is reserved for residents with severe behavioral problems. Hoctor 3 residents typically have committed repeated rule violations or are a serious risk to themselves, staff, or other residents. The district court found no evidence indicating Nelson met with any of the defendants before he was transferred, committed any rule violations, or that he was a danger to himself, staff or other residents.

At Hoctor 3, Nelson was assigned to share a room with D.D., who had been admitted to the Treatment Center on September 23, 2004. The evidence indicates D.D. was "very violent," "out of control," and "explosive." In 1983, he was charged with the rape of a fourteen-year-old male, and in 1994 he was named in two harassment complaints filed by men who alleged he made phone calls demanding oral sex. While in jail on the harassment charges he restrained a sixteen-year-old cell mate, performed oral sex on him, and threatened to kill him if he reported the assault. While incarcerated for the assault, D.D. accumulated 253 conduct violations. Four of the violations involved possession of dangerous contraband, assault, conspiracy to commit murder, and sexual misconduct. The majority of D.D.'s time in prison was served in administrative isolation because of his frequent misconduct.

When admitted to the Treatment Center, D.D. was assessed as presenting a moderately high risk for violent and aggressive behavior. The reviewing psychologist concluded D.D. did not seriously injure anyone while incarcerated in prison largely because he was kept separate from other prisoners for the majority of his prison term. D.D.'s social work assessment, contained in his resident chart, reported his desire to rape other detainees or staff. While at the Treatment Center, D.D.'s history of conduct violations continued unabated. A staff person was assigned to watch him at night because he would walk around the ward talking about "raping different people." His resident chart is replete with reports of sexual misconduct, harassment, and physically threatening behavior, including bragging about raping a seventeen-year-old in prison, sexual advances towards another resident, an assault on a resident, and threats to physically and sexually assault other residents. D.D.'s first roommate requested to be moved because D.D. asked to perform oral sex on him. When confronted by staff regarding the allegation, D.D. verbally abused the staff and made sexually suggestive comments about oral sex. A second resident also reported D.D. was sending him sexually suggestive notes indicating he wanted sex from the resident. In his first month at the Treatment Center, D.D. incurred fifteen "intolerable violations" and was placed in restraints and protective isolation due to a "pattern of unacceptable behavior to threatening bodily harm" and "assaultive behavior."

On October 12, 2004, D.D. was placed in restraints for the safety of staff and other residents. On October 14-18, 2004, his misconduct included violations for sexual misconduct, assault on staff, and threats of physical violence. On October 18, 2004, he incurred twenty-one misconduct violations, threatening to murder staff and their families and banging on walls, tables and doors. He was placed in restraints and drugged. When released from isolation he continued to threaten staff and was kept in restraints due to fears about his "volatility and possible risk to peers and staff." On October 25, 2004, his progress notes indicate he incurred at least sixteen violations and staff requested help in determining how to handle his behavior.

D.D.'s threatening and sexually inappropriate behavior continued throughout November and December 2004, and he spent much or all of those months in protective isolation, physical restraints or "Total Ward Restriction." On December 8, 2004, D.D.'s former roommate, who had previously filed a complaint regarding D.D.'s sexually threatening behavior, filed a second complaint alleging D.D. was exposing himself. Meade advised the former roommate the complaint was being reviewed by Bellew-Smith and Blake, and the treatment team was aware of D.D.'s ongoing behavioral issues, including frequent sexual advances toward other residents. On December 10, 2004, D.D. was released from protective isolation and on December 15, 2004, Nelson was transferred to Hoctor 3 and assigned to share a room with D.D.

When Nelson was assigned to D.D.'s room, the former roommate who had twice filed complaints against D.D. expressed concern to, among others, defendants Maxwell and Swyers, indicating he feared for Nelson's safety. Maxwell and Swyers acknowledged the concerns and Maxwell stated he was aware D.D. had attempted to rape a sixteen-year-old male in jail. Other staff members testified at deposition they believed Nelson, who was much younger and physically smaller than D.D., fit the profile of D.D.'s sexual assault victims.

In the early morning hours of December 16, 2004, D.D. sexually assaulted Nelson. The events began when D.D. performed oral sex on Nelson. Nelson contends he complied with D.D.'s actions because D.D. claimed to have a weapon and demanded sex in return for Nelson's safety. After performing oral sex on Nelson, D.D. left the room. Within several minutes, D.D. returned to the room and violently assaulted Nelson. D.D. struck Nelson several times in the face, held his face into the pillow, and anally penetrated him with his finger and penis, resulting in anal tearing and bleeding that required medical treatment. Staff reported Nelson was visibly upset after the attack and was observed curled up crying on the floor and defecated and urinated on himself before being removed to the hospital.

Following the rape, Nelson was unable to eat or sleep. A psychological assessment concluded he was traumatized by the assault and was suffering from anxiety. Bellew-Smith concluded Nelson's symptoms were consistent with those commonly exhibited by victims of sexual assault.

Nelson requested psychological treatment which was authorized by Blake. Bellew-Smith determined psychological treatment was necessary and agreed to provide a series of eight weekly sessions to help Nelson deal with the trauma of the rape. The first of the sessions was not held until February 4, 2005, approximately fifty days after the sexual assault, and only after Nelson filed two complaints regarding the delay in providing treatment and threatened legal action if the sessions were not commenced. According to Nelson, at the first session held February 4, 2005, he asked Bellew-Smith why he had been placed in a room with a known rapist. He contends Bellew-Smith told him his own conduct caused his earlier imprisonment, his subsequent transfer to the Treatment Center, and ultimately his placement on the Hoctor 3 ward. Thereafter, Nelson refused to participate in further treatment sessions...