Poole v. Taylor

• Decision Date: 19 December 2006
• Docket Number: No. CIV. 99-635-SLR.,CIV. 99-635-SLR.
• Citation: 466 F.Supp.2d 578
• Parties: Samuel Turner POOLE, Plaintiff, v. Stan TAYLOR and Raphael Williams, Defendants.
• Court: U.S. District Court — District of Delaware

466 F.Supp.2d 578

Samuel Turner POOLE, Plaintiff, v. Stan TAYLOR and Raphael Williams, Defendants.

No. CIV. 99-635-SLR.

United States District Court, D. Delaware.

December 19, 2006.

Samuel Turner Poole, Pro se Plaintiff.

Marc P. Niedzielski and, Richard W. Hubbard, Deputy Attorneys General, Delaware Department of Justice, Wilmington, DE, for Defendants and Counter Defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

Plaintiff Samuel Turner Poole, proceeding pro se, filed this action on September 22, 1999, pursuant to 42 U.S.C. § 1983, alleging unconstitutional conditions of confinement. At the time plaintiff filed the complaint, he was an inmate housed at the Multi-Purpose Criminal Justice Facility ("Gander Hill").¹ (D.I.2) A supplement to the complaint was filed on October 29, 2003, adding a medical needs claim. (D.I.36, 37) Defendants filed an answer and plaintiff filed a "counterclaim" against the defendants. (D.I.49, 51, 60)

The case was stayed on November 12, 2004, while awaiting an appellate decision in Hubbard v. Taylor, C.A. No. 00-531-SLR, because of the similar issue of triple ceiling inmates.² (D.I.55) Defendants moved to consolidate the cases and the motion was granted on May 7, 2005. (D.I.67, 69) The cases were subsequently de-consolidated on August 5, 2005, and the stay was lifted on August 17, 2005. Discovery commenced and on January 30, 2006, defendants filed a motion for summary judgment followed, by a motion to supplement the motion for summary judgment. (D.I.86, 87, 99) The motion for summary judgment was denied with leave to refile. (D.I.105)

Now before the court is defendants' renewed motion for summary judgment. (D.I.107) Plaintiff responded by filing a motion for declaratory judgment and a motion to strike. (D.I.114, 115) For the reasons set forth below, the court will grant the motion for summary judgment and will deny the motion for declaratory judgment and motion to strike.

II. BACKGROUND

The complaint and its supplement allege that when plaintiff arrived at Gander Hill on March 24, 1999, he was given a mattress at booking and receiving and, for the first seventy-two hours, was placed in a cell with nineteen or twenty persons. (D.I. 2; D.I. 37) He was moved to the fitness center, an area he alleges is not designed to house inmates nor is it "set up bathroom wise," and was again "placed on the floor" where he slept with fifty to sixty inmates for a month before he was transferred to a housing unit, Block 1-A, cell 3. (D.I.2, 36, 37)

Once he was transferred to the housing unit, plaintiff alleges that he was told to sleep on the floor. Id Plaintiff alleges that the housing block is designed for twenty inmates, but was fitted with a top bunk to house forty inmates. Id. Plaintiff alleges that the housing unit now holds sixty inmates because an additional inmate sleeps on the floor. Id. Plaintiff alleges that while housed there, he slept in his clothes at night and it was so cold his feet were numb. (D.I.37) He also alleges that he saw "little gray bugs crawling around on the floor." Id. Plaintiff alleges he remained there a month before being transferred to a new housing unit, 2-M cell 7, and was again asked to sleep on the floor. (D.I.2) He alleges he was subjected to "encounters" with insects such as millepedes and ants. Id. Plaintiff alleges that, while a pretrial detainee, he slept on the floor "for over 180 day[s] total." (D.I.36)

Plaintiff also alleges that on July 6, 1999, he received an injury to his right eyebrow which required fifteen stitches. (D.I.37) Plaintiff complains that, even with his injury, he was placed back in a cell on the floor. and it was so hot, "it was sweating." Id. Plaintiff appears to allege he was concerned about an infection because he was placed on an unsanitary floor and there was no air conditioning. Id. He alleges no x-rays were taken to see if there was an infection. Id.

Defendants rely upon their statement of facts as set forth in their filings in Hubbard v. Taylor, C.A. No. 00-531-SLR, on the basis that the same conditions are at issue at the same prison during the same time period.³ The court also gleans certain facts from the voluminous discovery defendants provided to plaintiff. (D.I.95, 97, 98)

Defendant Stanley Taylor ("Taylor") has been the Commissioner of the Delaware Department of Correction ("DOC") since the fall of 1995 and defendant Raphael Williams ("Williams") is the warden at Gander Hill. Hubbard v. Taylor, 399 F.3d 150, 153 (3d Cir.2005). Gander Hill was constructed in 1982 and enlarged when a new wing was added in 1992. Id. In 1995, a prison master plan was developed in response to ongoing prison condition litigation. Id. at 155. A prison construction project was undertaken, pursuant to the plan, to eliminate overcrowding at Gander Hill. (D.I. 109, A49 at 79) The actual population, however, was higher than the projected population. (D.I. 109, A50 at 81)

Gander Hill receives approximately 18,000 admissions per year. (D.I. 109, A41 at 46) Commissioner Taylor keeps the Delaware Legislature informed during the annual budget hearing of the actual prison population, the capacity, and the net growth at Gander Hill. (D.I. 109, A37 at 29) He also has advised the Legislature of the risk of overcrowding. Id.

Pretrial detainees are housed in the west wing of Gander Hill, and sentenced inmates are housed in the east wing. Hubbard, 399 F.3d at 153-54. Some sentenced inmates are also housed in the west wing. (D.I. 109, A32 at 12) According to Commissioner Taylor, the division between the pretrial detainees and the sentenced inmates is a function of security and convenience. Id. Specifically, the west wing is closer to the Justice of the Peace court located at Gander Hill. Id.

The typical west wing modular unit or "pod" contains two housing units connected by a control room from which correctional officers can observe the two units. Hubbard, 399 F.3d at 154. Each unit contains a large dayroom of approximately 3,900 square feet, containing a sink, tables, chairs and a television. Id. Twenty cells surround the dayroom. Id. With some minor variation, they are all approximately the same size. Id. The cells on the west wing were originally designed to hold one prisoner. (D.I. 109, A32 at 12) The west wing cells were converted from -single to double occupancy and then, in approximately 1998 or 1999, the cells were converted to triple occupancy. (D.I. 109, A33 at 13, 15) Triple occupancy was implemented because the institution was "simply out of bed space". (D.I. 109, A33 at 15) The cells in the east wing, where the sentenced inmates are housed, were originally designed for double occupancy. (D.I. 109, A32 at 12; A33 at 13)

In the west wing, an inmate must sleep on a floor, mattress when three are housed in a given cell. Hubbard, 399 F.3d at 154. The newest arrival is required to sleep on a mattress on the floor until one of his cellmates is released or moved. Id. This frees a bunk for the inmate who had been on the floor mattress, and any new arrival in that cell would then take his place on the floor mattress. Id. The west wing cells range in size from 69 to 76 square feet, and the net unencumbered space in the cell (gross footage of 69-76 square feet less space required for a bed, mattress, desk and toilet) is less than 50 square feet or 16 square feet per occupant of each tripled cell. Id.

Inmates are continually transferred out of Gander Hill at the rate of 180 per month. (D.I. 109, A39 at 38) As a result of the prison expansion and the recent opening of a housing unit at the Delaware Correctional Center ("DCC"), at some point in time in 2002, enough inmates were transferred from Gander Hill to DCC to empty the gym that had been used for housing. Id. The gym had been used to house inmates, off and on, for a period of three to four years. (D.I. 109, A39 at 38) According to Commissioner Taylor and Warden Williams, up to 80 persons, typically pretrial detainees, were housed in the gym. (D.I. 109, A39 at 38, A63 at 21) There is one bathroom in the gym, but inmates also have access to bathrooms directly outside the gym entrance. (D.I. 109, A63 at 21-22) Also, there are three bathrooms in the general area. (D.I. 109, A63 at 23) Except in instances of lock down, inmates are allowed to stand in line to wait for the bathroom. (D.I. 109, A63 at 22-23)

The average monthly housing population in the fitness center for 1999 was as follows: April, 50; May, 48; July, 54; August, 51; September, 51; October, 54; November, 52; and December, 48. (D.I.98, D1) The average monthly housing population in the gym for 1999 was as follows: February, 60; March 87, April, 81; May, 77; August, 78; September, 76; October, 79; November, 66; and December, 67. Id. Institution monthly reports completed by Warden Williams during 1999 for the months of January through March, May, and June through December refer to concerns of overcrowding, housing of inmates in the gym or fitness center, and maintenance issues. (D.I.98, D6, D28, D45, D79, D97, D103, D109, D126, D147, D167, D183)

Inmate grievances were filed throughout 1999 and, in January, there were complaints of cold cells and hot cells; in February, of cold cells and hot cells, being bitten by a mouse while sleeping on the floor, and being bitten by fruit flies in the dorm; in March, of no heat in cells; in April, of cold air, an infestation of bugs, unsafe conditions in the gym, mice and spiders on the floor while sleeping, and water bugs on the floor; in May, of overcrowded conditions, ants all over the unit, and a cold pod; in June, of sentenced inmates being housed with unsentenced inmates, spiders and mice crawling on the floor and sleeping on the floor with mice, rooms too hot, and the temperature "not right"; in July, that the cells were too cold or too hot; in August, problems with the temperature, and too cold in cells; in October, cold air in cells; and in December, too cold...