Reed v. Pearson
| Decision Date | 10 September 1992 |
| Docket Number | No. 91-2628,91-2628 |
| Citation | 976 F.2d 735 |
| Parties | NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit. Orrin S. REED, Plaintiff-Appellant, v. Linley E. PEARSON, Jack R. Duckworth, Warden, Gordon Faulkner, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Before CUMMINGS, POSNER and MANION, Circuit Judges.
ORDEROrrin Scott Reed brought this civil rights action to challenge the conditions of his confinement at the Indiana State Prison (ISP) in Michigan City, Indiana. The district court granted summary judgment for the defendants on all of Reed's claims save one relating to the prison's kitchen and dining facilities. The court referred that claim to a magistrate judge for an evidentiary hearing pursuant to 28 U.S.C. § 636(b)(1)(B). Following the hearing, the magistrate judge filed a report recommending issuance of an injunction requiring the prison to maintain its kitchen and dining facilities. The district court, after conducting de novo review, adopted the magistrate judge's report, and this appeal followed.
Reed first contends that the district court erred in granting summary judgment for the defendants. We agree with the district court that Reed failed to meet his burden of proof in defending against the summary judgment motion, and therefore affirm its decision for the reasons stated in the attached Memorandum and Order.
Reed next contends that the district court abused its discretion in denying his request for appointed counsel pursuant to the factors outlined in Maclin v. Freake, 650 F.2d 885 (7th Cir.1981). Our independent review of these factors leads us to conclude that Reed failed to meet the "high burden" of proving his entitlement to the appointment of counsel. Barnhill v. Doiron, 958 F.2d 200, 202 (7th Cir.1992).
Reed also contends that the district court abused its discretion in failing to order the defendants to produce certain documents. Reed, however, did not identify the documents he sought to obtain from the defendants, nor did he file any motion to compel their production. As a result, Reed is unable to establish that the failure of the district court to order the production of documents was an abuse of discretion. Indianapolis Colts v. Mayor & City Council of Baltimore, 775 F.2d 177, 182 (7th Cir.1985).
Reed further contends that the district court erred in denying his request for a jury trial. The record reveals that Reed waived his right to a trial by jury by failing to make a timely demand for one under Fed.R.Civ.P. 38(b). While a court in its discretion may order a jury trial despite a waiver, Fed.R.Civ.P. 39(b), the district court declined to do so for reasons of judicial economy, and we find no abuse of discretion. Ma v. Community Bank, 686 F.2d 459, 470 (7th Cir.), cert. denied, 459 U.S. 962 (1982).
Reed finally contends that the district court erred in refusing to hold the defendants liable in damages for the unsanitary kitchen conditions at the prison. In order to obtain damages, Reed had to show that the defendants acted with "deliberate indifference" in connection with these conditions. Wilson v. Seiter, 111 S.Ct. 2321, 2324-26 (1991). This he failed to do. Consequently, there is no support for a damage award.
Linley E. Pearson, et al., Defendants
March 30, 1990.
This cause is before the court on the defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
Plaintiff Orrin Scott Reed, an inmate at the Indiana State Prison ("ISP"), filed his original pro se complaint on January 31, 1985, pursuant to 42 U.S.C. § 1983, against Linley E. Pearson, Jack R. Duckworth, and Gordon Faulkner. On October 7, 1985, the court granted Mr. Reed leave to amend his complaint to include sixteen additional defendants, including Robert Orr, governor of the State of Indiana at the time Mr. Reed filed his complaint, Dean Duvall, Robert Bronnenberg, Frank Adkins, John Wells, G.A. Barrera, R.L. Batchelor, Mr. Hardman, Mr. Devaro, L. Jasper, Dr. Offerle, G. Raduenz, Sue Hood, John Doe Director of Hospital Dental Clinic, Jane Doe Officer in charge and/or visiting Room Supervisor, and Jerry Crum.
On July 31, 1987, Mr. Reed was given leave to amend his complaint a second time to add Legal Facilities Supervisor R. Bloomer as a defendant, alleging that Mr. Bloomer denied him access to the prison legal facilities, denied him access to the courts, and denied him due process.
In his complaint, Mr. Reed alleges that defendant Duckworth, the Prison's former superintendent, violated his civil rights by: (1) failing to address grievances; (2) restricting Mr. Reed's use of the mail for legal correspondence; (3) restricting Mr. Reed's visitation; (4) failing to provide sanitary and nutritious meals; (5) restricting Mr. Reed's sales and purchases; (6) denying Mr. Reed equal access to recreational equipment; (7) failing to provide adequate medical treatment; (8) forcing Mr. Reed to pay postage on his mail under a policy where prisoners with more than $30.00 in their prison account are not allowed free postage; (9) denying Mr. Reed's request to be placed on an honor cellblock; (10) confining Mr. Reed in special handcuffs; (11) failing to enforce noise rules in Mr. Reed's cellblock; and (12) failing to provide sufficient hygiene supplies to Mr. Reed.
Mr. Reed seeks compensatory and punitive damages and injunctive relief. The court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(3).
The defendants moved for summary judgment on December 9, 1989. Mr. Reed responded to the motion on February 13, 1990.
A party seeking summary judgment must demonstrate that no genuine issue of fact exists for trial and that the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(e); Hanson v. Turnage, 892 F.2d 653, 656 (7th Cir.1990). If that showing is made and the motion's opponent would bear the burden at trial on the matter that forms the basis of the motion, the opponent must come forth with evidence to show what facts are in actual dispute. Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Zayre Corp. v. S.M. & R. Co., Inc., 882 F.2d 1145 (7th Cir.1989). A genuine factual issue exists only when there is sufficient evidence for a jury to return a verdict for the motion's opponent. Santiago v. Lane, 894 F.2d 218, 221 (7th Cir.1990). Summary judgment should be granted if no reasonable jury could return a verdict for the motion's opponent. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); Schroeder v. Copley Newspaper, 879 F.2d 266, 269 (7th Cir.1989).
The parties cannot rest on mere allegations in the pleadings. Goldberg v. Household Bank, F.S.B., 890 F.2d 965, 967-968 (7th Cir.1989). The court must draw any permissible inferences from the materials before it in favor of the non-moving party, Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986); Johnson v. Pelker, 891 F.2d 136, 138 (7th Cir.1989), as long as the inferences are reasonable. Spring v. Sheboygan Area School District, 865 F.2d 883, 886 (7th Cir.1989). The non-moving party must show that the disputed fact is material, or outcome-determinative, under applicable law. Local 1545, United Mine Workers v. Inland Steel Coal Co., 876 F.2d 1288 (7th Cir.1989).
Even on an issue of intent, summary judgment is proper if the party with the burden at trial presents no indication of the necessary motive or intent. Holland v. Jefferson Nat'l Life Ins. Co., 883 F.2d 1307 (7th Cir.1989).
Defendants Pearson, Bronnenberg, Adkins, and Devaro seek dismissal for the reason that Mr. Reed's complaint fails to name them even once in his complaint. In Potter v. Clark, 497 F.2d 1206, 1207 (7th Cir.1974), the court held that when the complaint is silent as to the defendant except for his name appearing on the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints.
In addition, defendants Orr, Faulkner, Duvall, Batchelor, Hardman, Raduenz, Hood, Crum, and Offerle seek dismissal on the grounds that only the most vague and conclusory allegations are leveled against them.
As a matter of law, Mr. Reed's case demonstrates no right of recovery against defendants Pearson, Bronnenberg, Adkins, Devaro, Orr, Faulkner, Duvall, Batchelor, Hardman, Raduenz, and Offerle. Officials cannot be held liable simply because those subordinate to them allegedly violated Mr. Reed's constitutional rights; personal involvement must be shown. Monell v. Department of Social Services, 436 U.S. 658 (1978); Rascon v. Hardiman, 803 F.2d 269 (7th Cir.1986); Adams v. Pate, 445 F.2d 105 (7th Cir.1971). Mr. Reed has neither alleged nor shown that defendants Pearson, Bronnenberg, Adkins, Devaro, Orr, Faulkner, Duvall, Batchelor, Hardman, Raduenz, and Offerle were personally involved with the violations Mr. Reed alleges in his complaint. Accordingly, those defendants are entitled to judgment.
Mr. Reed's complaint specifically names defendants Hood and Crum, and the court, therefore, concludes that the summary judgment motion filed by defendants Hood and Crum must be denied to the extent it is based on lack of allegations of personal involvement.
Mr. Reed named John Wells, director of Legal Facilities, as a defendant his original complaint. On July 31, 1987, Mr. Reed amended his complaint to add R. Bloomer as a defendant, alleging a denial of access to the courts. In his amended complaint, Mr. Reed alleges that defendant Bloomer maliciously and intentionally violated his constitutional rights by refusing Mr. Reed access to the prison legal facilities,...
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