Riggins v. Stewart
| Decision Date | 26 September 2019 |
| Docket Number | CIVIL ACTION NO. 1:18-cv-127-TFM-N |
| Parties | DARRYL RIGGINS, Plaintiff, v. CYNTHIA STEWART, et al., Defendants. |
| Court | U.S. District Court — Southern District of Alabama |
This Section 1983 action, brought by Plaintiff Darryl Riggins, an Alabama prison inmate proceeding pro se and in forma pauperis, is now before the Court on Defendants' Motion for Summary Judgment (Docs. 26, 27, 28, 33, 34, 40, 43). As set out more fully below, Defendants' motion for summary judgment is due to be GRANTED in part and DENIED in part.
Plaintiff Riggins brings this suit against Warden Cynthia Stewart, Warden Terry Raybon, Warden Phillip Mitchell, Captain Jeff Emberton, Captain Regina Bolar, Lieutenant Michael Banks, Sergeant Kelvin Lang1 Classification Specialist William DeSpain, Lieutenant Deveron Brown, Officer Harry Boudreaux, Officer Darious House, Officer Marquino Siler, Officer Johnnie Tait, and Officer Vencini Smith for various Eighth Amendment violations and negligence. His asserted claims are unclear and difficult to understand, in that they reference multiple incidents occurringupon his return to Holman Correctional Facility ("Holman"). However, the overriding theme of the complaint is that the defendants, with knowledge of a risk of harm, failed to protect him. The suit focuses primarily on an October 8, 2017 inmate attack, which Riggins asserts was caused by Defendants' deliberate indifference to his safety, but Riggins also discusses additional incidents (occurring both before and after the October 8, 2017 attack), and appears to ask the Court to consider these incidents both as separate constitutional violations and as cumulative evidence in support of his supervisory claims, including failure of the supervisory defendants to protect him from both inmates and correctional staff at Holman. And, although Riggins asserts no claim of retaliation, he does insinuate in his complaint that the motive behind the defendants' actions and violations stems from hostility regarding a prior lawsuit which he filed against Holman officials, including Regina Bolar (Defendant in this action).2 Notably, Riggins was transferred from Holman following the previous incident, but returned to Holman during the litigation of the suit, which the parties' settled in November 2017.3
Riggins alleges in his Amended Complaint ("complaint") that he was transferred back to Holman, from Kilby Correctional Facility, on March 3, 2017, and was placed in the segregation housing unit per order of Warden Terry Raybon. (Doc. 13 at 9). Riggins claims he feared for his safety at Holman after officers warned him not to go to the healthcare unit "because he might not live" or that the CERT team may harm him. (Doc. 41 at 3, 43).
On March 14, 2017, during segregation rounds, Riggins handed an inmate request slip to Warden Terry Raybon, asking for extra clothing items, a washcloth and towel, laundry bag, andsheets. Warden Raybon told Riggins to write on the request slip, "May I go to General Population". (Id. at 3, 45). Riggins complied; Terry Raybon took the request slip, and returned the slip to Riggins later that day with instructions to answer the following questions:
(Id. at 45). Fearing for his life in general population, Riggins did not return the request slip to Warden Raybon. And, on March 21, 2017, Riggins verbally informed Terry Raybon that he feared for his safety at Holman. (Id.).
On May 14, 2017, Riggins handwrote two administrative complaints.4 The first complaint is addressed to Warden Cynthia Stewart and Classification Specialist William DeSpain, in which Riggins asserts that he and inmate Antonio Williams, who was also housed in the segregation unit, are enemies and that inmate Williams had made continuous threats to attack Riggins when Riggins was cuffed to the rear. (Id. at 53). Riggins further asserts in the letter that Inmate Williams informed him that unnamed prison officials are "willing to pay him (Inmate Williams) or any other inmate to do [Riggins] serious physical harm."5 (Id.). Subsequent to the submitted letter, Riggins claims that Captain DeSpain visited Riggins at his segregation cell and told Riggins that Warden "Stewart ordered him to do nothing to protect Riggins." (Id. at 4).
The second complaint, dated May 14, 2017, is addressed to Warden Stewart and Captain Emberton, in which Riggins complains of excessive force used against him on May 13, 2017 by the CERT team (during their search for a cell phone) and requests an investigation be conducted by the Internal Investigation Unit. Riggins claims that on May 13, 2017, between 3:00 p.m. and 3:45 p.m., he was using the toilet in his cell when he was ordered to "cuff up" by the CERT team through the cell tray door. (Id. at 51). Riggins responded, "Yes, let me wipe my ass", and was sprayed with a chemical spray. (Id.). Riggins screamed, "I'm coming", but was sprayed again as he stood at the cell door with his hands to the rear. (Id.). Riggins again "loudly beg[ged]" and said "I'm ready" when he alleges he was sprayed again with the chemical agent and told by the CERT team officer, "No you will be ready when we say you're ready" and was sprayed a fourth time before the officer closed the tray door. (Id.). Riggins contends he was forced to stay in the contaminated cell for approximately 15 minutes "choking, coughing, burning, and struggling to breathe", while repeatedly begging for help and to be removed. (Id.). Riggins alleges that for the entire 15 minutes he remained in the cell, the CERT team officers mocked him with insults and stated, "suffer mother fucker we got til 5:00 p.m. to get your ass out of that cell". (Id. at 53). Once removed from the cell and decontaminated, Riggins was replaced in his cell and denied products with which to clean it. (Id.).
On June 14, 2017, Riggins claims he suffered a seizure in his cell and was found unresponsive on the floor by three ADOC officers (Officers House, Jones, and Bennett) and one nurse (Nurse Gary) during the 1:30 a.m. pill call. (Doc. 41 at 56-59). According to Riggins, the nurse advised of the need for medical treatment, and the three officers stated, "he will be alright just leave him". (Id. at 5, 54).
Riggins further claims that a few hours later, Lieutenant Brown, Captain Smith, Officer Bennett, Officer Tait, Officer House, Officer Siler, Officer Stewart, and Lieutenant Banks came to his cell, saw that he was still seizing, unresponsive, and threw objects at him and poked him with a stick. (Id. at 54). More specifically, he claims that Vencini Smith beat his legs and feet with a push broom and "water squeezy" causing pain and swelling to his legs and feet. (Doc. 13 at 10). Riggins alleges that these defendants made statements including, "We don't care about Darryl Riggins"; "We are not opening that cell door to go get him out"; and "If he die[,] Oh well." (Doc. 13 at 9 (capitalization alterations)).
When Riggins regained consciousness around 7:00 a.m., he claims he was lying in a pool of urine, feces, and blood from biting his tongue. (Doc. 41 at 5). Then, at approximately 10:00 a.m., four CERT team officers came to his cell while he was asleep and screamed, "they would beat the shit out of [him]" if he moved. (Id. at 55). Riggins was handcuffed, thrown to the floor, and questioned about possession of a cell phone. His cell and person were searched, while Riggins repeatedly requested medical treatment for his tongue but was told he "wasn't going anywhere until [he gave] them a cell phone." (Id. at 5). When no cell phone was produced or found, the CERT team officers left and refused Riggins medical treatment for his tongue. (Id. at 5-6).
Riggins alleges he again requested a body chart and medical attention for "his chewed tongue" during the Segregation Review Board's rounds on June 16, 2017, but was refused treatment by Jeff Emberton and Terry Raybon, who responded, "I Don't Need to See Your Tongue, and no you cannot have a medical body chart done." (Doc. 13 at 10).
On October 8, 2017, Riggins was released from the segregated housing unit to general population. He was assigned to Alpha Dormitory (A-Dorm) bed 11-A but asserts that another inmate was occupying bed 11-A and refused to move from the bed. Riggins reported the inmate'srefusal to move from bed 11-A to Captain Regina Bolar. Riggins claims that Captain Bolar and Lieutenant Banks checked the computer for A-Dorm bed assignments, and no inmate was formally assigned to bed 11-A. Riggins alleges that Captain Bolar and Lieutenant Banks went to A-Dorm and the inmate on bed 11-A again refused to move to his assigned bed. (Doc. 41 at 7). Captain Bolar then ordered Riggins to go to Bravo Dormitory (also "B-Dorm" or "Bravo Dorm"). When Riggins entered Bravo Dorm, he claims the B-Dorm inmates approached him and threatened to stab him for being labeled a snitch or informant. Riggins further claims he left B-Dorm and informed Captain Bolar and Lieutenant Banks "that the inmates in Bravo Dormitory were threatening to stab and beat plaintiff for being labeled a snitch if plaintiff did not get out of Bravo Dormitory", and Captain Bolar responded, "Man get out of my face." (Doc. 13 at 4). Riggins alleges that because he feared for his safety in B-Dorm, he sneaked into Delta Dormitory ("D-Dorm") and hid.
At the 9:00 p.m. pill call, Riggins entered the main hall and was questioned by Lieutenant Devron Brown as to his dorm and bed assignment. Riggins answered that he was assigned to bed 11-A but was told by Captain Bolar to find a bed in B-Dorm. Riggins alleges that Lieutenant Brown ordered Defendant Officers Lang, Boudreaux, Tait, House and Siler to escort him to B-Dorm "and make sure he did not get back out." (Id....
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