Ryncarz v. Eikenberry

• Decision Date: 25 June 1993
• Docket Number: No. CY-92-3061-JBH.,CY-92-3061-JBH.
• Parties: Joseph Patrick RYNCARZ, Plaintiff, v. Kenneth O. EIKENBERRY, Kathleen Mix, Chase Riveland, James Spalding, Ruben Cedeno, James Blodgett, Jerry Davis, Wayne Helgeson, Captain Morgan, CPM Grandmontagne, J. Van Skike, Lt. Dodd, Lt. Tim Gleason, Lt. Edwards, Rick Alt, D. May, Sgt. Bingham, C/O Roop, C/O Ritchie, C/O Piver, C/O Mitchell, C/O Hansen, Ron Lindquist, Dr. Kuzma, RN Wagner, PA Bailey, Diane Robertson, Don McLaren, Defendants.
• Court: U.S. District Court — District of Washington

824 F. Supp. 1493

Joseph Patrick RYNCARZ, Plaintiff, v. Kenneth O. EIKENBERRY, Kathleen Mix, Chase Riveland, James Spalding, Ruben Cedeno, James Blodgett, Jerry Davis, Wayne Helgeson, Captain Morgan, CPM Grandmontagne, J. Van Skike, Lt. Dodd, Lt. Tim Gleason, Lt. Edwards, Rick Alt, D. May, Sgt. Bingham, C/O Roop, C/O Ritchie, C/O Piver, C/O Mitchell, C/O Hansen, Ron Lindquist, Dr. Kuzma, RN Wagner, PA Bailey, Diane Robertson, Don McLaren, Defendants.

No. CY-92-3061-JBH.

United States District Court, E.D. Washington, at Yakima.

June 25, 1993.

COPYRIGHT MATERIAL OMITTED

Joseph Patrick Ryncarz, pro se.

John Scott Blonien, Asst. Atty. Gen., Olympia, WA, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS, IN PART, INTER ALIA

HOVIS, United States Magistrate Judge.

BEFORE THE COURT is the plaintiff's motion for partial summary judgment (Ct. Rec. 30) and the defendants' motion to dismiss (Ct.Rec. 34).

FACTUAL BACKGROUND

This is a 42 U.S.C. § 1983 action. Plaintiff alleges that various of his constitutional rights were violated when the defendants required him to submit to a blood draw pursuant to the State of Washington's DNA identification program. RCW 43.43.754 states:

After July 1, 1990, every individual convicted in a Washington superior court of a felony defined as a sex offense under RCW 9.94A.030(29)(a) or a violent offense as defined in RCW 9A.94.030(32) shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses after July 1, 1990, who are serving a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples prior to release from the county jail or detention facility. For persons convicted of such offenses after July 1, 1990, who are serving a term of confinement in a department of corrections facility, the department shall be responsible for obtaining blood samples prior to release from such facility. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.

From the admissions contained in defendants' answer and jury demand (Ct.Rec. 20), the court has ascertained the following uncontroverted facts.

On or about March of 1992, plaintiff was in the custody of the Washington State Department of Corrections at the Washington State Penitentiary (WSP). Plaintiff was asked to submit a blood sample for purposes of DNA identification analysis. Plaintiff refused to submit to a blood draw, alleging that to do so would be contrary to his religious beliefs. Plaintiff was given thirty days in which to initiate a legal challenge to the proposed blood draw.

In a petition dated March 26, 1992 and submitted to the Secretary of Department of Corrections, Chase Riveland, and to the Director of the Department of Prisons, James Spalding, plaintiff challenged the validity of Department of Corrections Policy No. 620.002 pertaining to non-consensual blood draws.

On April 7, 1992, the Washington State Court of Appeals, Division III, reversed plaintiff's convictions for 1) second degree assault, RCW 9A.36.021(1)(c)¹; 2) possession of a pistol by a felon, RCW 9.41.040(1); 3) possession of a .12 gauge loaded shotgun in a vehicle, RCW 77.16.250; and 4) extortion, RCW 9A.56.110 and .120(1).²

In a letter addressed to plaintiff and dated April 13, 1992, defendant Spalding acknowledged receipt of plaintiff's petition. Spalding stated that he had asked the state attorney general's office to review the issue. However, he also informed plaintiff that "at this time," the Department of Corrections had statutory authority to use force to obtain identification information and plaintiff should adhere to WSP field instructions.

On April 17, 1992, plaintiff was being held at the Medium Security Complex (MSC), Blue Mountain Unit (BMU). On that date at approximately 8:15 a.m., Correctional Officer James Roop approached plaintiff's cell and ordered the plaintiff to report to the "Lieutenant's office." Roop did not inform plaintiff why he was being ordered to report to the Lieutenant. Roop and Correctional Officer William Ritchie escorted the plaintiff to Major Control. Officer Roop conveyed to plaintiff that it was his impression that plaintiff was being ordered to report for a work detail.

Plaintiff was eventually directed to a strip search room where he was met by defendants Dodd, Gleason, Bingham, Piver, Mitchell, and Hansen (all of whom are WSP correctional staff). Defendants placed restraints on the plaintiff's ankles and wrists and secured a waist chain around his waist. Defendant Hansen recorded the events with a hand-held video recording device. Defendant Piver conducted a pat-down search of plaintiff and removed a key ring from plaintiff's pocket and also removed plaintiff's coat, hat, gloves and belt. The defendants did not inform plaintiff why this was being done.

Defendants Dodd, Piver, and Mitchell directed plaintiff out of the strip search room and proceeded through the administrative offices of the building. With the plaintiff under full restraint, defendants Dodd, Piver, Mitchell and Hansen escorted plaintiff from MSC and proceeded by van to the main institution of WSP.

Plaintiff was taken to the trauma room within the hospital building. Defendant Hansen continued to record the events. Defendants Bailey and Robertson (WSP medical personnel) then appeared in the trauma room. Plaintiff's blood was drawn. Plaintiff was provided medical attention on or about April 18, 1992.

Plaintiff's blood specimen was sent to defendant McLaren at the DNA laboratory in Seattle, Washington where it will be utilized in a computerized data bank. The Washington State Patrol originally informed plaintiff that they did not have records indicating that they had received plaintiff's blood for DNA testing analysis.

PROCEDURAL BACKGROUND

In an order dated October 30, 1992 (Ct. Rec. 7), the Honorable Alan A. McDonald adopted the report and recommendation of the undersigned (Ct.Rec. 5). Accordingly, the following claims in plaintiff's first amended complaint were dismissed: 1) claim for money damages against defendants in their official capacities; 2) claim that equal protection rights were violated; 3) claim that right to privacy was violated. The undersigned ordered service of plaintiff's first amended complaint insofar as plaintiff's claims that he was subject to an unreasonable search, denial of due process rights, denial of religious freedom, and deliberate indifference to his serious medical needs.

In his order, Judge McDonald stated that plaintiff's allegation of a Fourth Amendment violation had no basis in either law or fact. Citing Jones v. Murray, 962 F.2d 302, 306-07 (4th Cir.1992), Judge McDonald found that the mere drawing of blood is a minor intrusion which does not shock the conscience and the slight intrusion is outweighed by the government interest in the intrusion.

Defendants seem to allege that there is some inconsistency between Judge McDonald's order and the order granting in forma pauperis status filed by the undersigned on June 19, 1992 (Ct.Rec. 3). That is not true. The undersigned stated that there was a Fourth Amendment claim only to the extent that plaintiff claimed that the use of force in obtaining the blood draw was excessive. As defendants correctly note, however, excessive force claims asserted by prisoners are analyzed under the Eighth Amendment. Graham v. Connor, 490 U.S. 386, 395 n. 10, 109 S.Ct. 1865, 1871 n. 10, 104 L.Ed.2d 443 (1989).

The claims that remain for disposition include: 1) unreasonable search under the Fourth Amendment; 2) excessive force under the Eighth Amendment; 3) deliberate indifference to serious medical needs under the Eighth Amendment; 3) denial of procedural due process rights under the Fourteenth Amendment³; 4) and denial of religious freedom under the First Amendment.

DISCUSSION

A. Plaintiff's Partial Summary Judgment Motion

Plaintiff claims that he should be granted partial summary judgment to the extent that his complaint seeks injunctive and declaratory relief. The basis for plaintiff's request is that counsel for defendants, during the course of settlement negotiations, purportedly offered to stipulate to an award of injunctive relief in exchange for dismissal of plaintiff's complaint.

Pursuant to Federal Rules of Evidence 408:

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible.

Plaintiff's motion is premised on evidence which the court cannot consider. Accordingly, plaintiff's motion for partial summary judgment is DENIED.

B. Qualified Immunity

"Government officials performing discretionary functions generally are shielded from liability for civil damages in a section 1983 action insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). This "clearly established law" test requires more than an alleged "violation of extremely abstract rights." Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Rather, "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Id. at 640-641, 107 S.Ct. at 3039. In other words, "in the light of preexisting law the unlawfulness must be apparent." Id. See: Lum v. Jensen, et al., 876 F.2d 1385 (9th Cir.1...