Thompkins v. Belt
| Decision Date | 29 September 1987 |
| Docket Number | No. 86-4187,86-4187 |
| Citation | 828 F.2d 298 |
| Parties | George THOMPKINS, Plaintiff-Appellant, Cross-Appellee, v. Bill BELT, Sheriff, Avoyelles Parish, et al., Defendants-Appellees, Cross- Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Louis Berry, D. Wayne White, Alexandria, La., for plaintiff-appellant, cross-appellee.
Norris Greenhouse, John T. Bennett, Marksville, La., for defendants-appellees, cross-appellant.
Appeal from the United States District Court for the Western District of Louisiana.
Before GARWOOD, JOLLY, and HILL, Circuit Judges.
George Thompkins brought this suit under 42 U.S.C. Sec. 1983 claiming that his Eighth Amendment rights were violated because he was denied access to medical treatment for a back injury he suffered while he was incarcerated in a Louisiana parish jail. Thompkins named as defendants the parish sheriff, Bill Belt, and Belt's liability insurer, American Druggist Insurance Company. Thompkins was awarded $4,500 as compensatory damages in a bench trial. He appeals, claiming that this award is inadequate respecting his compensatory damages, and that the district court erred by failing to award punitive damages and by denying his motion for new trial. On cross-appeal, defendants raise in substance three issues, claiming (1) that the district court's finding that Thompkins was injured while an inmate of the parish jail is clearly erroneous, (2) that there is no legal basis for finding Sheriff Belt liable, and (3) that the district court erred in refusing to amend the judgment to delete American Druggist Insurance Company as a defendant.
We determine that Thompkins' contentions lack merit and that the district court was not clearly erroneous in finding Thompkins was injured while he was incarcerated in the Avoyelles Parish jail. We conclude, however, that the findings of the district court do not adequately state any proper basis for holding the sheriff liable under section 1983, and we therefore vacate the award of damages and remand the case for further findings of fact respecting liability and for the entry of judgment accordingly. Because we do not decide the issue of liability, we do not reach the issue respecting the status of American Druggist Insurance Company.
The essential facts of this case, as stated in the district court's findings of fact and conclusions of law, are adequately supported by the record. Thompkins was incarcerated in the Avoyelles Parish Jail ("the jail") in Marksville, Louisiana from April to December 13, 1983, when he was transferred to the Hunt Correctional Institute ("the prison"). He was a trustee-janitor in the jail, and the district court found "it is more probable than not that he injured his back in late June of 1983" while mopping a floor in the jail. Thompkins testified that he asked to see a physician or to be taken to a hospital 1 but that he was denied treatment despite his repeated requests.
Thompkins testified that he and his wife made his ailment and need to see a physician known to other inmates, numerous members of the jail staff, and the volunteer nurse who visited the jail and was available for inmate care twice a week. Jail staff personnel claimed that Thompkins received nonprescription drugs, continued to work, and did not ask for additional treatment. Describing this as "a classic case of conflicting testimony" respecting Thompkins' assertion of requests for medical treatment, the district court credited at least some of Thompkins' claims that he asked to see a doctor, finding:
After Thompkins was transferred to the prison, x-rays were made of his back, but his ailment was not immediately diagnosed. He was placed on light duty status, but was required to perform heavier manual labor than he had in the jail. He either further injured his back or aggravated his existing back injury, and eventually required back surgery in the spring of 1984. The district court specifically declined to find any causal link between the injury in the jail and this later surgery 2; and no damages were awarded for events after Thompkins' transfer.
The district court found "deliberate indifference to serious medical needs" and concluded that the sheriff's employees, staff, or department knew of Thompkins' needs and nevertheless failed to have him seen by a physician; however, the district court's findings do not clearly state that Sheriff Belt personally was ever aware of Thompkins' condition or requests. 3 The record discloses that Sheriff Belt was directly contacted about Thompkins' back problems and need to see a doctor only on December 12, 1983, the day before Thompkins was transferred to the prison, when Thompkins' wife called upon the sheriff in his office.
Thompkins brings three complaints on appeal, two relating to the amount of damages awarded, and the third to the district court's denial of his motion for a new trial. 4
Thompkins sought $5 million in compensatory damages and $1.5 million as punitive damages, but was awarded no punitive damages and $4,500 as compensatory damages. He claims that the compensatory damage award is inadequate, and that the district court also erred by failing to award him punitive damages.
Compensatory damages for section 1983 purposes are governed by common-law tort principles. Keyes v. Lauga, 635 F.2d 330, 336 (5th Cir.1981). The amount of damages awarded by the fact finder must be sustained, absent an error of law, unless the reviewing court finds the amount is clearly erroneous, Winbourne v. Eastern Airlines, Inc., 758 F.2d 1016, 1018 (5th Cir.1984), or so gross or inadequate as to be contrary to right reason, Young v. City of New Orleans, 751 F.2d 794, 798 (5th Cir.1985). Because Thompkins was a prisoner during the period at issue, his compensable damages involve only pain and suffering, and not medical costs 5 or lost earnings. In addition, the district court's finding, which we determine is not clearly erroneous, that the delay in providing proper medical treatment did not in itself cause Thompkins' surgery or his later ailments precludes any award of damages for subsequent suffering or future economic losses occurring after December 13, 1983. The district court's decision to award no more than $4,500 for the three and a half months during which Thompkins was found to have suffered pain and discomfort caused by the lack of proper treatment therefore does not appear to be inadequate in the sense of being clearly erroneous or contrary to right reason.
Punitive damages can be awarded under section 1983 only if official conduct is "motivated by evil intent" or demonstrates "reckless or callous indifference" to constitutional rights. Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625, 1640, 75 L.Ed.2d 632 (1983). The purpose of granting punitive damages under section 1983 is to deter future egregious conduct that violates constitutional rights. Creamer v. Porter, 754 F.2d 1311, 1319 (5th Cir.1985). Although the district court found "deliberate indifference to serious medical needs," it denied punitive damages because it found that the remedial measures required were in effect by the time of trial through changed inmate medical care policies. 6 Even if a party has made a showing justifying an award of punitive damages, the decision whether to award such damages is within the discretion of the trier of fact, Creamer, 754 F.2d at 1320, and no abuse of discretion is established here.
Thompkins moved for a new trial, asserting the inadequacy of damages awarded as discussed above, and protests the district court's denial thereof. "The decision to grant or deny a motion for new trial generally is within the sound discretion of the trial court and will not be disturbed unless there is an abuse of that discretion or misapprehension of the law"; review of the denial of a motion for new trial is especially deferential. Dixon v. International Harvester Co., 754 F.2d 573, 586 (5th Cir.1985). Thompkins' motion merely restated the facts of the case and advanced no specific theory or facts to support his claim that a new trial was appropriate. On appeal, Thompkins merely lists the denial of his motion as an issue, and then restates it in one sentence on the brief's final page. If Thompkins has any basis (other than the arguments advanced in his other claims of error respecting the damages, which we have already rejected) for claiming that the district court abused its discretion, his contention is not adequately presented or briefed and accordingly will not be considered on appeal. See Morrison v. City of Baton Rouge, 761 F.2d 242, 244 (5th Cir.1985).
Accordingly, we determine that Thompkins' issues on appeal are without merit.
Defendants by cross-appeal complain that the district court was clearly erroneous in its fact-finding, that there is no legal basis for finding Sheriff Belt liable, and that the district court erred in refusing to amend the judgment in respect to American Druggist Insurance Company. We address each contention in turn.
Defendants ask that we review the evidence--e.g., evidence that Thompkins continued to work as a janitor,...
To continue reading
Request your trial
-
Lively v. Theriot, CIVIL NO. 6:13-2756
...must be a sufficient causal connection between the supervisor's alleged wrongful conduct and the constitutional violation. Thompkins v. Belt, 828 F.2d 298, 303-04 (5thCir. 1987). Thus, a supervisory official may be liable when enforcement of a policy or practice results in a deprivation of ......
-
Leibowitz v. City of Mineola, Tex.
...there is a sufficient causal connection between the supervisor's wrongful conduct and the constitutional violations. Thompkins v. Belt, 828 F.2d 298, 303-304 (5th Cir.1987). Plaintiff has not alleged facts showing that Bittner was personally involved in a constitutional deprivation. In addi......
-
Elkins v. McKenzie
...1983, supervisory officials are not liable for the actions of subordinates or any theory of vicarious liability. Thompkins v. Belt, 828 F.2d 298, 303 (5th Cir.1987). A sheriff not personally involved in the acts that deprived the plaintiff of his constitutional rights is liable under sectio......
-
Sanchez v. Griffis
...that resulted in injury to the plaintiff. Mouille v. City of Live Oak , 977 F.2d 924, 929 (5th Cir. 1992) (citing Thompkins v. Belt , 828 F.2d 298, 303 (5th Cir. 1987) ). A prisoner must sufficiently allege facts showing either personal involvement or implementation of an unconstitutional p......