Walker v. Horn
| Decision Date | 28 September 2004 |
| Docket Number | No. 03-18986.,03-18986. |
| Citation | 385 F.3d 321 |
| Parties | Michael Tyrone WALKER, Appellant v. Martin HORN, Commissioner of Pennsylvania Department of Corrections; Jeffrey Beard, Deputy of Treatment of Corrections; Kenneth Kyler, Superintendent at SCI-Camphill Prison; Mark Laskey, Medical Director of SCI-Camphill Prison; William W. Young, Medical Doctor of SCI-Camphill Prison; William Ward, Unit Manager of SCI-Camphill Prison; Arthur Auxer, Unit Manager of SCI-Camphill Prison. |
| Court | U.S. Court of Appeals — Third Circuit |
Appeal from the United States District Court for the Middle District of Pennsylvania, Edwin M. Kosik, J.
COPYRIGHT MATERIAL OMITTED
Thomas M. Place, Carlisle, PA, for Appellant.
Leslie A. Miller, General Counsel, Commonwealth of Pennsylvania.
Michael A. Farnan, Pennsylvania Department of Corrections, Office of Chief Counsel, Camp Hill, PA, for Appellees, Martin Horn, Commissioner of Pennsylvania Department of Corrections, Jeffrey Beard, Deputy of Treatment of Corrections, Kenneth Kyler, Superintendent at SCI-Camphill Prison, William Ward, Unit Manager of SCI-Camphill Prison and Arthur Auxer, Unit Manager of SCI-Camphill.
Randall G. Gale, Thomas, Thomas & Hafer, Harrisburg, PA, for Mark Laskey, Medical Director of SCI — Camphill Prison, Appellee.
Before NYGAARD, McKEE and CHERTOFF, Circuit Judges.
In this § 1983 action, Michael Tyrone Walker, a state prisoner, alleges that his rights under the First, Eighth and Fourteenth Amendments were violated when prison officials sought a state court order authorizing them to force-feed him after he went nine days without eating. The district court granted summary judgment to all of the defendants except Arthur Auxer, a prison official; and Dr. Mark Lasky, the medical director of the prison. Shortly before their trial began, Walker withdrew his claims against Auxer, leaving Lasky as the sole remaining defendant. The jury ultimately returned a verdict in favor of Lasky, and Walker appealed. For the reasons that follow, we will affirm.
In August 1995, Walker was incarcerated in the Special Management Unit ("SMU") at the State Correctional Institution at Camp Hill, Pennsylvania ("SCI-Camp Hill"). The SMU was reserved for the most difficult prisoners in the state system and Walker's placement there meant that he was confined in his cell twenty-three hours a day.
Walker is a member of the Nation of Islam, a self-proclaimed Islamic sect that follows the teachings of Elijah Muhammad. Members of the Nation of Islam fast during Ramadan and at other times during the year in accordance with the teachings of Elijah Muhammad. Walker claims that since his incarceration in 1988 he has engaged in periodic religious fasts in which he abstains from solid foods but drinks liquids.2
Walker's Prison Adjustment Record reflects that on August 20, 1995, he became angry, allegedly because he was not receiving legal material.3 He made threats, became argumentative, and was placed on further restriction even though he was already in the SMU. A few days later, while still confined in the SMU, Walker claims to have begun a religious fast which he planned to continue for three to fifteen days. Like his earlier fasts, he purportedly abstained from solid food, but drank liquids.
Beginning on August 26, 1995, Walker was seen at least daily by prison medical staff. William Young, M.D., a physician on the medical staff at SCI-Camp Hill under Dr. Lasky's supervision, examined Walker on that date. Walker claims that Dr. Young checked his weight and blood pressure, listened to his breathing, and examined his eyes.4 Walker also claims that Dr. Young noted that Walker was fasting for religious purposes. Walker claims that Dr. Young recorded his condition as "normal" on August, 26, 27, 28, 29 and 30. Walker's weight was recorded as 193 pounds on August 27, 192 pounds on August 28, 189 pounds on August 29, and 190 pounds on August 30. According to Dr. Young's testimony, weight loss becomes a concern when a person who is fasting loses ten percent of their weight. Young directed that blood and urine be obtained from Walker on August 27 and 28.5 According to Walker, Dr. Young never urged him to stop fasting or exercising.
On August 26, 1995, the medical staff read Walker a form captioned, "The Effects of Starvation and Dehydration," and Walker acknowledged the form by signing it. In doing so, he attested to his understanding "that the Department of Corrections will do everything within its power to prevent the death of any person committed to its custody, and ... this means that permission may be sought from a judge to force [an inmate] to eat or drink."
On August 31, 1995, after what the prison officials claim was nine days of documented refusal to eat, the Department of Corrections ("DOC") filed an ex parte application for a preliminary injunction in state court pursuant to Pa.R.C.P. 1531. The complaint alleged that Walker was on a hunger strike. An affidavit of Dr. Lasky dated August 30, 1995 was attached to the complaint. In that affidavit, Lasky stated that, based upon his observations earlier that day, Walker "appeared somewhat lethargic, slow walking and spoke with a slight slur." Lasky's affidavit further stated that those symptoms "could be the effects of starvation and dehydration" and that unless Walker received nutrition and hydration "as soon as possible," he could suffer "tissue breakdown ... which may result in coma, cardiac arrest and possibly death." The affidavit also stated that feeding was required to prevent "irreparable harm." Lasky had not examined Walker before executing that affidavit, but he had spoken to Walker through his cell door. However, Walker claims that Dr. Lasky had not spoken with him and that the doctor actually confused him with another inmate.
In addition to Dr. Lasky's affidavit, the complaint alleged that Walker's "conduct threaten[ed] the good order of the SCI-Camp Hill in that other inmates may engage in hunger strikes as a result of [Walker's] conduct or may believe that [the Department] is not concerned with their well being." Other prisoners were allegedly already engaged in "copy-cat" hunger strikes.6
The DOC also asked the state court for authorization to provide treatment including, but not limited to, nutrition, hydration, and medication, as medically necessary to preserve Walker's health and life pending the adjudication of the matter. The DOC also sought permission to involuntarily obtain specimens of bodily fluids for analysis.
On August 31, 1995, the Court of Common Pleas of Cumberland County entered an order allowing the prison officials to, inter alia,"involuntarily administer ... medical treatment including but not limited to nutrition, hydration and medication as may be medically necessary to preserve [Walker's] health and life pending the adjudication of this matter, as is determined by the medical personnel duly charged with his care." The court also scheduled a hearing for September 5, 1995, and appointed counsel to represent Walker at that hearing.
Thereafter, Lasky informed Walker that the medical department had obtained a court order authorizing force-feeding. Walker claims that he told Lasky that he was fasting for religious reasons and that Lasky ignored him. A short time later, correction officers took Walker from his cell to the prison infirmary.7 Walker claims that he was there stripped, strapped to a hospital bed, and placed in ankle and wrist restraints. His head was also restrained, and a chest strap was used to prevent him from moving.8 A corrections officer then read Walker the court order, and gave him a copy of it.
Walker claims that he told officials standing near his bed that he was willing to stop his hunger strike to avoid being force-fed as he was being strapped to the bed.9 However, Lasky testified that Walker never stated he was willing to eat before he was force-fed. Rather, the prison officials testified that Lasky gave Walker the option of eating, and Walker refused. Walker claims that Auxer told him that his concession to eat came too late. In any event, after Walker was strapped to the bed, nurses placed a nasogastric tube through his nose, down his throat and into his stomach, and Walker was then force-fed through the tube. The procedure was videotaped.
Walker claims that he was fed liquified liver and mashed potatoes with milk even though he told medical personnel that the did not eat meat or milk products because both foods upset his stomach.10 Lasky allegedly let Walker be force-fed the foods that were being served to the general prison population for the noon meal. Lasky denies that Walker told anyone he was a vegetarian or that Walker's medical records stated that Walker was a vegetarian. However, Lasky confirms that Walker was force-fed mashed potatoes and milk.
Sometime after the force-feeding of the noon meal, Walker claims to have told medical personnel, including Lasky, that he was willing to stop his fast and that he reiterated that certain foods upset his stomach. Lasky purportedly responded by telling Walker that the feeding tube would not be removed and that Walker would be required to eat the evening meal with the feeding tube in place. When told that the evening meal would include spaghetti with meat, Walker claims to have again told Lasky that this meal would upset his stomach.
Lasky denies any intention of making Walker sick and testified that he believed the food did not pose a substantial risk of serious harm. Walker claims that he only ate the meal under threat of force-feeding because he was in great discomfort.
Walker testified that the force-feeding made him vomit during the night and that, since he was still restrained, he choked. Walker claims that he asked Lasky to remove the feeding tube the following morning, but Lasky said that the tube would remain until...
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