Waring v. Meachum

• Decision Date: 24 August 2001
• Docket Number: Civ. No. 3:93 CV 1590(PCD).
• Citation: 175 F.Supp.2d 230
• Court: U.S. District Court — District of Connecticut
• Parties: Bryon WARING a/k/a Shahin S.B. Rashad, et al., v. Larry MEACHUM, et al.

175 F.Supp.2d 230

Bryon WARING a/k/a Shahin S.B. Rashad, et al., v. Larry MEACHUM, et al.

Civ. No. 3:93 CV 1590(PCD).

United States District Court, D. Connecticut.

August 24, 2001.

COPYRIGHT MATERIAL OMITTED

Donna J. Burpee, Hartford, CT, Bryon Waring, Somers, CT, William Emmett Dwyer, West Cornwall, CT, Norman A. Pattis, New Haven, CT, for plaintiffs.

Steven R. Strom, Hartford, CT, Leslie D. McCallum, Hartford, CT, Ronald Edward Naves, Jr., Hartford, CT, Lynn D. Wittenbrink, Hartford, CT, for defendants.

RECOMMENDED RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

FITZSIMMONS, United States Magistrate Judge.

This is a consolidated class action, brought pursuant to 42 U.S.C. § 1983, by inmates incarcerated in E and F Blocks at the Connecticut Correctional Institution at Somers during a lockdown which occurred from March 18 to March 25, 1993.¹ The defendants are mostly former correctional administrators and officers.² Plaintiffs contend that, during the course of the lockdown, their constitutional rights under the First, Fifth, Eighth and Fourteenth Amendments were violated by defendants, who were acting under color of state law. Pending before the court is defendants' motion for summary judgment on grounds that plaintiffs' claims fail to rise to the level of an Eighth Amendment violation and, in the alternative, are barred under the doctrine of qualified immunity. [Doc. # 169.] For the reasons discussed below, defendants' motion is GRANTED. [Doc. # 169.]

BACKGROUND

A. Factual Background³

1. During March 18-25, 1993, plaintiffs were prisoners confined to Cell Blocks E and F at the Connecticut Correctional Institution at Somers (hereafter "Somers"). [Amended Compl., Doc. # 92, ¶ 6].

2. On March 18, 1993, Warden Robert Kupec ordered that Somers be placed on lockdown status after a series of assaults against Department of Correction ("DOC") staff and other prisoners. [Doc. # 170, Phillips Affidavit; Doc. # 172, ¶ 16.]

3. The assaults leading up to the imposition of lockdown status included inmate stabbings on March 4, March 5, March 7, and March 17, 1993, as well as assaults against DOC staff on March 11, March 15, March 17, and March 18, 1993. [Doc. # 172, ¶¶ 4-15; Doc. # 173], Exhibit 14, March 1993 Monthly Report.⁴

4. The inmate on inmate assaults all involved stabbings with homemade shanks or other weapons. [Doc. # 172, ¶¶ 4, 5, 6, 11; Doc. # 173, Exhibit 14.]

5. DOC staff member assaults involved inmates kicking or hitting employees, throwing human waste on staff, and on one occasion stabbing a corrections officer with a shank. [Doc. # 172, ¶¶ 7, 8, 9, 10, 12, 13, 15; Doc. # 173, Exhibit 14.]

6. During a group disturbance on March 15, 1993, a response team recovered a five-inch stainless steel knife, a ten-inch ice-pick style shank, a seven-inch rod type shank, and three masks. A subsequent search of the cells of the inmates involved in the disturbance resulted in the discovery of a seven-inch ice-pick type shank. [Doc. # 172, ¶ 9; Doc. # 173, Exhibit 6.]

7. After an inmate was stabbed in the B Block unit on March, 17, 1993, a shakedown of the unit revealed five shanks, one of which was found outside the unit, and 20 cutter heads for barber clippers. [Doc. # 172, ¶ 11; Doc. # 173, Exhibit 8.]

8. As a result of these incidents, Somers was placed on lockdown status beginning March 18, 1993. [Doc. # 172, ¶ 16; Doc. # 173, Exhibit 14.]

9. On March 19, the Somers Correctional Emergency Response Team ("CERT") conducted a facility-wide, cell by cell inspection. The CERT inspection procedure involved removing each inmate from his cell, strip searching the inmate, and removing all inmate property from the cell. This procedure was used to effectuate a thorough search for weapons that may be concealed in the cell. [Doc. # 172, ¶ 17., Doc. # 170, ¶ 17, Affidavit of Michael Phillips.]

10. CERT members and DOC employees removed all property from each cell, except for a mattress and blanket.⁵ [Doc. # 172, ¶ 23; Doc. # 173, Exhibit 29, at 86.] Inmates were permitted to retain the clothing they were wearing at the time of the search, but no additional clothing was made available. Some inmates had access to basic personal hygiene items during the term of the lockdown, while others did not. [Doc. # 175, Exhibits 1, 2, 4, 7, 8.]

11. During the course of the facility-wide search, correctional officers and CERT members recovered 88 weapons. [Doc. # 172, ¶ 18; Doc. # 173, Exhibit 14.]

12. During the lockdown there were repeated incidents of inmates flooding their toilets and starting nuisance fires on the tiers. [Doc. # 172; Doc. # 175, Exhibit 4.]

13. At all times during the lockdown, the heating at Somers was fully operational. The heat remains on at the prison until April 15th of each year, unless extreme cold weather requires the heat to remain on later. Individual staff members have no ability to turn the heat on or off, or to adjust the temperature. The system is designed to keep the air temperature within the prison in the range of 68 to 72 degrees. [Doc. # 171, Affidavit of Clifford Jenkins.]

14. The temperature in F-block during the lockdown was approximately 65 to 70 degrees. No window in F-block was broken during the lockdown. F-block windows are constructed of ¾ inch security glass and can not be broken by objects thrown by inmates. F-block windows are on the exterior walls, separated by a distance of approximately ten feet from the cells on the interior. [Doc. # 171, Affidavit of Clifford Jenkins.]

15. The temperature in E-block during the lockdown was approximately 65 degrees, and at no time did the temperature drop below 60 degrees. The E-block temperature is generally cooler than F-block because of the heat distribution system. Inmates broke windows on E-block on March 19, 1993, as those windows were not constructed of security glass. As with F Block, the windows on E-block are on the exterior walls, separated by a distance of approximately ten feet from the cells on the interior. Broken windows were covered with plastic or cardboard as temporary repairs the same day they were broken. [Doc. # 171, Affidavit of Clifford Jenkins.]

16. Plaintiff Damon Perry stated that he thought the temperature in his cell during the lockdown was approximately 65 degrees. [Doc. # 158 at Attachment 1, 116.]

17. While the facility was on lockdown status, all meals were served to inmates in their cells. Meals during this period generally consisted of one or two donuts, milk and corn flakes or oatmeal for breakfast, and either two cheese or cold cut sandwiches and milk for lunch and dinner. [Doc. # 175, Exhibits 2, 7, 8.] There is no claim that inmates without religious dietary restrictions failed to receive any meals.

18. Inmates observing the religious holiday of Ramadan, which requires adherents to fast between sunrise and sunset, generally received at least a bagged meal before sunrise. The bag meal consisted of cold cereals, sliced bread, an occasional apple, and beverage. [Doc. # 175, Exhibits 1, 3, 6.] One plaintiff who was fasting stated that during the lockdown he ate either grilled cheese sandwiches and french fries, fish and potatoes, cheese casserole, or tuna casserole. [Doc. # 175, Exhibit 1.]

19. Two plaintiffs who were observing Ramadan submitted affidavits stating that they were not served meals during the lockdown. Plaintiff Rashad stated that he received meals late, causing him to go almost 24 hours without food, and on two occasions did not receive his bagged meal. [Doc. # 175, Exhibit 1.] Plaintiff Talib Din's Ramadan meal was confiscated on the first day of the lockdown, causing him to go 32 hours without food and resulting in severe hunger pains and mental anguish. [Doc. # 175, Exhibit 6.]

20. Plaintiffs made many complaints to correctional officers that they suffered from hunger pains and other manifestations of hunger because they did not receive enough food. [Doc. # 175, Exhibits 1, 4, 6, 7.]

21. Plaintiff Thompson lost seven pounds during the lockdown and suffered from headaches and constipation. [Doc. # 175, Exhibit 7.]

22. Plaintiff Bewry was escorted to the medical unit one evening because he was weak and dizzy from the lack of food.⁶ [Doc. # 175, Exhibit 4.]

23. There is no evidence before the court that any plaintiff suffered a serious injury due to the composition of the meals served during the lockdown.

24. No showers were permitted during the course of the lockdown.

25. With the exception of Plaintiff Branham, there is no indication that the remaining class members had less than one complete set of clothing. Branham wore a pair of long john pants and a t-shirt for the duration of the lockdown. No plaintiff had access to a change of clothing or underwear during the lockdown. [Doc. # 175, Exhibits 1, 4, 5, 7, 8.]

26. Several plaintiffs suffered from rashes due to the lack of showers or change of clothing. [Doc. # 175, Exhibits 5, 6.]

27. Medical unit employees were on duty at all times during the lockdown, and medical staff members were in the E-block and F-block units at least once each shift during this period. [Doc. # 170, Affidavit of Michael Phillips.]

28. A review of the logbooks for both units indicates that medical staff responded to numerous inmate complaints during the lockdown. [Doc. # 173, Exhibits 28, 29, A.]

29. Plaintiff Rashad had blood in his stools during the lockdown and, although he spoke with a medical staff member about that condition, he was not examined by anyone. [Doc. # 175, Exhibit 1.]

30. Plaintiff Branham requested medical treatment for a rash during this period, but was never seen by medical personnel. [Doc. # 175, Exhibit 5.]

31. Plaintiff Skeeter was not provided with medically prescribed meals for an ulcer and high cholesterol from March 19 through March 24, 1993. [Doc. # 175, Exhibit 3.]

32. Plaintiff Roberts suffered severe hunger pains and also developed a rash on his mid-section during the seven days of the lockdown. His...