Washington v. Crum
| Docket Number | Civil Action 19-1460 |
| Decision Date | 16 March 2022 |
| Parties | JEROME JUNIOR WASHINGTON, Plaintiff, v. CAPTAIN CRUM, LT. TROUT, U.M. LACKEY, MAJOR BAZUS, CERT TEAM JOHN DOES 1 TO 12, Defendants. |
| Court | U.S. District Court — Western District of Pennsylvania |
This action arises under 42 U.S.C. § 1983 and was initiated by pro se plaintiff Jerome Junior Washington (“Washington” or “plaintiff”). Washington, who is presently incarcerated at the State Correctional Institution at Rockview (“SCI Rockview”) (ECF No. 72-1), was previously incarcerated at the State Correctional Institution at Greene (“SCI Greene”). He alleges that the defendants Crum, Trout Lackey, and Bazus[1] (collectively “named defendants”), who were employed by SCI Greene at all times relevant to this case, violated his rights guaranteed by the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.
Currently pending before the court is a partial motion for judgment on the pleadings (ECF No. 36) filed pursuant to Federal Rule of Civil Procedure 12(c) by the named defendants. The motion seeks judgment on all claims asserted against the named defendants, except for the Eight Amendment claims, which were asserted against Trout. The motion was referred to a United States Magistrate Judge in accordance with the Magistrate Judges Act 28 U.S.C. § 636(b)(1), and Rule 72 of the Local Rules for Magistrate Judges. The magistrate judge in a Report and Recommendation (“R&R”) recommended that the court grant the partial motion for judgment on the pleadings and enter judgment in favor of Crum, Lackey, and Bazus on all claims asserted against them and in favor of Trout with respect to the § 1983 claims asserted against him in his official capacity and the § 1983 claims asserted against him based upon alleged violations of Washington's rights guaranteed by the First, Fifth, and Fourteenth Amendments. Washington's timely objections to the R&R are now before this court.
As set forth in this opinion, Washington's objections are overruled and the R&R will be adopted in part and rejected in part. The partial motion for judgment on the pleadings will be: (1) granted to the extent some claims are dismissed with prejudice and some claims are dismissed without prejudice; and (2) denied with respect to the Fourteenth Amendment claim based upon violations of the Eighth Amendment because it is subsumed into the Eighth Amendment claim.
On April 9, 2021, the named defendants filed a motion for judgment on the pleadings with respect to all claims except for Washington's claim based upon violations of the Eighth Amendment (excessive force) asserted against Trout and a brief in support of the motion. (ECF Nos. 36, 37.) On July 13, 2021, Washington filed a response in opposition to the motion. (ECF No. 60.) The motion for judgment on the pleadings was referred to the magistrate judge.
On December 13, 2021, the magistrate judge filed a R&R in which she recommended the court: (1) grant the partial motion for judgment on the pleadings; (2) enter judgment on all claims against Crum, Lackey, and Bazus because no claims remain against them if the court grants the partial motion for judgment on the pleadings; and (3) enter judgment in favor of Trout on the claims asserted against him in his official capacity and the § 1983 claims asserted against him in his individual capacity based upon the violations of Washington's rights guaranteed by the First, Fifth, and Fourteenth Amendments. The magistrate judge explained that the parties had 14 days to file written objections to the R&R.
On January 24, 2022, Washington filed objections to the R&R. (ECF No. 69.) On February 23, 2022, the named defendants filed a response in opposition to the objections. (ECF No. 71.) On February 25, 2022, Washington filed a supplement to his objections. (ECF No. 72.) Washington's objections to the R&R are now ripe for disposition by the court.
Washington alleges that at all time relevant to the complaint: Washington was a prisoner at SCI Greene; Crum was a captain at SCI Greene; Trout was a lieutenant at SCI Greene; Lackey was a unit manager at SCI Greene; Bazus was a major at SCI Greene; and the “CERT Team John Does 1 to 12” were correctional officials on the “security CERT team” at SCI Greene. (ECF No. 23 at 7.)
On January 11, 2019, an event occurred after which Washington was led from “group” to GB10 cell. (ECF No. 23 at 2.) While inside the GB10 cell, Washington “took the wicket hostage to get revenge for the wrong…that got group [cancelled]….” (Id.) Washington threw feces to hit his target. (Id.)
Trout and “CERT” arrived at Washington's GB10 cell and escorted him to the “strip cage.” (Id. at 2.) Washington was stripped of his clothes and escorted back to the “GB unit.” (Id.) Washington was shoved “roughly” as “CERT” tightened his handcuffs and Trout ordered CERT to place Washington in the “Accountability GB 2 cell.” (Id.) While Washington was being “roughed up by CERT[, ]” he jumped into the air, kicked off the wall, and glided “smoothly to the shield-man[, ]” at which point he was tackled by a second official. (Id.) Washington, the “shield-man[, ]” and the second official fell to the ground. (Id.) One of the “officials” pulled Washington's dreadlock out of his head and tried to “[choke] him out.” (Id. at 3.) Another “official” put Washington's legs in an “X” and pushed his weight down. (Id.)
While Washington was handcuffed and shackled, “CERT” brutally beat him. (Id.) Washington was placed in a restraint chair “really tight[, ]” and pushed to the “strip cage room” where he sat for hours. (Id.) Washington heard Trout tell a “CERT' member who was tackled “by his own” to “stay on the ground[.]” (Id. at 3.) The “CERT” member was placed on a stretcher and pretended to be injured. (Id.)
After a “CERT” member removed a top restraint from Washington, his head was pulled roughly in between his legs, his handcuffs were tightened, and he was “roughly pushed to…[his] feet with the leg restraints to the chair.” (Id.) According to Washington, “CERT' did not know how to use the restraints. (Id.) Washington was placed down onto a sheet, and “CERT” pushed his head to the ground as “hard as CERT could[, ]” while another “CERT” officer placed his knee on Washington's shoulder and poked him roughly with a taser. (Id.)
A “CERT” official used a “sharp object like a knife” to cut off Washington's clothes and “intentionally cut…[Washington] numerous times on…[his] legs, arms, and back.” (Id.) A nurse took pictures of the cut, which was “very deep” and bleeding. (Id.) Washington was placed in “GB 2…Accountability cell with no bed[, ] toilet[, ] [or] water” from January 11, 2019, to January 15, 2019. (Id. at 3.) According to Washington, the “Prison Officials/CERT Team…did not try as hard as they should have…to prevent or stop the assault.” (Id. at 4.)
Washington submitted two grievances at SCI Greene. (ECF No. 23 at 4.) Washington did not receive responses to those grievances. (Id.)
In this case, Washington refers to the alleged facts described above and asserts claims arising under § 1983 based upon violations of his rights guaranteed by the First Amendment (access to the courts), Fifth Amendment (due process), Eighth Amendment (excessive force), and Fourteenth Amendment (due process). (ECF No. 23 at 1-2.)
Washington requests, among other things in his complaint, relief from all defendants in their official and personal capacities, including $1, 000, 000.00 against each defendant in compensatory damages, $1, 000, 000.00 against each defendant in punitive damages, a declaration that the acts complained of violated Washington's rights, an injunction ordering the defendants to “stop[, ]” and attorneys' fees. (ECF No. 23 at 6.)
On January 11, 2019, Washington was involved in an incident on “GB Housing Unit.” (ECF No. 35 ¶ 5-2.) Trout and “CERT” went to “GB10” and escorted Washington to the “strip cage.” (Id. ¶¶ 5-4, 5-5.) Washington attempted to break free from the control of the corrections officer and initiated physical contact with the corrections staff. (Id. ¶ 5-9.)
According to defendants, “any force used against…[Washington] on January 11, 2019, was reasonably necessary to meet the force presented by…[Washington].” (ECF No. 35 ¶¶ 14-20.)
At all times relevant to the allegations in the complaint: Washington was a prisoner at SCI Greene; Crum was a captain at SCI Greene; Trout was a lieutenant at SCI Greene; Lackey was a unit manager at SCI Greene; and Bazus was a major at SCI Greene. (ECF No. 35 ¶¶ 38-42.)
The named defendants assert 13 affirmative defenses. (Id. at 8-10.)
Pursuant to 28 U.S.C. § 636(b)(1)(C), this court must make a de novo determination of those portions of the R&R to which objections were made. The court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The court may also recommit the matter to the magistrate judge with instructions.
The Federal Rules of Civil Procedure provide that “[a]fter the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings.” Fed.R.Civ.P. 12(c). A party may use a motion for judgment on the pleadings under Rule 12(c) “as a vehicle for raising several of the defenses enumerated in Rule 12(b) after the close of the pleadings[, ]” e.g., lack of subject-matter jurisdiction (Rule 12(b)(1)) and...
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