Welters v. Minn. Dep't of Corr.
| Decision Date | 25 October 2021 |
| Docket Number | A20-1481 |
| Parties | Christopher WELTERS, Appellant, v. MINNESOTA DEPARTMENT OF CORRECTIONS, et al., Respondents. |
| Court | Minnesota Court of Appeals |
Zorislav R. Leyderman, Minneapolis, Minnesota (for appellant)
Keith Ellison, Attorney General, Kathryn L. Landrum, Michael Goodwin, Assistant Attorney Generals, St. Paul, Minnesota (for respondents)
Considered and decided by Hooten, Presiding Judge; Smith, Tracy M., Judge; and Smith, John, Judge.*
Appellant Christopher Welters challenges the summary judgment dismissal of his claims against respondents, the Minnesota Department and Commissioner of Corrections (DOC) and two corrections officers, for personal injuries suffered during his incarceration. Welters asserts that the district court erred by (1) dismissing his Eighth Amendment claims; (2) dismissing his negligence claims as barred by official immunity and for lack of causation evidence; and (3) dismissing his First Amendment retaliation claim for lack of causation evidence. We affirm in part, reverse in part, and remand.
The mechanical restraint during Welters’ medical transport and procedure
On July 31, 2017, Welters, who is incarcerated at Minnesota Correctional Facility-Stillwater (MCF-Stillwater), was scheduled for a medical procedure at Minnesota Correctional Facility-Oak Park Heights (MCF-OPH). Around 12:15 p.m. that day, Welters was escorted to the security center inside MCF-Stillwater to prepare for his medical transport. Respondent Officer Ernest Rhoney then placed Welters in full restraints, which included handcuffs with a handcuff cover—known as a black box, a waist chain, and leg irons. Welters, in his deposition, testified that Officer Rhoney "did not know what he was doing" because he "had to mess with the transport chains three or four different times" and "put them on backwards." According to Welters, Officer Rhoney told him, "[I haven't] done this for a while, so forgive [me]." Welters testified that Officer Rhoney did not test the handcuffs for tightness. Welters also testified that he noticed that his handcuffs were "snug" and "tighter than usual," but he did not tell Officer Rhoney that at that time.
A short time later, Officer Rhoney and Sergeant Michael Wildung escorted Welters and another inmate (Inmate 1) from the security center to a transport vehicle, where respondent Officer Cornelius Emily, of MCF-Stillwater, was already waiting. According to Welters, as he was walking to the transport vehicle from the security center, he told Officer Rhoney that his handcuffs were "pretty tight," but Officer Rhoney responded, "Oh, it's only a 15-minute drive, it'll be all right."
According to Welters, he heard his handcuffs click as he was getting into the vehicle and realized that they were not double-locked, meaning that they could continue to tighten. Welters testified that he told Officer Rhoney that his handcuffs were not locked, so Officer Rhoney "grabbed one of the handcuffs and pushed down on it and it clicked." Welters testified that Officer Rhoney then told him that he was correct. Welters stated that Officer Rhoney's actions made the right handcuff even tighter, and he asked Officer Rhoney if they should fix the handcuffs before they left, but Officer Rhoney responded, "It's only a 15-minute drive." However, during his deposition, Officer Rhoney disputed Welters’ allegations and testified that he checked the tightness of the handcuffs when he double-locked them.
Once they arrived at MCF-OPH, Welters and Inmate 1 were placed in a large medical holding cell. According to Welters, his handcuffs were not removed, his wrists were not feeling very good, and his hands became cold. Welters also testified that after he noticed that inmates in other holding cells were not handcuffed or restrained, he and Inmate 1 asked an MCF-OPH officer (Officer 1) who was walking by why their restraints had not been removed. Officer 1 responded that he was not from MCF-Stillwater and could not help them. Later, while still in the holding cell, Welters and Inmate 1 asked Officer Emily why their restraints had not been removed. Welters testified that he told Officer Emily that his "hands were numb" and he "wanted to get [the] restraints off," but Officer Emily stated that he needed "to go find his partners" and left.
Welters testified that less than an hour later, another MCF-OPH officer (Officer 2) escorted him to medical intake. Welters stated that he asked Officer 2 to remove or loosen his handcuffs, but Officer 2 said that he would have to get an MCF-Stillwater officer to do that. Welters testified that he was then taken to a nurse who asked Officer 2 why Welters was still in restraints and Officer 2 responded that he was currently looking for the MCF-Stillwater officers. Welters testified that he told the nurse that he could not feel his hands, and the nurse responded that the MCF-Stillwater officers should be removing his handcuffs soon. Welters stated that when he was subsequently wheeled into the operating room, one of the medical staff asked why he was still in restraints, and Officer 1, who was also in the operating room at that time, responded that they were still looking for the MCF-Stillwater officers to remove them.
According to Welters, while lying on the gurney, he was asked to turn on his left side with his full restraints still on. Welters testified that he asked the anesthesiologist if they were going to do the procedure with his restraints on, and the anesthesiologist responded, "[t]hey should be removing them soon." Welters was then placed under anesthesia for the medical procedure with his restraints still in place.
When Welters awoke, he was still in full restraints, and he testified that he could not feel his hands and that they were "light bluish" in color. Officer Emily, accompanied by another MCF-Stillwater officer (Officer 3), entered the medical room to help Welters prepare for his transport back to MCF-Stillwater. Welters testified that he told these officers that he could not feel his hands. Welters also told Officer 3 that his restraints had been on since he had left MCF-Stillwater earlier that day and asked him to remove them, but Officer 3 said they were leaving. Welters testified that he was then placed into a holding cell with another prisoner from MCF-Stillwater who was not in restraints.
According to Welters, approximately 3.5 hours after departing MCF-Stillwater, he returned, and his restraints were removed. He was then escorted to the medical area, where he was examined and released to his living unit. Welters testified that, at that point, his hands were numb and had started to tingle, and his wrists were red to the point where "you could see where the cuffs were on them."
Welters claimed he woke up the next morning with intense and sharp pain in his palms. That day, he submitted a complaint to MCF-Stillwater alleging that his hands and wrists were injured by the conduct of Officer Rhoney, Officer Emily, and Sergeant Wildung. Welters testified that by August 2, 2017, two days after his procedure, his wrists were visibly bruised.
MCF-Stillwater Captain Bryon Matthews investigated Welters’ allegations and responded on August 24, 2017, as follows:
Welters testified that the intense pain in his palms lasted approximately one year, and he developed carpal tunnel syndrome in both of his wrists due to being handcuffed. He testified that, because of his injuries, he experienced dysfunction in his hands and was unable to continue hobbies. He also testified that he was prescribed steroid injections, but they did not provide any relief. He subsequently had carpal tunnel release surgery on both wrists. A neurologist confirmed nerve damage in both of his wrists, and an orthopedic surgeon opined that the injury was likely a result from being handcuffed.
DOC restraint policy
The transportation and use of restraints on inmates, for purposes of medical transports and procedures at other locations, are governed by DOC policy. As part of discovery in this case, the DOC produced policies that were in effect on July 31, 2017. DOC policy 301.096 directs DOC officers to transport offenders "to the medical provider facility in full restraints." This policy also contains a separate section dealing with medical transports to MCF-OPH. That section provides that transporting MCF staff must make sure that "all offenders [are] in full restraints at all times during movement." This section defines "full restraints" as the use of a "waist chain, black box (with padlock), handcuffs (double-locked), and leg irons (double-locked)." This policy states that upon arrival at the provider facility, "restraint levels may be modified at the discretion of the [corrections officer]."
This policy also provides that, during the actual medical appointment, offenders "must be in...
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Welters v. Minn. Dep't of Corr.
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