White v. Crow Ghost

• Decision Date: 11 October 2006
• Docket Number: No. 1:05-cv-42.,1:05-cv-42.
• Citation: 456 F.Supp.2d 1096
• Parties: Richard WHITE, Plaintiff, v. Michael CROW GHOST, Ben Half, Gary Sandland, Douglas Wilkinson, and Mike Yellow, Defendants.
• Court: U.S. District Court — District of North Dakota

456 F.Supp.2d 1096

Richard WHITE, Plaintiff, v. Michael CROW GHOST, Ben Half, Gary Sandland, Douglas Wilkinson, and Mike Yellow, Defendants.

No. 1:05-cv-42.

United States District Court, D. North Dakota, Southwestern Division.

October 11, 2006.

COPYRIGHT MATERIAL OMITTED

§ Ralph A. Vinje, Vinje Law Firm, Bismarck, ND, for Plaintiff.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion for Summary Judgment filed on July 13, 2006, and Plaintiffs Motion to Extend Deadline filed on August 23, 2006. For the following reasons the Defendants' Motion for Summary Judgment is granted.

I. BACKGROUND

From March 6, 2002 — March 29, 2002, the plaintiff, Richard White (White), was incarcerated in a tribal jail in Fort Yates operated by the Bureau of Indian Affairs. See Docket No. 36-1. During that time, defendant Michael Crow Feather (who is misnamed in the caption as Michael Crow Ghost), Ben Halfe (who is misnamed in the caption as Ben Half), Douglas Wilkinson, and Mike Yellow were BIA officers, and defendant Gary Sandland was a tribal employee at the jail facility. See Docket No. 42. White alleges that the defendants violated his constitutional rights by (1) failing to provide adequate medical care, (2) housing him in unsanitary conditions, and (3) delaying or preventing bond hearings.

On March 6, 2002, White was arrested and held in custody at the BIA Standing Rock Agency's Fort Yates Detention Center in Fort Yates, North Dakota. White contends that he requested bond and was told that his bond would be set at a future court appearance. White also requested a phone call and alleges in his complaint that the request was denied. See Docket No. 36-1. However, White states in an affidavit that he did call his mother the evening of March 6, 2002. See Docket No. 47-7. White also contends that he requested food and medical attention because he felt depressed and suicidal but neither were provided at the jail.

On March 7, 2002, White alleges that his requests for phone palls were denied and that he did not receive a bond hearing. See Docket No. 36-1. The Cell Check Log reveals that White was allowed to place telephone calls to his lawyer and daughter. See Docket No. 43-17. Between March 8 2002, — March 11, 2002, White alleges that his repeated requests to see a physician were denied and he remained depressed. On March 12, 2002, White acknowledges that he was provided a bond hearing and was represented by counsel. See Docket No. 36-1. The Cell Check Log reveals that White was permitted to call a bondsman on March 12, 2002. See Docket No. 43-15.

Between March 13, 2002 — March 19, 2002, White sent out several bond reduction forms but received no response. White, contends that his repeated requests to see a physician were denied. See Docket No. 36-1. During this time period, the Cell Check Log reveals that White was allowed to place several phone calls, including a call his attorney. See Docket No. 43-12.

Between March 20, 2002 — March 25, 2002, White apparently ate little or nothing. Although he alleges several requests were made to see a physician, no medical attention was provided, nor did he receive a response to his repeated requests for a bond reduction. See Docket No. 36-1. The Cell Check Log reveals that White was permitted to make one phone call. See Docket No. 42. According to the Log, during this time period White used a razor to cut off half of his hair, stuffed soiled toilet paper into the lock on his cell door, and made a small cut on his wrist with his teeth. See Docket No. 43-11; Docket No. 43-9.

On March 23, 2002, the Cell Check Log indicates that White had a minor cut on his wrist with some dried blood. When asked how that occurred, White indicated that he "did it with his teeth" and laughed. On March 25, 2002, White alleges that he requested to speak to someone at Indian Health Services (IHS) in Fort Yates. He was permitted to place two telephone calls to IHS. It was noted that when asked why he was not eating, White advised officials that he was fasting and praying. White spoke with Diane Gates at IHS on two occasions during the afternoon of March 25, 2002. He advised officials that by tomorrow (March 26) he was going to cut his wrists. Later that afternoon, the jailer discovered scratches on White's wrists and the scratches were cleaned and bandaged. The record reveals that White attempted to cut his wrists with a phone card.

On March 25, 2002, at approximately 4:00 p.m., White was moved to a cell where there were cameras to monitor him because of the suicide gesture. See Docket No. 43-9. White alleges that the cell was dirty and had human feces and urine stains on the floor. See Docket No. 36-1. White also complained of being cold. The jailer allegedly refused to provide White with a blanket and told him to go to sleep. Thereafter, it is alleged that White used his coveralls and tried to hang himself. The jailers apparently discovered White in the midst of a suicide attempt, stopped him, and stripped him to his underwear.

On March 26, 2002, at approximately 2:15 a.m. (two and half hours after White was stripped to his underwear), White was moved to a different cell and was provided with a mattress and blanket. See Docket No. 43-21; Docket No. 36-1. According to White, the new cell had food and feces on the floor and walls, and the cell was dirty. See Docket No. 36-1. White alleges that on March 26, 2002, he was taken to IHS where a social worker told him that he would be taken to a psychiatric unit in Bismarck as soon as a unit was available. The jailer also took White to see a physician where White's wrist injury was cleaned and bandaged. The physician in Fort Yates prescribed and issued an antidepressant (Zoloft) and an inhaler for White. See Docket No. 47-2. White alleges that he was not given these medications. However, the Cell Check Log reveals that White was issued medications on March 26th. See Docket No. 43-7.

In his complaint, White alleges that on March 27, 2002, he neither received medication nor food. See Docket No. 36-1. However, in his journal entry for that day, White noted that he was issued his medications and was also given a sandwich to eat at noon. See Docket No. 47-2. The Cell Check Log reveals that White was issued medications on March 27, 2002, at approximately 7:00 a.m. See Docket No. 43-6.

White contends that he requested cleaning supplies on March 28, 2002, to clean his cell but the request was denied. See Docket No. 36-1. On that date, White notified the jailer of a red streak running up his arm, and he was taken to see a physician in Fort Yates. White was given a penicillin shot and the physician cleaned the wound. White was also issued medications that day. On March 29, 2002, White was again issued his medications and was moved to an isolation cell as space was needed for a large number of incoming detainees. On that same date, White was transported to Bismarck and placed in federal custody.

II. STANDARD OF REVIEW

It is well-established that summary judgment is appropriate when the evidence, viewed in a light most favorable to the non-moving party, demonstrates that there, is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Clark v. Kellogg Co., 205 F.3d 1079, 1082 (8th Cir.2000). A fact is "material" if it might effect the outcome of the case and a factual dispute is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The basic inquiry for purposes of summary judgment is whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Quick v. Donaldson Co., Inc., 90 F.3d 1372, 1376 (8th Cir.1996). The moving party has the initial burden of demonstrating to the Court that there are no genuine issues of material fact. If the moving party has met this burden, the non-moving party cannot simply rest on the mere denials or allegations in the pleadings. Instead, the non-moving party must set forth specific facts showing that there are genuine issues for trial. Fed. R.Civ.P. 56(e); Krein v. DBA Corp., 327 F.3d 723, 726 (8th Cir.2003). A mere trace of evidence supporting the non-movant's position is insufficient. A non-movant must present more than a scintilla of evidence and must present specific facts to create a genuine issue of material fact for trial. F.D.I.C. v. Bell, 106 F.3d 258, 263 (8th Cir.1997). The facts must generate evidence from which a jury could reasonably find for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III. LEGAL DISCUSSION

A. BIVENS AND SECTION 1983 CLAIMS

It is well-established that state officials acting in their individual capacities are amenable to suit under 42 U.S.C. § 1983. Hafer v. Melo, 502 U.S. 21, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991). An action under Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), is the federal analog to actions brought against state officials under 42 U.S.C. § 1983. See Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999).

The United States Supreme Court has held that "government officials are entitled to some form of immunity from suits for damages." Harlow v. Fitzgerald, 457 U.S. 800, 806, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The doctrine of qualified immunity shields government officials from suit under both 42 U.S.C. § 1983 and Bivens if the officers acted reasonably and in a manner that did not violate clearly established law. Anderson v. Creighton, 483 U.S. 635, 638, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); see Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150...