Williams v. Norris
| Decision Date | 14 June 2010 |
| Docket Number | Case No. 5:05CV00048JMM/HLJ. |
| Citation | 721 F.Supp.2d 824 |
| Parties | David WILLIAMS, Plaintiff v. Larry NORRIS, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Arkansas |
OPINION TEXT STARTS HERE
Michael S. Moore, Friday, Eldredge & Clark, LLP, Little Rock, AR, for Plaintiff.
The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, the transcript of the hearing held on February 2-4, 2010 and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety.
The Court is not persuaded by the parties' objections regarding liability of the Defendants. However, Defendants make cogent arguments that Judge Jones erred by recommending nominal damages be awarded to Mr. Williams against the Defendants in the amount of $1 per day that Mr. Williams spent in administrative segregation (“AS”). Defendants argue that the $1 per day award is an end-run around the Prison Litigation Reform Act's prohibition against compensatory damages in the absence of physical injury; and the Defendants should not be liable for the days Mr. Williams was held in AS in the Utah prison.
The Prison Litigation Reform Act, specifically 42 U.S.C. § 1997e(e), requires that a prisoner prove a physical injury in order to receive compensatory damages. Judge Jones found that Mr. Williams had failed to prove he suffered a physical injury as a result of the 13 years he spent in AS. However, Judge Jones found that the Defendants violated Williams' due process right when they failed to provide Williams with meaningful reviews of his AS status. Citing this Court's determination of nominal damages in Fegans v. Norris, 4:03CV00172 (August 25, 2006) and the Eighth Circuit's opinion affirming the award, Judge Jones recommended that the Court award Williams nominal damages in the form of $1 per day of his AS status. While the law is not entirely clear as to whether nominal damages of $1 per violation or $1 total is the correct calculation of nominal damages in prisoner cases, the Court again adopts the view that nominal damages may be based on a per violation basis. See Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir.2004).
Williams testified that he was incarcerated in AS for a total of 4,846 days. According to the Defendants' objections, this time period included a three year period when Williams was transferred to the Utah prison system. Defendants are correct. However, the total number of days spent in AS at the ADC was not introduced into evidence by the Defendants. Regardless, the Court finds that $1 per day for a total of 4,846 total days spent in AS is a reasonable figure. If the Court were to estimate that Williams spent 1274 days in the Utah prison system in AS (January 1, 1996 through June 28, 1999), the nominal damage award of $4,846 would still be reasonable at $1.36 per day. See Fegans v. Norris, 537 F.3d 897, 908 (8th Cir.2008)(“an award of $1.44 for each constitutional violation is a sufficient nominal damage award....”)
IT IS, THEREFORE, ORDERED that plaintiff shall have judgment against defendants Harmon, Moncrief, James, Evans, and Harris, and shall be awarded nominal damages in the amount of $4,846.00.
IT IS FURTHER ORDERED that plaintiff's claims against defendant Hobbs are hereby DISMISSED.
An appropriate Judgment shall accompany this Order.
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
The following recommended disposition has been sent to United States District Court Judge James M. Moody. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and “Statement of Necessity” to:
Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325
A trial was held before the Court in this matter on February 2-4, 2010. Following submissions of testimony and evidence, the parties filed post-trial briefs (DE 324-326). Having considered the file, the evidence and testimony presented, and the post-trial briefs, the Court now renders the following Findings and Recommendations.
Plaintiff is a state inmate incarcerated at the Varner Super Max Unit (VSM) of the Arkansas Department of Correction (ADC). He filed this action against defendants in February, 2005, alleging violations of his due process and equal protection rights with respect to his continuous incarceration in administrative segregation since 1999. By Order and Judgment dated August 22, 2006 (DE 207, 208), this Court granted defendants' motion for summary judgment, and dismissed plaintiff's complaint. On appeal, the Eighth Circuit Court of Appeals affirmed the Court's decision on plaintiff's equal protection claim, and reversed with respect to its decision on the due process claim (DE # 234). Specifically, the Court held, “there remains an unresolved fact issue on this record as to whether Williams actually received meaningful reviews (of his administrative segregation status), rather than sham reviews, as he contends.” On remand, the Court scheduled this case for a hearing to determine the meaningfulness of plaintiff's reviews. In addition, by Order dated January 6, 2009, 2009 WL 50494 (DE # 263), the Court granted the motion for partial summary judgment with respect to plaintiff's allegations against defendants Norris and Brewer, and dismissed those defendants from this action.
A Court trial began on April 6, 2009. After hearing testimony from three witnesses, the Court held the case in abeyance for the purposes of appointing counsel to represent plaintiff, and to address the issue of the absence of one of plaintiff's requested witnesses. Counsel was then appointed to represent plaintiff on April 29, 2009, and the trial was conducted on February 2-4, 2010.
Plaintiff was initially incarcerated in the ADC in 1981 for murder. In 1982, he was convicted of murdering a fellow inmate, and thereafter served thirty days in punitive segregation and one and one-half years in administrative segregation (AS). In July 1983, plaintiff was released to general population (GP) at the Tucker Maximum Security Unit (MSU). In 1995, plaintiff was injured in an attack by another inmate, and was thereafter assigned to AS for his own safety. He was transferred to the Utah State Prison system in 1996 pursuant to an interstate compact agreement due to a lack of available bed space, and returned to the ADC in June 1999. Upon his return, he was housed in AS at MSU under defendant Harmon until defendant Harmon was replaced by defendant Evans in October 2002. Defendant James also served as assistant warden during this time. Plaintiff was transferred to the VSM Unit in September 2003 under the supervision of Warden Rick Toney. Toney was replaced by defendant Harris in February 2004, who supervised plaintiff until June 2006. During most of plaintiff's time at VSM, defendant Moncrief served as the assistant warden. Plaintiff was then transferred to the East Arkansas Regional Unit (EARU) in June 2006, where Warden Harmon supervised him until January 2008. At that time, plaintiff was transferred back to the VSM Unit, where he continues to be incarcerated. From the time of his return to Arkansas in June 1999, until March 2009, plaintiff was housed in the AS areas of those Units. Defendant Hobbs was an assistant deputy director of the ADC during much of this time, and became acting director of the ADC in January 2010.
Administrative Directive (AD) 96:08, effective July 19, 1995, AD 01-11, effective April 30, 2001, and AD 01-11, effective December 29, 2006 (Plaintiff's Exhibits 1, 2, 11) were policies in place during plaintiff's incarceration in AS. According to these policies, an inmate is placed in AS The policies provide that an inmate receives written notice of a classification hearing, and is permitted to appear at the hearing to make statements and present evidence and testimony. The committee then recommends, by a majority vote,...
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