Winfield v. Mazurkiewicz, Civil Action No. 11 - 584
| Decision Date | 21 September 2012 |
| Docket Number | Civil Action No. 11 - 584 |
| Parties | ANTHONY R. WINFIELD, Plaintiff, v. JOSEPH F. MAZURKIEWICZ, et al, Defendants. |
| Court | U.S. District Court — Western District of Pennsylvania |
MEMORANDUM OPINION AND ORDER
Plaintiff, Anthony R. Winfield, commenced this action pursuant to the Civil Rights Act of 1871, 42 U.S.C. § 1983 alleging that Defendants violated his rights as protected under the Eighth and Fourteenth Amendments of the United States Constitution while he was incarcerated at the State Correctional Institution at Greensburg ("SCI-Greensburg"). See ECF No. 3. Plaintiff names as Defendants: Superintendent Joseph F. Mazurkiewicz, Lieutenant Kolesar, and Corrections Officers Bunch, Phillips, and Reilly.1 Defendants have filed a Motion for Summary Judgment (ECF No. 29), a Brief in Support thereof (ECF No. 31), and a Concise Statement of Material Facts ("CSMF") (ECF No. 30). Plaintiff filed a Response in Opposition to Defendants' Motion (ECF No. 36) and a Response to Defendants' CSMF (ECF No. 37).
In their entirety, the factual allegations of the Complaint are as follows:
While during a Institutional lockdown shake down. I was assault by these three guard, Bunch, Relic, and Phillip while I was shackle, handcuff, and on the ground they kick, punch, twisted arms, legs, wrist. Hit in face with fist knees and boots twice once out in front of other prisoner and after drug to another cell out of view. I sustain multiply bruise on face, wrist, kneck with abrasion in other cuts. While the Superintendent Mr. Mazurkiewicz and the Lt. Kolesar allow these three guards to assault part of my body in cuffs, shackles, and face mask.
As noted above, Defendants submitted a CSMF (ECF No. 30) in support of their Motion for Summary Judgment to which Plaintiff responded disputing in part (ECF No. 37). However, because Plaintiff failed to cite to any evidence of record in his Response to Defendants' CSMF in violation of Local Rule 56,2 Defendants filed a Reply Brief asserting that all factual averments contained in their CSMF should be deemed admitted for purposes of summary judgment. (ECF No. 38 at ¶ 5.)
On August 21, 2012, the Court ordered Plaintiff to file a Response to Defendants' Motion for Summary Judgment and CSMF in compliance with Local Rule 56 and Federal Rule of Civil Procedure 56. (ECF No. 39.) Plaintiff was advised that if he failed to comply within the time allowed then all facts contained within Defendants' CSMF would be deemed undisputed for purposes of summary judgment. (ECF No. 39.) Plaintiff filed nothing in response.
The Third Circuit Court of Appeals has traditionally given pro se litigants "greater leeway where they have not followed the technical rules of pleading and procedure." Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993). Due to the "understandable difference in legal sophistication," a pro se litigant must be held to a less exacting standard than trained counsel. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). In the context of summary judgment, the Court of Appeals has recognized that "an inmate who is proceeding pro se, is in a decidedly difficult position from which to generate 'record evidence' on his behalf." Smith v. Mensinger, 293 F.3d 641, 646 n.4 (3d Cir. 2002) (citing Brooks v. Kyler, 204 F.3d 102, 108 n.7 (3d Cir. 2000)). However, "while pro se complaints are entitled to liberal construction, the plaintiff must still set forth facts sufficient to survive summary judgment." Ezeiruaku v. United States, No. 00-2225, 2000 U.S. Dist. LEXIS 17046, 2000 WL 1751077, at *3 (E.D. Pa. Nov. 29, 2000) (citing Shabazz v. Odum, 591 F. Supp. 1513, 1515 (M.D. Pa. 1984)). Thus, notwithstanding giving a pro se litigant every opportunity to functionally respond in some meaningful way to a summary judgment motion and the Court's liberal construction of Plaintiff's submissions as a pro se litigant, the same standards for summary judgment still apply. Agogbua v. Abington Memorial Hospital, No. 03-6897, 2005 U.S. Dist. LEXIS 43818, 2005 WL 1353612, at *3 (E.D. Pa. May 31, 2005); see also Tunnell v. Wiley, 514 F.2d 971, 976 (3d Cir. 1975) () (citing, inter alia, First National Bank of Arizona v. Cities Service Co., 391 U.S. 253 (1968); Tripoli Co., Inc. v. Wella Corp., 425 F.2d 932, (3d Cir. 1970)).
In this case, Plaintiff did not attach any exhibits to his Complaint nor did he submit any record evidence on his behalf to support his claims. In fact, Plaintiff did not so much as submitan affidavit from himself or a fellow inmate attesting to the facts contained in his Complaint. The record consists solely of the exhibits filed by Defendants in support of their Motion for Summary Judgment. Although Plaintiff filed a Response in Opposition to Defendants' Motion and a Response to their CSMF, he filed no evidentiary material and did not cite to any evidence of record to support his assertions. Furthermore, despite being given a second opportunity, Plaintiff still did not do so.
Although Plaintiff's filings are entitled to liberal construction, he still must set forth facts sufficient to survive summary judgment. However, Plaintiff's allegations and denials, unsupported by facts of record, do not create an issue of material fact sufficient to defeat a properly supported motion for summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) (citing First National Bank of Arizona, 391 U.S. at 290). Because the Court has already given Plaintiff "an opportunity to properly support or address the fact[s]" in Defendants' CSMF of which he disputes and he failed to respond accordingly, the Court will now consider Defendants' CSMF undisputed for purposes of the instant Motion. See Fed. R. Civ. P. 56(e)(1)&(2); see also Cuevas v. United States, No. 09-43J, 2010 U.S. Dist. LEXIS 42115, 2010 WL 1779690, at *1 (W.D. Pa. Apr. 29, 2010) ( ).
The Facts as they are stated in Defendants' CSMF are as follows:
On January 18, 2011, Plaintiff was removed from his cell in the Restricted Housing Unit ("RHU") at approximately 1:10 p.m. in order for the CERT team to conduct a cell search. (ECF No. 30, ¶¶ 1-3.) Corrections Officer Rhoades and Defendant Phillips were responsible for securing Plaintiff while his cell was searched. (ECF No. 30, ¶ 4.) Defendants Bunch and Reilly were also participating and Corrections Officer Richards was assigned to operate the handheld camera. (ECF No. 30, ¶ 5.) Defendants Kolesar and Mazurkiewicz were also generally present during portions of the search of FA block, although Superintendent Mazurkiewicz had no hands-on role. (ECF No. 30, ¶ 6.)
According to Defendants, Plaintiff refused numerous direct orders to stay against the wall while his cell was being searched. (ECF No. 30, ¶ 7.) At approximately 1:12 p.m., Plaintiff turned face to face with Defendant Phillips and made an aggressive move towards him with his head while stating "I'll kill you with these cuffs on." (ECF No. 30, ¶¶ 8-9.) As a result, Defendant Phillips and Officer Rhoades took Plaintiff to the ground in order to protect themselves and keep the situation from getting out of control. (ECF No. 30, ¶¶ 9, 11.) Defendants claim that Plaintiff refused at least five direct orders and was generally hostile and combative. (ECF No. 30, ¶ 10.)
Upon witnessing the situation, Defendants Bunch and Reilly went to the area and assisted Defendant Phillips and Officer Rhoades in securing Plaintiff once he was placed on the floor. (ECF No. 30, ¶ 13.) At this point, Officer Richards turned towards Plaintiff's cell and began filming.3 (ECF No. 30, ¶ 14.) Defendant Kolesar was also notified of the situation, but by the time he arrived Plaintiff was already on the floor. (ECF No. 30, ¶ 15.)
Defendants maintain that, while on the floor, Plaintiff refused numerous orders to stop resisting and he continued to be combative - kicking the officers - before being shackled. (ECF No. 30, ¶ 16; No. 37, ¶ 16.) Shackles and a spit hood were applied and Plaintiff was stood up and placed against the wall. (ECF No. 30, ¶¶ 17-18.) At approximately 1:30 p.m., Plaintiff was taken to a neighboring cell and placed on the floor at which time the shackles were removed. (ECF No. 30; ¶ 20-21.) He was then stood up and the officers exited the cell, secured the door, and removed Plaintiff's handcuffs. (ECF No. 30, ¶ 21.)
Nurse Bush assessed Plaintiff at his cell and observed that he had red marks on his wrists that were caused by his pulling against the handcuffs. (ECF No. 30, ¶¶ 23-24.) Nurse Bush also observed that Plaintiff had a small superficial abrasion on his right thumb, approximately 1 cm in diameter, but that it did not exhibit any bleeding or drainage. (ECF No. 30, ¶ 25.) Plaintiff told the nurse that he felt as if he scratched both sides of his face, but no scratches or red marks were observed. (ECF No. 30, ¶ 26.) Pictures were taken and Officer Richards continued filming until after Plaintiff was seen by Nurse Bush and secured in his cell. (ECF No. 30, ¶¶ 27-28.) Later that same day, Nurse Robinson was called to the RHU because Plaintiff was complaining of a bump on the side of his face. (ECF No. 30, ¶ 29.) She examined him at approximately 4:40 p.m. and observed that ...
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