JACKSON L. KISER, Senior District Judge.
Demand L. Jones, a Virginia inmate proceeding
C/O Woodard escorted Plaintiff to his cell on October 30, 2015, after Plaintiff chastised C/O Woodard for talking about another inmate. When they arrived at the cell door, C/O Woodard told Plaintiff to enter the cell and kneel down, and Plaintiff complied. Per normal procedure, Plaintiff next put his cuffed hands through the tray slot for the handcuffs to be removed. Although his hands were already in the tray slot, C/O Woodard aggressively and unnecessarily pulled the handcuff tether, causing Jones immense pain. C/O Woodard then announced, "Put your hands on the tray slot," to cover up his pulling of the tether. After a minute or two, Plaintiff cried out in pain because his hands had been rubbing against a sharp steel edge inside the slot. Plaintiff asked C/O Woodard to stop inflicting pain. Nevertheless, C/O Woodard continued to pull at the tether for two more minutes, and Plaintiff experienced continued pain as the steel edge cut into Plaintiff's arm. C/O Woodard then stopped, removed the handcuffs, and told Plaintiff that he should mind his business and not chastise officers. Besides experiencing immense pain, Plaintiff's hands, wrists, and arms were swollen and bloody, and he could not move his right wrist. A nurse later diagnosed a high wrist sprain.
Defendants dispute Plaintiff's allegations, explaining that the escort was unremarkable. Once Plaintiff was inside the cell, C/O Woodard told Plaintiff to put his cuffed hands on the tray slot, but Plaintiff refused. C/O Woodard repeated the order, Plaintiff complied, and C/O Woodard removed the restraints without the use of force. Shortly after, Plaintiff complained that his arms had been injured during the handcuff removal. An officeichecked Plaintiff's arms for injury and found none but called for a nurse, anyway. The nurse noted that Plaintiff's arms had abrasions, but no bleeding or other red areas. The responding officer reported on his internal incident report that Plaintiff appeared to have scratched his forearms between the officer's first visit and the nurse's examination.
Plaintiff filed a Level I Grievance about C/O Woodard's actions. After investigation of rapid-eye video, staff incident reports, and medical records, Plaintiff's claims were considered to be unfounded. On appeal, Warden Fleming upheld the unfounded decision of the Level I Grievance Response.
Plaintiff presents two claims. First, C/O Woodard violated the Eighth Amendment by maliciously and sadistically inflicting pain. Second, Warden Fleming is liable for "encouraging" Woodard's constitutional violation. Defendants have filed a motion for summary judgment, supported by affidavits from C/O Woodard and Warden Fleming.
Federal Rule of Civil Procedure 56(a) provides that a court should grant summary judgment "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." "As to materiality . . . [o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment."
A court must grant a motion for summary judgment if, after adequate time for discovery, the nonmoving party fails to make a showing "sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial."
"The doctrine of qualified immunity protects government officials `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'"
Plaintiff first asserts that C/O Woodard violated the Eighth Amendment's Cruel and Unusual Punishments Clause by using excessive force while removing the handcuffs on October 30, 2015. The Eighth Amendment's prohibition on cruel and unusual punishment forbids the malicious and sadistic infliction of pain on prisoners.
"It is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause, whether that conduct occurs in connection with establishing conditions of confinement, supplying medical needs, or restoring official control over a tumultuous cellblock."
All of the
For the third factor, Plaintiff states that C/0 Woodard caused multiple injuries, including: a sprain or torn ligament in his wrist area, immobility in his right wrist, and red swelling and bleeding in his hands, wrists, and arms. He also generally alleges that C/O Woodard's actions caused him severe pain, suffering, and humiliation. The record belies Plaintiff's allegations of severe physical injuries: Plaintiff's medical records and color photographs show that Plaintiff's arms had small abrasions, but no bleeding or red areas. Further, the attending nurse noted that Plaintiff had "good" range of movement in both arms, hands, and wrists. However, although Plaintiff fails to show that he suffered significant injury, even minor injuries and pain implicate the Eighth Amendment when unnecessarily and wantonly inflicted.
Drawing all disputed facts and reasonable inferences in favor of the Plaintiff, Plaintiff has demonstrated a genuine dispute of material facts as to whether C/O Woodard used excessive force. Therefore, I deny the motion for summary judgment as to C/O Woodard.
In his second claim, Plaintiff generally asserts that Warden Fleming was deliberately indifferent to C/O Woodard's unconstitutional actions when the warden witnessed, failed to correct, and encouraged the officer's misconduct. Plaintiff's first alleges that Warden Fleming "witnessed" and was personally involved in C/O Woodard's actions. Plaintiff has not proffered any factual support for his claim.
In order to set forth a claim for supervisory liability under § 1983, a plaintiff must show:
Plaintiff fails to establish supervisory liability because Plaintiff's repeated general declarations of Warden Fleming's negligence cannot support a claim under the Eighth Amendment's Cruel and Unusual Punishments Clause.
Plaintiff also argues that Warden Fleming failed to properly supervise his subordinates. However, Warden Fleming cannot be liable merely for the conduct of his subordinates because
For the foregoing reasons, Defendants' motion for summary judgment is denied in part as to C/O Woodard and it is granted in part as to Warden Fleming. The Clerk shall set this matter for a jury trial in the Big Stone Gap Division and transfer the case to the docket of the Honorable James P. Jones, United States District Judge.