Matthews v. Copeland
Matthews v. Copeland
Opinion of the Court
George Matthews alleges that his Eighth Amendment right to be free from cruel and unusual punishment was violated when he was shackled too tightly while being transported from the Bledsoe County, Tennessee Correctional Complex to the Lois M. DeBerry Special Needs Facility in Nashville. The Magistrate Judge has entered a Report and Recommendation (Doc. No. 79) that recommends the Motion for Summary Judgment (Doc. No. 62) filed by Brandon Copeland and Ronald McBay be granted.
Matthews has filed objections to the R & R in the form of a "Motion in Opposition to Report and Recommendation" (Doc. No. 80). After reviewing the matter de novo as required by Rule 72(b) of the Federal Rules of Civil Procedure, the Court agrees with the Magistrate Judge that Matthews' claim is subject to dismissal for both procedural and substantive reasons.
I. Procedural Deficiencies
In his objections, Matthews does not dispute that he did not comply with Local Rule 56.01 that, in relevant part, provides:
c. Response to Statement of Facts. Any party opposing the motion for summary judgment must respond to each fact set forth by the movant
...
g. Failure to Respond. Failure to respond to a moving party's statement of material facts, or a non-moving party's statement of additional facts, within the time periods provided by these Rules shall indicate that the asserted facts are not disputed for the purposes of summary judgment.
L.R. 56.01(c) & (g). Nevertheless, Matthews argues that "[a]ll facts germane to the incident in question were answered either within the body of the Motion for Summary Judgment or the Sworn Affidavit provided by the Plaintiff." (Doc. No. 80 at 2).
It is true, as Matthews asserts, that "[p ]ro se complaints are held to less stringent standards than formal pleadings drafted by lawyers, and should therefore be liberally construed." (Id. at 4) (citing Williams v. Curtin,
*916Jawara v. Suntrust Bank,
This Court's Local Rule requiring a statement of undisputed facts and responses thereto exist for a reason. Such rules "are meant to ease the district court's operose task and to prevent parties from unfairly shifting the burdens of litigation to the court." Caban Hernandez v. Philip Morris USA, Inc.,
II. Substantive Shortcomings
Matthews' noncompliance with the Local Rules aside, summary judgment is warranted on the merits. Even when the Court considers his affidavit, he has not presented a jury question on his claim that he was shackled too tightly by either Copeland or McBay in violation of the Eighth Amendment.
On numerous occasions, the Sixth Circuit has addressed the improper use of restraints, albeit usually in the context of an excessive force claim under the Fourth Amendment. In such cases, a plaintiff must allege and prove "1) "some physical injury from the handcuffing' and 2) that 'officers ignored plaintiff's complaints that the handcuffs were too tight.' " Anderson v. Theibert,
"[N]ot every intrusion upon a prisoner's bodily integrity will rise to the level of an Eighth Amendment violation," Parrish v. Johnson,
*917There is an objective component and a subjective component to an Eighth Amendment claim. Santiago v. Ringle,734 F.3d 585 , 590 (6th Cir. 2013) (citing Comstock v. McCrary,273 F.3d 693 , 702 (6th Cir. 2001) ). First, "[t]he subjective component focuses on the state of mind of the prison officials." Williams,631 F.3d at 383 . We ask "whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm." Hudson v. McMillian,503 U.S. 1 , 7,112 S.Ct. 995 ,117 L.Ed.2d 156 (1992). Second, "[t]he objective component requires the pain inflicted to be 'sufficiently serious.' " Williams,631 F.3d at 383 (quoting Wilson v. Seiter,501 U.S. 294 , 298,111 S.Ct. 2321 ,115 L.Ed.2d 271 (1991) ). This component requires a "contextual" investigation, one that is "responsive to 'contemporary standards of decency.' " Hudson,503 U.S. at 8 ,112 S.Ct. 995 (quoting Estelle v. Gamble,429 U.S. 97 , 103,97 S.Ct. 285 ,50 L.Ed.2d 251 (1976) ). While the extent of a prisoner's injury may help determine the amount of force used by the prison official, it is not dispositive of whether an Eighth Amendment violation has occurred. Wilkins v. Gaddy,559 U.S. 34 , 37,130 S.Ct. 1175 ,175 L.Ed.2d 995 (2010). "When prison officials maliciously and sadistically use force to cause harm, contemporary standards of decency always are violated...[w]hether or not significant injury is evident." Hudson,503 U.S. at 9 ,112 S.Ct. 995 . "Otherwise, the Eighth Amendment would permit any physical punishment, no matter how diabolic or inhuman, inflicting less than some arbitrary quantity of injury."Id.
Id. at 580-81.
Relying on his Affidavit, Matthews argues the subjective component is met because, when he asked the transportation officer to "please adjust the leg restraint on my leg," that officer said, "stop you in [sic] f-king whinng [sic] and get on the f-king bus, I ain't gonna listen to no sh-t out of you-ins." (Doc. No. 72, Matthews Aff. ¶¶ 6-7). That Affidavit, filed after discovery was closed, also states that the leg restraints were placed on him by an "unknown Correctional Officer." (Id. ¶ 5).
There is no vicarious liability under Section 1983. Shadrick v. Hopkins Cty.,
Here, there is no evidence that either Copeland or McBay caused Matthews to be deprived of his constitutional rights. Both deny any recollection of the event in their respective Affidavits.
*918Assuming one of them is the responsible party because both were involved in the transport of prisoners from Bledsoe on the day in question, Matthews has not shown either acted "maliciously and sadistically for the very purpose of causing harm." Shreve,
Nor has Matthews established the "sufficiently serious" objective component of an Eighth Amendment claim. In his Affidavit, he states that his ankle swelled and had "lacerations/cuts." (Doc. No. 72, Matthews Aff. ¶¶ 10). He also points to photos that were taken of his ankle upon his arrival at Deberry, and that he "was given medical treatment regarding the wounds [he] suffered as a result of th[e] unknown officer's actions." (Id. ¶ 11). The medical record from Deberry indicate that Matthews had "2 cuts @ back of ankle," one "about 1.5 cm," and the other "1 cm." (Doc. No. 1 at 30). The attached photocopied pictures appear to confirm one of the cuts. As for the "medical treatment" provided, the records from Deberry indicate that the wounds were covered with a band-aid. (Id. ). There is no evidence that Matthews sought any additional treatment or returned for any necessary follow-up care.
A physical injury "need not be significant," but, as a rule,
III. Conclusion
Based on the foregoing, the R & R (Doc. No. 79) is ADOPTED ; the Motion for Summary Judgment (Doc. No. 62) is GRANTED ; and the Motions to Compel (Doc. Nos. 68, 74) are DENIED AS MOOT . Matthews' claim is hereby DISMISSED WITH PREJUDICE .
The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
The Court notes that two Motions to Compel (Doc. No. 68, 74) were pending at the time the R & R was issued. However, both motions were untimely because they were filed after the February 15, 2017 discovery motion deadline as set forth in the Case Management Order (Doc. No. 49). Regardless, both motions are directed at discovering who was responsible for shackling Matthews. Whether that person was Copeland, McBay, or someone else matters not because Matthews has not presented evidence that the responsible party acted with the requisite malicious intent, nor has he shown sufficient injury so as to satisfy an Eighth Amendment claim. Accordingly, the Motions to Compel will be denied as moot.
This is just a general rule. The Supreme Court has stated that "[t]he Eighth Amendment's prohibition of 'cruel and unusual' punishments necessarily excludes from constitutional recognition de minimis uses of physical force, provided that the use of force is not of a sort repugnant to the conscience of mankind," Hudson v. McMillian,
Reference
- Full Case Name
- George MATTHEWS v. Brandon COPELAND
- Cited By
- 15 cases
- Status
- Published