Durrell v. Cook
Dissenting Opinion
dissenting.
I respectfully dissent. No evidence suggests that defendants Cook, Armenakis, Lampert, and Heath were personally involved in DurrelTs housing assignment and thus, the district court properly granted summary judgment in their favor. See Farmer v. Brennan, 511 U.S. 825, 884, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).
With respect to the remaining defendants, the most logical way to analyze the case is to affirm the district court on the ground that Durrell has not established an Eighth Amendment violation. See Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) (requiring courts to determine, as a threshold matter, whether a constitutional right was violated). Alternatively, the remaining defendants are entitled to qualified immunity under Ford v. Ramirez-Palmer, 301 F.3d 1043, 1050 (9th Cir. 2002).
. Although Ford did not address the first prong of Saucier with respect to establishing a constitutional violation, Ford’s analysis directly contradicts the majority’s approach here.
Opinion of the Court
MEMORANDUM
Plaintiff Paul Durrell appeals the grant of summary judgment for defendants in his 42 U.S.C. § 1983 action for violation of his Eighth Amendment rights. We reverse.
Durrell was housed for one week, despite his protests, with an inmate he alleges is an “aggressive homosexual.” Durrell claims he was subjected to “overwhelming mental and emotional stress” from being housed with the sexually aggressive cellmate. In addition, he claims that he was injured defending himself from his cellmate, and sought medical attention for his injury (though this is disputed). We have held that mental injury suffices for Eighth Amendment cruel and unusual punishment cases,
Under Farmer v. Brennan,
“[Sjummary judgment based on qualified immunity is improper if, under the plaintiffs version of the facts, and in light of the clearly established law, a reasonable officer could not have believed his conduct was lawful.”
REVERSED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See, e.g., Jordan v. Gardner, 986 F.2d 1521 (9th Cir. 1993) (en banc); Keenan v. Hall, 83 F.3d 1083 (9th Cir. 1996).
. Cf, Restatement (Second) of Torts § 825 (1979) (conduct intentional if tortfeasor knows damage is "substantially certain” to result from conduct).
. 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).
. 942 F.2d 1435 (9th Cir. 1991).
. See Schwenk v. Hartford, 204 F.3d 1187, 1196 (9th Cir. 2000).
. See Redman, 942 F.2d at 1443 (prison officials violated the Eighth Amendment by housing an aggressive homosexual with a "young and tender” heterosexual male); Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043, 1050 n. 5 (9th Cir. 2002) ("[Defendant prison officials] recognize their duty under Redman ....”).
. 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
Reference
- Full Case Name
- Paul C. DURRELL v. David COOK, Director, Oregon Department of Corrections Nicholas Armenakis Robert Lampert Brad Heath, Assistant Superintendant Snake River Correctional Institution Joe Klika, Security Manager Snake River Correctional Institution Rhonda Orr, Captain of Disciplinary Segregation Snake River Correctional Institution D. Wilson, Captain of Housing Assignment Snake River Correctional Institution, Defendants—Appellees
- Status
- Published