SHAW v. HALL et al
Filing
181
ORDER adopting in part 168 Report and Recommendations; dismissing as moot 68 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 118 Motion to Dismiss for Failure to State a Claim; denying 126 Motion for P reliminary Injunction and TRO; denying 144 Motion for TRO; denying 144 Motion for Preliminary Injunction; denying 153 Motion for TRO; denying 153 Motion for Permanent Injunction; denying 163 Motion for Reconsideration; denying 174 Motion to Amend/Correct; dismissing 175 Motion to Ensure Delivery. Ordered by U.S. District Judge C ASHLEY ROYAL on 8/28/14 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DEXTER SHAW,
:
:
Plaintiff,
:
:
v.
:
CIVIL ACTION
:
NO. 5:12‐CV‐135 (CAR)
Warden HILTON HALL, et al.,
:
:
Defendants.
:
_________________________________ :
ORDER ON RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Plaintiff Dexter Shaw, a state inmate, filed this pro se civil rights action under 42
U.S.C. § 1983 on April 13, 2012, alleging numerous violations of his constitutional rights by
various members of prison staff at the Georgia State Prison and the Special Management
Unit at the Georgia Diagnostic and Classification Prison. The United States Magistrate
Judge has issued a Recommendation addressing a number of items currently before the
Court, including Defendants’ two pending motions to dismiss and Plaintiff’s motions for
various forms of relief. Both parties filed timely Objections to the Recommendation.
Plaintiff has also filed a belated response to Defendants’ second motion to dismiss, a
motion for reconsideration, and yet another motion to amend and supplement his
Complaint.1
1 Plaintiff’s request for an order ensuring the delivery of the aforementioned documents [Doc. 175]
is DISMISSED AS MOOT.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered the
Recommendation of the United States Magistrate Judge, the parties’ objections, Plaintiff’s
belated response, and the merits of the numerous motions detailed herein. For the reasons
explained below, the Recommendation [Doc. 168] is hereby ADOPTED IN PART as
described below. Plaintiff’s Motion for Reconsideration [Doc. 163] and Motion to
Amend/Supplement [Doc. 174] are DENIED.
DISCUSSION
The United States Magistrate Judge recommends that the Court deny Plaintiff’s
motions for preliminary injunctions and temporary restraining orders, dismiss as moot
Defendants’ first motion to dismiss, and grant in part and deny in part Defendants’ second
motion to dismiss. Both Plaintiff and Defendants object to the Recommendation.
I.
Plaintiff’s Objection and Pending Motions
In his Objection, Plaintiff largely restates the same arguments he presented to the
Magistrate Judge—arguments he has consistently raised throughout the course of this
case. Although the Magistrate Judge did not have the benefit of Plaintiff’s response to
Defendant’s second motion to dismiss when issuing the instant Recommendation, the
Court has carefully reviewed Plaintiff’s arguments and finds they do not alter the Court’s
conclusions. The only issues that merit additional discussion are Plaintiff’s Eighth
Amendment “waist chain profile” claims and Plaintiff’s failure to exhaust his
administrative remedies under the Prison Litigation Reform Act (“PLRA”).
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A. Eighth Amendment “Waist Chain Profile” Claims
In sum, Plaintiff complains that Defendants violated his Eighth Amendment rights
by refusing to issue or re‐issue a waist chain profile despite Plaintiff’s preexisting “injuries
and pains in [his] right shoulder.” 2 The United States Magistrate Judge recommends
dismissing this claim because Defendants are entitled to qualified immunity. While the
Court agrees that this claim must be dismissed, the Court does not rely on the Magistrate
Judge’s qualified immunity analysis in reaching its conclusion. Had Plaintiff sufficiently
alleged a constitutional violation, Defendants would not be entitled to qualified immunity
because the law in this area is clearly established.3 Nevertheless, the Court finds that
Plaintiff fails to state a claim for violation of his Eighth Amendment rights.
The Eighth Amendment protects prison inmates from the infliction of cruel and
unusual punishment, not from all uses of force. 4 To constitute cruel and unusual
punishment, a plaintiff must establish an “unnecessary and wanton infliction of pain [and]
the imposition of pain totally without penological justification.” 5 “It is obduracy and
wantonness, not inadvertence or error in good faith, that characterizes the conduct
2 Pl.’s Recast Compl., ¶ 64 [Doc. 33].
3 See, e.g., Skrtich v. Thornton, 280 F.3d 1295, 1301 (11th Cir. 2002) (“In this Circuit, a defense of
qualified immunity is not available in cases alleging excessive force in violation of the Eighth
Amendment[.]”); Gardner v. Ramsey, No. 5:04‐CV‐121DF, 2006 WL 753178, at *3 n.5 (M.D. Ga.) (“[A]
finding of deliberate indifference necessarily precludes a finding of qualified immunity; prison
officials who deliberately ignore the serious medical needs of inmates cannot claim that it was not
apparent to a reasonable person that such actions violated the law.”) (quoting McElligott v. Foley,
182 F.3d 1248, 1260 (11th Cir. 2009)).
4 See Whitley v. Albers, 475 U.S. 312, 327 (1986).
5 Evans v. Dugger, 908 F.2d 801, 803 (11th Cir. 1990).
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prohibited by the Cruel and Unusual Punishment Clause, whether that conduct occurs in
connection with establishing conditions of confinement, supplying medical needs, or
restoring official control over a tumultuous cellblock.”6
When the conduct in question involves any measure taken to prevent a security
threat or restore official control, the appropriate Eighth Amendment inquiry is “whether
force was applied in a good faith effort to maintain or restore discipline or inflicted
maliciously or sadistically for the very purpose of causing harm.”7 “[S]uch factors as the
need for the application of force [or restraint], the relationship between the need and the
amount of force that was used, [and] the extent of injury inflicted … are relevant to that
ultimate determination.”8 Further, as the Supreme Court stated in Rhodes v. Chapman, “a
prison’s internal security is peculiarly a matter normally left to the discretion of prison
administrators.”9 Indeed, “[t]hat deference extends to a prison security measure taken in
response to an actual confrontation with riotous inmates, just as it does to prophylactic or
preventative measures taken to reduce the incidence of these or any other breaches of
prison discipline.”10
In this case, Plaintiff alleges that “due to a major breach in the security, by officers
deliberately leaving the control room door ajar, [Plaintiff] pulled the door open and took
6 Whitley, 475 U.S. at 319.
7 Id. at 320‐21; see also Hudson v. McMillian, 503 U.S. 1, 6‐7 (1992).
8 Whitley, 475 U.S. at 321.
9 Id. at 349 n.14.
10 Id. at 322.
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the large security key out of the door” while cuffed in front under a waist chain profile.11
Sometime thereafter, prison personnel determined that it was a security risk to cuff
inmates in front rather than behind, regardless of their medical situation.12 Now, Plaintiff
contends that Defendants’ refusal to issue or re‐issue a waist chain profile has caused him
“pain and suffering” and has contributed to “[his] now limited use of [his] right arm and
shoulder.”13 As the Magistrate Judge accurately observed, “Plaintiff has fully detailed the
penological justification for his lack of a waist chain profile: he has taken advantage of that
profile in the past to cause what even he terms a ‘major security breach.’”14 Given these
circumstances, the Court concludes that Plaintiff has failed to state a claim that amounts to
a violation of the Eighth Amendment. Accordingly, this claim must be DISMISSED.
B. Exhaustion of Administrative Remedies
Having carefully considered the Eleventh Circuit’s interpretation of the PLRA in
Smith v. Terry,15 the Court agrees with the Magistrate Judge’s legal conclusion that “only
the facts ‘that existed when [Plaintiff] filed his original complaint’ are pertinent to the
determination of exhaustion.’” 16 It is irrelevant whether a plaintiff seeks to cure an
exhaustion defect by amending his complaint under Federal Rule of Civil Procedure 15(a)
11 Pl.’s Recast Compl., ¶ 23 [Doc. 33].
12 Pl.’s Amended/Supplemental Compl., ¶ 123 [Doc. 66‐1].
13 Pl.’s Recast Compl., ¶¶ 168, 186 [Doc. 33].
14 Recommendation, p. 22 [Doc. 168].
15 491 F. App’x 81 (11th Cir. 2012).
16 Recommendation, p. 9 [Doc. 168] (quoting Smith, 491 F. App’x at 83) (alteration by Magistrate
Judge).
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or by supplementing his complaint under Rule 15(d). 17 “[A]ny actions by Plaintiff to
exhaust [a] claim after April 13, 2012[,] cannot support his claim of exhaustion.” 18
Accordingly, the Magistrate Judge correctly determined that Plaintiff did not exhaust his
administrative remedies as to his claims under the First Amendment and Religious Land
Use and Institutionalized Persons Act. Plaintiff’s motions to supplement his Complaint to
add claims arising after April 13, 2012, fail under the same analysis.19
Further, the Court will not entertain Plaintiff’s interminable requests to amend his
Complaint. This case has languished for over two years, in part due to the fact that
Plaintiff has filed over a dozen motions to amend or supplement his Complaint, which
have largely been duplicative or frivolous. As the Magistrate Judge accurately observed,
Plaintiff’s actions clearly constitute a “repeated failure[s] to cure deficiencies by
amendments previously allowed.”20
The Court has painstakingly reviewed Plaintiff’s numerous requests and has freely
given Plaintiff leave to amend as justice so requires, but it must move this action toward
resolution. To do otherwise would leave this case in perpetual limbo and would be
contrary to this Court’s duty to administer the Federal Rules of Civil Procedure in a
manner that ensures the “just, speedy, and inexpensive determination of every action and
17 Smith, 491 F. App’x at 83.
18 Recommendation, p. 9 [Doc. 168].
19 See Foman v. Davis, 371 U.S. 178, 182 (1962) (noting that a district court may properly deny leave
to amend a complaint when such amendment would be futile); Bingham v. Thomas, 654 F.3d 1171,
1175 (11th Cir. 2011) (holding that a complaint may be dismissed for failure to exhaust if the lack of
exhaustion appears on the face of the complaint).
20 Recommendation, p. 4 [Doc. 168] (quoting Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001)).
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proceeding.”21 Plaintiff must pursue any new claims in a new lawsuit. Accordingly,
Plaintiff’s Motion for Reconsideration [Doc. 163] of this Court’s April 10, 2014 Order
denying leave to amend his Complaint is DENIED. Plaintiff’s most recent Motion to
Amend/Supplement [Doc. 174] is likewise DENIED.
I.
Defendants’ Objection
In their Objection, Defendants contend the Magistrate Judge failed to address their
argument that Plaintiff has, at most, suffered a de minimis physical injury in relation to his
Eighth Amendment conditions of confinement claim, thereby precluding Plaintiff from
recovering the damages he seeks. In his filings, Plaintiff contends that he experienced
“physical and mental deterioration” and “weight loss” from being held in “punitive”
segregation for over twelve years.22 At this point in the proceedings, the Court cannot
conclude that Plaintiff has not suffered a physical injury that satisfies 42 U.S.C. § 1997e(e).23
Consequently, the Court will not dismiss Plaintiff’s request for damages at this time.
CONCLUSION
In light of the foregoing, the United States Magistrate Judge’s Recommendation
[Doc. 168] is hereby ADOPTED IN PART. The legal conclusions and findings of the
Recommendation are hereby INCORPORATED AND MADE THE ORDER OF THE
COURT with the exception of the analysis of Plaintiff’s Eighth Amendment claims
regarding his waist chain profile. Accordingly, Plaintiff’s Motions for Preliminary
21 Fed. R. Civ. P. 1.
22 See Pl.’s Recast Compl., ¶¶ 48, 85, 167, 185, 191 [Doc. 33].
23 See Sheley v. Dugger, 822 F.2d 1420, 1428‐29 (11th Cir. 1987).
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Injunctions and Temporary Restraining Orders [Docs. 126, 144, 153] are DENIED.
Defendants’ First Motion to Dismiss [Doc. 68] is DISMISSED AS MOOT, and
Defendants’ Second Motion to Dismiss [Doc. 118] is GRANTED IN PART AND DENIED
IN PART. Plaintiff’s claim of punitive segregation in violation of the Eighth Amendment
against Defendants Hall, Upton, and Humphrey will proceed. All other Defendants are
DISMISSED from this case. Plaintiff’s Motion for Reconsideration [Doc. 163] and Motion
to Amend/Supplement his Complaint [Doc. 174] are also DENIED. Finally, the Court
hereby LIFTS the stay on discovery consistent with Magistrate Judge’s explicit directions.
SO ORDERED, this 28th day of August, 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
BBP/ssh
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