SHAW v. HALL et al
Filing
265
ORDER adopting 255 Report and Recommendations; granting 233 Motion for Summary Judgment; granting 262 Motion to Amend. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 3/29/16 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DEXTER SHAW,
:
:
Plaintiff,
:
:
v.
:
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 a violation of his Eighth Amendment right to
be free from cruel and unusual punishment by various members of prison staff at
Georgia State Prison. Presently before the Court is Defendants’ Motion for Summary
Judgement. The United States Magistrate Judge has issued a Report and
Recommendation that Defendants’ Motion for Summary Judgment [Doc. 255] be
granted because Defendants have sufficient penological justification for Plaintiff’s
confinement in punitive segregation, and they are entitled to qualified immunity.
Plaintiff has filed a timely Objection to the Recommendation, and Defendants
have responded to Plaintiff’s Objection.1 Having considered the objections and
1 Plaintiff also filed a Motion to Amend [Doc. 262‐1] his Objection to the Magistrate Judge’s
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reviewed the matter de novo, this Court agrees with the findings and conclusions of the
United States Magistrate Judge that no genuine issues of material fact exist as to
Plaintiff’s Eighth Amendment claim, and that Defendants are entitled to qualified
immunity. Therefore, Defendants’ Motion for Summary Judgement [Doc. 233] is
GRANTED.
In his Objection, Plaintiff objects to the Magistrate Judge’s Recommendation for
the following reasons: (1) the Court, and not Defendants, “created” the defense that
Plaintiff posed a security risk; (2) there are discovery motions that have not been ruled
on by the Court; (3) Defendants either withheld or destroyed relevant classification
committee reviews and other documents pertaining to Plaintiff’s confinement; and (4)
Plaintiff has adequately stated a claim and established that the Defendants are not
entitled to qualified immunity. The Court discusses each of Plaintiff’s objections in
turn.
First, Plaintiff contends the Court in its August 28, 2014 Order granting portions
of Defendants Motion to Dismiss,2 acted as “de facto counsel” and invented for
Defendants the “security concerns” defense.3 In that Order, the Court adopted in part
and modified in part the Magistrate Judge’s Recommendation dismissing all of
Plaintiff’s claims, except the Eighth Amendment claim involving his twelve‐year
Recommendation, which the Court GRANTS.
2 Pl.’s Objs., [Doc. 259] at 5‐6 (referencing [Doc. 181]).
3 Pl’s Obj., [Doc. 259] at 6.
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confinement. One of Plaintiff’s claims the Court dismissed was an alleged Eighth
Amendment violation by a prison doctor for his failure to re‐issue a “waist‐chain”
profile. This Court in its Order agreed with the Magistrate Judge that dismissal was
warranted because the doctor was entitled to qualified immunity due to the fact that the
law was not clearly established as to whether the failure to reissue such a profile
constituted deliberate indifference.4 Although the Court dismissed Plaintiff’s claim, it
did so because the decision to discontinue the use of a waist‐chain profile did not
constitute cruel and unusual punishment, as there was a penological justification for
such a use of force—namely, Plaintiff’s actions of taking the keys to the prison control
room in 2008.5
However, the brief discussion about the 2008 incident related only to the
dismissal of Plaintiff’s Eighth Amendment claims for the failure to re‐issue a waist
chain profile. In its discussion, the Court noted, “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.’”6 At no
point, however, did the Court state or even suggest that the breach was also sufficient
penological justification for Plaintiff’s twelve‐year confinement. Moreover, Plaintiff’s
assertion that Defendants never raised a “security concern” defense is contradicted by
4 See [Doc. 181] and [Doc. 168].
5 [Doc. 181].
6 [Doc. 181] (internal quotation marks omitted).
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the record. Defendants have continuously argued that Plaintiff posed a security risk and
therefore his segregation was justified.7
Second, Plaintiff alleges there are a number of outstanding motions still pending
before the Court, namely his Motion to be Relieved of Court Orders [Doc. 122], his
Motion for Sanctions [Doc. 123], and his Motion to Stay Ruling on the Motion for
Summary Judgment until various other motions are ruled on [Doc. 248]. However, the
first two motions were denied on May 19, 2014,8 and the third motion was denied on
August 11, 2015.9 Moreover, this argument is irrelevant to the merits of the Magistrate
Judge’s Recommendation.
Third, Plaintiff contends Defendants engaged in spoliation of evidence, and,
therefore, their Motion should be denied. Specifically, Plaintiff argues Defendants
either destroyed or withheld documents they knew to exist—such as a number of
classification committee reviews that were conducted but were not in the record before
the Court. Plaintiff also argues Defendants falsified documents—such as the date on
which the classification committee reviewed Plaintiff’s status, and Defendant Hall’s
7 See, e.g., Br. in Supp. of MSJ, [233‐1] at 7‐8 (“In the instant case, unlike the Court’s concern in
Sheley, Shaw’s long term confinement in administrative segregation is not totally without
penological justification. In fact, the record contains documentation supporting the decisions
rendered by all three Defendants in this action. Indeed, the Defendants at issue here considered
the ongoing security risk that Plaintiff posed to the institution.”) (internal citations omitted);
Defs.’ Reply in Supp. of MSJ, [Doc. 244] at 7‐10; Hall Aff., [Doc. 233‐4] at ¶ 23 (“Any decision by
me regarding the continued placement of inmate Shaw in the SMU would have taken into
consideration the security risk that inmate Shaw posed to the institution.”); Upton Aff., [Doc.
233‐3] at ¶ 30 (same); Humphrey Aff., [233‐4] at ¶ 17 (same).
8 [Doc. 168] at 38‐39.
9 [Doc. 251] at 5‐6.
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affidavit which states that he believed Plaintiff was trying to escape or start a riot when
he took the keys to the control room in 2008. Thus, Plaintiff contends Defendants’
evidence is unreliable and should be disregarded. These arguments are meritless.
Plaintiff’s issues with discovery and arguments alleging deficiencies in the record are
merely reassertions of arguments previously rejected by this Court.10
Fourth, Plaintiff contends he adequately states a claim that Defendants violated
his Eighth Amendment rights. Plaintiff argues Defendants did not have sufficient
penological justification for their decisions to house him in segregation. In support of
this argument, Plaintiff largely reasserts the arguments he presented in his opposition
to Defendants’ motion for summary judgment.11 Plaintiff also avers that each of the
penological justifications listed in the Magistrate Judge’s Recommendation—Plaintiff’s
status as a “close custody” inmate, the severity of the 2008 breach, Plaintiff’s
disciplinary report (“DR”) history, and the classification committees’ independent
reviews—are inadequate.12 Plaintiff argues half of the inmates in the Georgia
Department of Corrections (“GDC”) prisons are classified as “close custody”; the 2008
10 Plaintiff filed several motions to compel and other motions related to discovery. See [Docs.
199, 200, 201, 202, 205, 206, 219]. All of these motions were denied on January 20, 2015, because
the items Plaintiff contended were destroyed or withheld were “either irrelevant to the
remaining claim, or have been responded to in as complete a manner as is possible and required
by the discovery rules.” [Doc. 221]. Plaintiff again moved to compel and sought sanctions for
the withholding or destruction of similar documents on April 6, 2015. Mot. to Compel, [Doc.
224]. This motion was denied on April 6, 2015. [Doc. 237].
11 Compare Pl.’s Resp. in Opp’n to MSJ, [Doc. 239‐1] at 6‐12, with Pl.’s Objs. [Doc. 259] at 12‐19.
12 See R&R, [Doc. 255] at 15.
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incident was done in “good faith,” and the internal investigation did not find any
wrongdoing on his part; Plaintiff’s DR history is comprised of fabricated and dismissed
DRs; and he was only adjudicated guilty on two DRs during his time at Georgia
Department of Corrections Prison (“GDCP”). He additionally argues the classification
committees’ reviews should be disregarded due to the spoliation issues and because
Plaintiff believes they were falsified. These arguments are unpersuasive.
First, it is irrelevant whether half the prisoners in GDC are classified as “close
security.” Second, whether or not Plaintiff committed a “security breach” in “good
faith” or engaged in an effort to start a riot, the record confirms that Defendant Hall
viewed Plaintiff’s activities as a dangerous security breach and based on that belief
made the determination to house Plaintiff in segregation. Moreover, the record does
not indicate Plaintiff was found innocent of any wrongdoing during the 2008 incident.
On the contrary, the record shows he was not issued a DR and the officers who
witnessed the incident “did not have an explanation as to why [Plaintiff] was not issued
a DR.”13 Third, even taking Plaintiff’s allegation as true that the dismissed DRs relied
upon by Defendants were fabricated, Plaintiff was still adjudicated guilty of
insubordination and threatening a prison staff member with a razor on July 31, 2011—a
serious and dangerous offense.14 Finally, Plaintiff’s arguments that the classification
13 Hall Aff. Ex 5, [Doc. 235‐2] at 1‐2.
14 Humphrey Aff. Ex. 3, [Doc. 235‐3] at 21‐23 (detailing the allegations and procedural history of
DR # 228073).
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committees’ reviews should be ignored in their entirety are unavailing for the same
reasons discussed above: Plaintiff offers no evidence to support the proposition that
Defendants tampered with evidence.
Moreover, even if this Court found there was insufficient penological
justification for Plaintiff’s confinement, Defendants would still be entitled to qualified
immunity.15 Plaintiff argues Defendants are not entitled to qualified immunity because:
(1) they were not acting within the scope of their discretionary authority, as they
violated aspects of the GDC’s Standard Operating Procedure when they considered
dismissed DRs in making their determinations,16 and (2) the law was clearly established
because Sheley v. Dugger17 is controlling in this case, and precedent dictates that lengthy
periods of time in solitary confinement without penological justification are
unconstitutional.18 However, the Court is unpersuaded.
First, Plaintiff seems to misunderstand the discretionary authority analysis for
qualified immunity. “[D]iscretionary authority [] include[s] all actions of a
governmental official that (1) were undertaken pursuant to the performance of his
duties, and (2) were within the scope of his authority.”19 For purposes of the qualified
immunity analysis, the court does not “focus[] on whether the acts in question involved
15 R&R, [Doc. 255] at 18‐19.
16 Pl.’s Objs., [Doc. 259] at 25‐27
17
833 F.2d 1420 (11th Cir. 1987).
18 Pl.’s Objs., [Doc. 259] at 27‐28.
19 Jordan v. Doe, 38 F.3d 1559, 1566 (11th Cir. 1994).
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the exercise of actual discretion[.]”20 Instead, “we assess whether [the acts] are of a type
that fell within the employee’s job responsibilities.”21 This contrasts with “many areas
other than qualified immunity,” in which “a ‘discretionary function’ is defined as an
activity requiring the exercise of independent judgment[] and is the opposite of a
‘ministerial task.’”22 Furthermore, “the inquiry is not whether it was within the
defendant’s authority to commit the allegedly illegal act. Framed that way, the inquiry
is no more than an untenable tautology.”23 Defendants, as wardens, were clearly acting
within their authority when they signed off on the decision to house Plaintiff in
administrative segregation.
Second, although Plaintiff attempts to dispute that the law is well established in
this area, his arguments are unpersuasive.24 There is a lack of controlling case law on
this subject. Indeed, the only relevant case Plaintiff cites is Sheley.25 However, as
20 Holloman v. Harland, 370 F.3d 1252, 1265 (11th Cir. 2004).
21 Id.
22 Id.
23 Id. at 1266.
24 Pl.’s Objs. [Doc. 259] at 27‐28.
25 833 F.2d 1420 (11th Cir. 1987). See Pl.’s Objs. [Doc. 259] at 27‐28. Plaintiff also cites to a number
of other cases that are irrelevant. For instance, Plaintiff cites to Ort v. White, seemingly in
support of his argument that the law clearly establishes that Defendants’ actions were without
sufficient penological justification; however, this case does not discuss what could be
considered sufficient or insufficient penological justification. Ort v. White, 813 F.2d 318 (11th Cir.
1987) (holding that a correctional officer’s decision to deny an inmate working on the “farm
squad” water, as a disciplinary sanction, did not violate the Eighth Amendment and that
inmate’s 58 day confinement to the “sallyport” likewise did not violate the Eighth Amendment
where he was provided with food, water, and other necessities). Plaintiff also cites to Hardwick
v. Ault, 447 F. Supp. 116 (M.D. Ga. Jan. 12, 1978), but this case is not binding on this Court and is
readily distinguishable from the facts of this case. Hardwick, 447 F. Supp. at 125‐128 (finding the
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discussed in the Magistrate Judge’s Recommendation, not only does Sheley involve
review of a habeas petition, wherein the inmate sought release from punitive
segregation, but the Eleventh Circuit in Sheley only went so far as to state that a “twelve‐
year confinement in [segregation] raises serious constitutional questions[,]” and “[i]f the
segregation is punitive, it should be determined whether it shocks the conscience, is
grossly disproportionate to the offense, or is totally without penological justification.”26
Sheley simply provides no guidance as to what may or may not constitute sufficient
penological justification. Moreover, there is no other case law that even provides
examples as to what would or would not be sufficient penological justification to
support such a confinement. Therefore, the Court finds Plaintiff’s objections
unpersuasive and agrees with the Magistrate Judge that Defendants are entitled to
qualified immunity.
Therefore, based on the foregoing, the Report and Recommendation [Doc. 255] is
ADOPTED and MADE THE ORDER OF THE COURT. Defendants’ Motion for
Summary Judgment [Doc. 233] is hereby GRANTED.
conditions of confinement unconstitutional where the inmates housed in segregation were
assigned for slight infractions such as insubordination in advocating for prison work stops,
housed for an indefinite period of time due to the “lack of criteria by which a prisoner [could]
work his way out,” given limited ability to exercise, and where “some of the practices there
constitute[d] gratuitous punishment inflicted without purpose.”).
26 Sheley, 833 F.2d at 1429.
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SO ORDERED, this 29th day of March, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
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