No. 13-6446
ANTHONY L. MANN,
Plaintiff - Appellant,
v.
LT. C. FAILEY; MAJOR SHERONDA SUTTON; WARDEN ROBERT STEVENSON
III; ASST. WARDEN JOHN BARKLEY; ASST. WARDEN LARRY CARTLEDGE;
INV. DAVID HURT; VALERIE WHITAKER; CLASSIFICATION MNGR MACON;
DONALD SAMPSON, MD; E. KEITT; JAMES HARRIS, III; CAPT. PERCY
JONES; CAPT. WILSON; LT. WILLIE SIMMONS; LT. T. JOHNSON; SGT.
BELUE; SGT. YOUNG; SGT. HERMAN WRIGHT; SGT. KEITH MOORE; CPL.
OTIS DANIELS; CPL. VINCENT MANLEY; CPL. SMALLS; CPL. RAY; OFC.
MCNEAL; OFC. COX; CHRISTIAN MANGANELLI; C. COOK; ROBYN ELERBY,
Defendants - Appellees,
and
OFC.
MURRAY,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Richard M. Gergel, District
Judge. (0:11-cv-02232-RMG)
Argued:
Decided:
PER CURIAM:
Appellant Anthony Mann, a South Carolina inmate, appeals an
adverse summary judgment on his Eighth Amendment excessive force
claims asserted pursuant to 42 U.S.C. 1983. 1 Manns complaint
arises
out
of
series
of
incidents
involving
correctional
and
denied
him
means
of
decontamination
after
they
used
magistrate
judge
recommended
that
Appellees
maliciously
causing
harm.
and
See
sadistically
Whitley
v.
for
Albers,
the
475
very
U.S.
purpose
312,
of
320-21
(1986). For the reasons set forth within, we vacate the judgment
in part and remand for further proceedings.
I.
This
fact-intensive
case
arises
out
of
correctional
favorable
Leathers,
913
to
Mann,
F.2d
the
1085,
non-moving
1087
(4th
Cir.
party.
Miller
1990)
(en
v.
banc)
who
is
serving
life
sentence
for
murder,
was
of
inmate:
his
disciplinary
prison
record
charges
and
contains
convictions,
significant
including
attempted
escape.
Medical
records
indicate
that
Mann
suffers
reported
an
incident
of
alleged
neglect
of
an
inmate
in
to
his
legal
material.
Their
conflict
eventually
in
the
closed
cell
for
forty-five
minutes.
Thereafter,
officer
called
for
assistance
5
from
Lt.
Failey,
who
Mann
from
the
holding
cell
back
into
his
unit,
so
that
they
roundhouse
became
kick
to
painful.
Faileys
Mann,
neck,
aggravated,
knocking
her
against the banister and sending her down the stairs. Four other
officers wrestled Mann to the floor, and Mann stopped resisting.
Even though Mann was subdued, Failey ran up the steps to
him and began kicking and punching him in the head, striking him
numerous times, until one of the other officers holding Mann
6
interposed his body between her and Mann and told her that he
had
Mann
under
control.
Lt.
Failey
nevertheless
continuously
struck his head and face with her fist as he was carried, in
hogtie form, fifty yards to the holding cell. J.A. 580-81.
Four
of
Manns
fellow
inmates
provided
sworn
eyewitness
as
key
restraints).
evidence
that
he
(although
he
had
Mann
was
ejected
had
not
been
from
previously
able
the
to
stolen
escape
hearing.
He
from
was
strip
cell.
When
Mann
refused
to
submit
for
transfer,
kneed,
kicked,
and
choked
him
until
he
lost
at
the
ankles
and
wrists,
in
and
out
of
that
moderate
was
one-inch
[amount]
of
long,
blood
one-quarter
on
face.
inch
J.A.
deep,
341.
Mann
and
later
complained that one of his front teeth had been broken in the
encounter, but the prison nurse recorded that she was unable to
examine his teeth because Mann would not open his mouth.
Cell extractions in BRCI are intended to be recorded, and
at the onset of the August 23 extraction, one of the officers
carried a video recorder. At some point, however, the content of
the recorder became unavailable. Other inmates have overheard
guards suggesting that they deliberately destroyed the evidence
of the beating so no jury [could] see that video-tape. J.A.
627; 630.
According to Mann, he repeatedly asked both the officers
and
the
nurses
who
treated
his
injuries
if
he
could
be
II.
Mann
personnel,
filed
suit
against
and
others,
twenty-nine
including
the
officers,
Warden
and
medical
Assistant
judgment,
in
response
to
which
Mann
filed
lengthy
relevant
to
this
appeal,
the
magistrate
judge
claims
except
Manns
claim
that
the
officers
which
magistrate
she
recommended
judge
concluded
should
that
proceed
the
to
trial.
circumstances
The
were
the
report
and
recommendation
and
the
district
court
district
court
granted
Appellees
summary
judgment
denial,
the
court
noted
that
Mann
had
not
23
decontamination
denial,
the
court
distinguished
being
placed
in
the
restraint
chair.
Mann
timely
appealed.
III.
State
and
federal
inmates
serving
sentences
of
officers.
Whitley
v.
Albers,
475
U.S.
312,
327
756,
761
(4th
Cir.
1996).
Only
the
latter,
subjective
subjective
component
is
satisfied
when
an
officers
any
efforts
made
to
temper
the
severity
of
forceful
evidence
supporting
Manns
case-in-chief
is
derived
12
under oath. 2 Many of the facts are disputed and vigorously so but
Appellees
argue
that,
even
under
Manns
version
of
the
agree.
evidence
to
We
conclude
substantiate
that
each
Mann
of
the
has
provided
excessive
sufficient
force
claims
13
A.
harmful
precedent,
in
that
whenever
any
inmate
and
refuses
to
obey
further
command,
guards
can
an
extended
period
of
time
wash[.] Id.
14
without
permitting
him
to
provided
no
reason
for
the
guards
refusal
to
permit
or
mace
was
used,
and
regardless
of
whether
he
was
which
fact
finder
could
find
that
Appellees
judgment
we
as
hold
to
that
the
Appellees
June
are
denial
not
of
entitled
to
decontamination
burning
pain
over
his
body
for
five
days;
reasonable jury could infer from this evidence that Mann has
15
supplied
sufficient
evidence,
in
the
form
of
his
sworn
Davis
(summary
v.
Zahradnick,
judgment
affidavits
present
may
600
not
F.2d
be
458,
invoked
conflicting
460
(4th
where,
versions
of
the
Cir.
as
1979)
here,
facts
the
which
contends
judgment
that
the
district
court
on
his
allegations
of
erred
in
excessive
other inmates) amply make the case that officers on the cell
extraction team wrapped a bed sheet around Manns neck, choked
him into unconsciousness with it, continued to beat him after he
had been wrestled to the floor and had been placed in leg and
arm restraints, and afterward slammed his face into iron doors
and bars en route to a holding cell. Inmate affidavits from
those in neighboring cells report hearing Mann yell that he was
down and not resisting. Subsequent records reflect medical
treatment to a not-insignificant laceration on Manns head.
Notwithstanding
Manns
egregiously
offensive
and
abusive
the
force
officers
against
Mann
on
the
well
extraction
after
he
team
had
continued
ceased
his
to
apply
resistance.
Because a jury could infer from these facts that the officers
wantonly administered serious force to Mann in retaliation for
his conduct rather than for the purpose of bringing him under
control, the district court failed to apply summary judgment
principles as Fed. R. Civ. P. 56 and we prescribe. See Miller,
913 F.2d at 1087.
The
district
court
focused
on
giving
wide-ranging
volatile
incident
prisoner,
to
initiated
second
guess
by
the
disobedient
exact
moment
the
and
violent
prisoner
was
he
shouted
multiple
times
that
he
was
not
resisting;
and
after
disappearance
ample
of
support
the
for
the
incident;
official
an
and
August
inference
23
that
given
the
suspect
videotape,
there
is
summary,
informal,
regard
to
the
June
14
and
July
28
incidents.
On
both
used his own body to shield Manns head and neck from further
blows.
Many of the Whitley factors support a holding in favor of
Mann. The force applied by Lt. Failey occurred after Mann had
been restrained, and in that sense was unnecessary to preserve
order. It would appear that there was not a significant need
for the application of force and that Mann was not a serious
threat as reasonably perceived by the responsible officials.
Whitley, 475 U.S. at 320-21. This is especially true in light of
Lt. Faileys statements to Mann before and during the incidents,
from which malicious intent could be readily inferred. E.g.,
J.A. 24 (Ima fix you, white boy.); J.A. 25 (threatening to
kick [his] ass); J.A. 580 (calling Mann a crybaby and that
she was going to beat [him] like [his] mama shouldve.).
It
may
very
well
be
the
case
that
Mann
is
violent,
prisoner
has
duly
filed
the
necessary
briefs,
19
court
in
part
and
remand
for
further
proceedings
20