Opinion

Huff v. Tabler

Court
District Court, N.D. Indiana
Filed
Jul 31, 2019
Cited by
0 cases
Authority
More cited than 21.4%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

MICHAEL ALLEN HUFF,

Plaintiff,

v. CAUSE NO.: 3:18-CV-122-JD-MGG

STEPHEN TABLER, et al.,

Defendants.

OPINION AND ORDER

Michael Allen Huff, a prisoner without a lawyer, proceeds on claims against

Stephen Tabler, Steven Sewell, and Seth Barton, alleging that they punished him in

violation of the Fourteenth Amendment on June 14, 2017, by using excessive force and

by transferring him from Pulaski County Jail to Starke County Jail, which resulted in

the loss of contact and support from family and friends. ECF 6. The defendants filed a

motion for summary judgment, arguing that the use of force and transfer was an

objectively reasonable response to Huff’s refusal to comply with orders. Huff responds

that he was entitled to disregard unlawful orders and that he never posed a physical

threat to the defendants.

FACTS

At all relevant times, Huff was a pretrial detainee at the Pulaski County Jail, and

the defendants served as correctional officers. In support of the instant motion, the

defendants have submitted video recordings of the use of force incident,1 the incident

reports, and Huff’s deposition. According to these exhibits, the following occurred.

On June 14, 2017, around noon, Huff threw a trash can at the wall in a common

room several times. ECF 41 at 12:12. Jail staff ordered him to return to his cell, but he

refused and continued throwing the trash can. Id. at 12:12-16. Officer Tabler and Officer

Sewell arrived and ordered Huff to allow them to handcuff him, but he refused and

resisted their efforts to place him in handcuffs. Id. at 12:16. The officers forced Huff to

the ground, tased him, and placed handcuffs on his wrists as he continued to resist. Id.

at 12:17-18. After handcuffing his wrists. Officer Tabler and Officer Sewell began

escorting him from the common room to a padded cell. Id. at 12:19. On the way, Huff

continued to resist, kicked a mop bucket filled with water, and attempted to redirect the

escorting officers. Id. After a brief struggle, the officers held Huff face down on the floor

and waited for Officer Barton to arrive with additional handcuffs for Huff’s ankles. Id.

at 12:19-21. After shackling Huff’s ankles, the officers escorted and placed him in a

padded cell. Id. at 12:21.

Upon arrival, Huff allowed the officers to remove the handcuffs on his wrists,

but, when the officers ordered him to kneel so that they could remove the handcuffs

from his ankles, he ignored them.2 Id. at 12:23-24. Officer Barton forced Huff to the

1 Huff states that the defendants did not send him these video recordings, but the defendants

certified that they sent him disks with the recordings twice: once to his address at the Reception

Diagnostic Center and once to his address at the Miami Correctional Facility. ECF 41, ECF 43.

2 Though Huff denies that the officers ordered him to kneel, these orders can be heard clearly on

the video recording. See Scott v. Harris, 550 U.S. 372, 380 (2007) (“When opposing parties tell two different

stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a

ground and held him there while the handcuffs were removed. Id. On the video

recording, as Officer Barton held Huff to the ground, the sound of Huff’s head hitting

the floor is audible, but another officer momentarily obstructs the view of Officer Barton

and Huff’s upper body. Id. at 12:24. In the incident report, Officer Barton explained that,

at that moment, he felt Huff tense up as if he intended to start actively resisting again.

ECF 34 at 166-68. Officer Barton further explained that he struck Huff’s head to distract

Huff as he struggled to maintain control of Huff’s arms and needed to reposition. Id. At

his deposition, Huff testified that he tensed up due to pain and that he did not sense

that Officer Barton was losing control. ECF 34 at 110-11.

After he was left alone in the padded cell, Huff began kicking the cell door. ECF

41 at 12:26. In response, Officer Barton returned and forced Huff to the floor. Id. Huff

was then handcuffed and strapped to a chair. Id. at 12:26-29. Huff made a reference to

Officer Tabler’s son’s life, which Officer Tabler understood as a threat to his family. ECF

34 at 173-74. About an hour later, Huff was placed in a van and transferred to the Starke

County Jail. ECF 41 at 13:40. As a result of the use of force, Huff suffered lacerations,

bruises, and soreness on the head, neck, ribs, back, and extremities but never requested

medical attention for them. ECF 34 at 95-96.

STANDARD OF REVIEW

Summary judgment must be granted when “there is no genuine dispute as to

any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.

court should not adopt that version of the facts for purposes of ruling on a motion for summary

judgment.”).

Civ. P. 56(a). A genuine dispute of material fact exists when “the evidence is such that a

reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty

Lobby, Inc., 477 U.S. 242, 248 (1986). In determining whether summary judgment is

appropriate, the deciding court must construe all facts in the light most favorable to the

non-moving party and draw all reasonable inferences in that party’s favor. Ogden v.

Atterholt, 606 F.3d 355, 358 (7th Cir. 2010).

DISCUSSION

Huff alleges that Stephen Tabler, Steven Sewell, and Seth Barton punished him in

violation of the Fourteenth Amendment on June 14, 2017, by using excessive force and

by transferring him from Pulaski County Jail to Starke County Jail. “[T]he Fourteenth

Amendment’s Due Process Clause prohibits holding pretrial detainees in conditions

that amount to punishment.” Mulvania v. Sheriff of Rock Island Cty., 850 F.3d 849, 856 (7th

Cir. 2017). “[P]unishment can consist of actions taken with an expressed intent to

punish,” or, “in the absence of an expressed intent to punish, a pretrial detainee can

nevertheless prevail by showing that the actions are not rationally related to a

legitimate nonpunitive governmental purpose or that the actions appear excessive in

relation to that purpose.” Kingsley v. Hendrickson, 135 S. Ct. 2466, 2473 (2015). A pretrial

detainee can “prevail by providing only objective evidence that the challenged

governmental action is not rationally related to a legitimate governmental objective or

that it is excessive in relation to that purpose.” Id.

“A court must make this determination from the perspective of a reasonable

officer on the scene, including what the officer knew at the time, not with the 20/20

vision of hindsight.” Id. “A court must also account for the legitimate interests that stem

from the government’s need to manage the facility in which the individual is detained,

appropriately deferring to policies and practices that in the judgment of jail officials are

needed to preserve internal order and discipline and to maintain institutional security.”

Id. “Considerations such as the following may bear on the reasonableness or

unreasonableness of the force used: the relationship between the need for the use of

force and the amount of force used; the extent of the plaintiff’s injury; any effort made

by the officer to temper or to limit the amount of force; the severity of the security

problem at issue; the threat reasonably perceived by the officer; and whether the

plaintiff was actively resisting.” Id.

Huff argues that he was entitled to disobey the order to return to his cell because

it was an unlawful order. He states that he was constitutionally entitled to an hour out

of his cell. He further argues that the defendants’ use of force from the time they

approached him in the dayroom was excessive because he made no attempt to fight

them and did not pose a threat. Based on these arguments, it appears that Huff

misunderstands the balance between his rights as a detainee and the governmental

interest in maintaining order, discipline, and safety in a detention facility.

When an order is given to an inmate there are only so many choices

available to the correctional officer. If it is an order that requires action by

the institution, and the inmate cannot be persuaded to obey the order,

some means must be used to compel compliance, such as a chemical agent

or physical force. While experts who testified on behalf of the plaintiffs,

suggested that rather than seek to enforce orders, it was possible to leave

the inmate alone if he chooses not to obey a particular order, and wait him

out, experience and common sense establish that a prison cannot be

operated in such a way.

Discipline in a maximum security correctional institution no doubt is

difficult, but it is essential if the prison is to function and provide for the

care, safety and security of the staff and inmates. Services to provide food,

clothing, health, medical, cleaning, laundry and all other services would

come to end without discipline. Mob rule would take over. There would

not, and could not, be any protection for staff or inmates. Orders given

must be obeyed. Inmates cannot be permitted to decide which orders they

will obey, and when they will obey them. Someone must exercise

authority and control. One can quickly reason what would happen in a

maximum security prison without proper discipline.

Soto v. Dickey, 744 F.2d 1260, 1267 (7th Cir. 1984). While the Pulaski County Jail is not a

maximum security prison, the same basic principles apply. Detainees cannot be allowed

to disobey orders based on their personal understanding of constitutional law, and,

when detainees refuse to disobey orders, jail officials have limited options at their

disposal to maintain discipline and security. As such, when Huff refused to return to

his cell, the defendants were entitled to use a reasonable amount of force to move Huff

regardless of whether Huff attempted to physically harm them.

After reviewing the record, the court finds that no reasonable juror could

conclude that the defendants used an unreasonable amount of force against Huff. The

parties largely agree on the sequence of events, and it is clear from the record that Huff

did not simply disobey orders but actively resisted the defendants’ efforts in escorting

him around the jail, placing and removing handcuffs, and securing him in a padded

cell. The defendants also stopped using force immediately after completing each of their

objectives. Though Huff suggests that, at times, the defendants used more force than

necessary, moving detainees around the jail and securing them as they physically resist

is not an exact science, and the record indicates that the defendants’ use of force was

reasonably tailored to that end. Further, while Huff suffered some injuries, none of

them required medical attention.

The only portion of the video surveillance recording that raises any concern is

the few seconds when another officer obstructed the view of the camera as Officer

Barton delivered the distraction strike to Huff. However, despite the obstructed view,

the record shows that the strike did not cause significant injury to Huff or even cause

him to vocalize his pain. Though Officer Barton and Huff do not agree on why Huff

began to tense up or on the degree of control Officer Barton had over Huff at this

particular time, the court must bear in mind that the relevant perspective is that “of a

reasonable officer on the scene, including what the officer knew at the time.” Kingsley v.

Hendrickson, 135 S. Ct. 2466, 2473 (2015); Burton v. City of Zion, 901 F.3d 772, 780 (7th Cir.

2018). At this time, Officer Barton knew that Huff had actively resisted correctional staff

since they approached him in the dayroom. Consequently, Officer Barton’s belief that

Huff intended to start actively resisting again and that he did not have adequate control

over Huff was reasonable. Based on this reasonable belief, the decision to deliver a

minimally harmful distraction strike was also reasonable and consistent with the goal of

maintaining discipline and security.

The court has also examined other cases considering whether applications of

force were reasonable as a matter of law:

 In Stubblefield v. Jones, 2015 WL 2128602 (N.D. Ill. 2015), jail officers

escorted a detainee to his cell with handcuffs, leg shackles, and a

three-foot chain connecting them. When they arrived at the cell,

they removed the leg shackles and fed the chain through the

chuckhole in accordance with the facility’s procedure for removing

handcuffs. The detainee did not cooperate with the efforts to

remove his handcuffs, and the officers yanked the chain for the

purpose of maneuvering the detainee’s hands through the

chuckhole. While the detainee suffered cuts and scrapes, he did not

suffer broken bones or need stitches. The court granted summary

judgment against the detainee, reasoning that jail officers are

entitled to use reasonable force to compel compliance with orders

and that no reasonable jury could find that this use of force was

unreasonable or intended to punish.

 In King v. Evans, 230 F. Supp. 3d 874 (N.D. Ill. 2016), a police officer

represented that, when an arrestee started spitting in his face, he

grabbed her head firmly and applied pressure to her nose for two

or three seconds, which resulted in no significant injuries. The court

denied an arrestee’s motion for summary judgment against police

officers, reasoning the police officers disputed the arrestee’s

characterization of herself as a passive resister and that police

officers were entitled to use reasonable force even against those

who were only passively resisting arrest.

 In Karkoszka v. Dart, 2016 WL 164331 (N.D. Ill. 2016), a detainee

actively resisted the jail officers attempt to place him in handcuffs,

and they used pepper spray on him to compel compliance.

However, the court denied the motion for summary judgment

because the parties disputed whether the jail officers continued to

assault the detainee after he was placed in handcuffs and secured

in his cell.

 In Williams v. Stauche, 709 F. App’x 830 (7th Cir. 2017), a detainee

attested that, when he arrived at the jail in a wheelchair, jail officers

rammed him into several objects, slammed him into the wall to

remove him from his wheelchair without asking him to stand, and

dropped him on his cell floor after a pat down search. The Seventh

Circuit reversed the district court’s grant of summary judgment to

the jail officers, reasoning that a dispute of material fact existed

because the jail officers denied the detainee’s attestations and

offered no reasonable justification for the alleged force.

 In Lancour v. Parshall, 2017 WL 2198195 (W.D. Wis. 2017), after a

police officer spoke to an arrestee through the open door of another

officer’s vehicle, the officer entered the vehicle and placed the

arrestee’s head in a pressure hold because he believed that the

arrestee intended to spit on him based on the arrestee’s agitated

state. The court denied the officer’s motion for summary judgment,

noting the absence of any particular basis to believe that the

arrestee intended to spit and the availability of reasonable

alternatives, including closing the vehicle door or not entering the

vehicle.

The facts of this case more closely resemble those in Stubblefield and King because, here,

the defendants had a legitimate basis to use some force against Huff when he actively

resisted their efforts to escort and secure him in his cell. By contrast, the facts of this case

are unlike the facts of Karkoszka because no evidence suggests that the defendants

continued applying force after securing Huff in the cell. Further, unlike Williams, the

record does not suggest that the use of force against Huff was entirely gratuitous, and,

unlike Lancour, the defendants had a reasonable basis to believe that force was

necessary to compel compliance with no reasonable alternative option for achieving

that end without the use of force. Consequently, the court’s finding that no reasonable

juror could conclude that the defendants used an unreasonable amount of force against

Huff is consistent with the decisions of other federal courts.

The defendants’ interest in maintaining discipline and security also justifies the

transfer to Starke County Jail, particularly in light of Huff’s personal animosity to jail

staff as demonstrated by his references to Officer Tabler’s family as well as his spiteful

demeanor toward the defendants throughout the incident. Therefore, the court grants

summary judgment on Huff’s Fourteenth Amendment claim against the defendants,

and there are no remaining claims in this case.

Finally, the defendants argue that, even if they committed a constitutional

violation, they would be entitled to qualified immunity. “The doctrine of qualified

immunity protects government officials from liability for civil damages insofar as their

conduct does not violate clearly established statutory or constitutional rights of which a

reasonable person would have known.” Pearson v. Callahan, 555 U.S. 223, 231 (2009).

There is a two-part inquiry for determining whether the defense applies: (1) whether

the facts alleged by the plaintiff show that the defendants violated a constitutional right;

and (2) whether that constitutional right was clearly established at the time of the

alleged violation. Id. This does not require inquiry into the defendant’s subjective intent.

Harlow v. Fitzgerald, 457 U.S. 800, 816-18 (1982). Instead, the question is one of “the

objective reasonableness of an official’s conduct, as measured by reference to clearly

established law.” Id. at 818. In Kingsley v. Hendrickson, 135 S. Ct. 2466, 2473 (2015), the

Supreme Court of the United States articulated the objective reasonableness standard

and the relevant factors for claims of excessive force asserted by pretrial detainees, and

Kingsley continues to serve as the seminal case for such claims. As detailed above, the

court finds that the defendants’ conduct was consistent with Kingsley. Therefore, even if

the defendants violated Huff’s rights under the Fourteenth Amendment, they would be

entitled to summary judgment against Huff based on qualified immunity.

For these reasons, the court:

(1) GRANTS the motion for summary judgment (ECF 36); and

(2) DIRECTS the clerk to enter judgment and to close this case.

SO ORDERED on July 31, 2019

/s/ JON E. DEGUILIO

JUDGE

UNITED STATES DISTRICT COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.