Opinion

Watkins v. Copeland

Court
District Court, W.D. North Carolina
Filed
Nov 4, 2022
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

CIVIL CASE NO. 5:19-cv-00162-MR

VAN BRETT PIERRE WATKINS, )

)

Plaintiff, )

) MEMORANDUM OF

vs. ) DECISION AND ORDER

)

DERRICK COPELAND, et al., )

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court on Defendants’ Motion for Summary

Judgment [Doc. 58].

I. BACKGROUND

The incarcerated Plaintiff Van Brett Pierre Watkins (“Watkins” or

simply, “the Plaintiff”), proceeding pro se, filed this action pursuant to 42

U.S.C. § 1983 addressing incidents that allegedly occurred at the Alexander

Correctional Institution.1 The unverified Complaint was dismissed on initial

review, but the unverified Amended Complaint passed initial review for the

use of excessive force against Defendants Derrick A. Copeland, a

correctional sergeant; and Shelby N. Howell, Nicholaus P. Teague, and

1 The Plaintiff is presently housed at the North Carolina Central Prison.

Christopher A. Johnson,2 correctional officers.3 [Doc. 12: Am. Compl.; Doc.

13: Order on Initial Review]. The Plaintiff seeks compensatory and punitive

damages.

The Defendants have now filed a Motion for Summary Judgment and

supporting Declarations. [Doc. 58: MSJ; Docs. 59-1, 59-2, 59-3, 59-4:

Declarations]. The Court notified the Plaintiff of the opportunity to respond

to Defendants’ Motion and to present evidence in opposition pursuant to Fed.

R. Civ. P. 56. [Doc. 62: Roseboro4 Order]. The Plaintiff filed a verified

Response to which he has attached records, and a verified Supplemental

Response.5 [See Doc. 63: MSJ Response; Doc. 64: Supp. MSJ Response].

The Defendants filed a Notice informing the Court that they do not intend to

reply. [Doc. 65: Notice]. Having been fully briefed, this matter is ripe for

disposition.

2 Johnson is identified as an “unknown … officer” in the Amended Complaint. [Doc. 12:

Am. Compl. at 12].

3 All of the Defendants’ titles are the ones they held at the time of the incident at issue.

Neither the Complaint nor the Amended Complaint is verified. [Doc. 1: Complaint; Doc.

12: Am. Compl.].

4 Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).

5 This pleading is titled “Reaffirm.”

II. STANDARD OF REVIEW

Summary judgment shall be granted “if the movant shows that there is

no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ. P. 56(a). A factual dispute is

genuine “if 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). A fact is material only if it might affect the outcome of the suit under

governing law. Id.

The movant has the “initial responsibility of informing the district court

of the basis for its motion, and identifying those portions of the pleadings,

depositions, answers to interrogatories, and admissions on file, together with

the affidavits, if any, which it believes demonstrate the absence of a genuine

issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)

(internal citations omitted).

Once this initial burden is met, the burden shifts to the nonmoving

party. The nonmoving party “must set forth specific facts showing that there

is a genuine issue for trial.” Id. at 322 n.3. The nonmoving party may not

rely upon mere allegations or denials of allegations in his pleadings to defeat

a motion for summary judgment. Id. at 324. Rather, the nonmoving party

must oppose a proper summary judgment motion with citation to

“depositions, documents, electronically stored information, affidavits or

declarations, stipulations …, admissions, interrogatory answers, or other

materials” in the record. See id.; Fed. R. Civ. P. 56(c)(1)(a). Namely, the

nonmoving party must present sufficient evidence from which “a reasonable

jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at

248. To that end, only evidence admissible at trial may be considered by the

Court on summary judgment. Kennedy v. Joy Technologies, Inc., 269 F.

App’x 302, 308 (4th Cir. 2008) (citation omitted).

When ruling on a summary judgment motion, a court must view the

evidence and any inferences from the evidence in the light most favorable to

the nonmoving party. Anderson, 477 U.S. at 255. Facts, however, “must be

viewed in the light most favorable to the nonmoving party only if there is a

‘genuine’ dispute as to those facts.” Scott v. Harris, 550 U.S. 372, 380, 127

S.Ct. 1769, 1776 (2007). As the Supreme Court has emphasized,

“[w]hen the moving party has carried its burden under

Rule 56(c), the opponent must do more than simply

show there is some metaphysical doubt as to the

material facts …. Where the record taken as a whole

could not lead a rational trier of fact to find for the

nonmoving party, there is no ‘genuine issue for trial.’”

Matsushita Elec. Industrial Co. v. Zenith Radio Corp.,

475 U.S. 574, 586-87, 106 S. Ct. 1348 (1986)

(footnote omitted). “[T]he mere existence of some

alleged factual dispute between the parties will not

defeat an otherwise properly supported motion for

summary judgment; the requirement is that there be

no genuine issue of material fact.” Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 247-28, 106 S. Ct.

2505 (1986). 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 court should not adopt that version

of the facts for purposes of ruling on a motion for

summary judgment.

Scott, 550 U.S. at 380.

III. FACTUAL BACKGROUND

Viewing the forecast of evidence in the light most favorable to the

Plaintiff, the following is a summary of the relevant facts.

On January 6, 2019, the Plaintiff was the subject of an unprovoked

attack by another inmate in the Alexander CI dining hall. [Doc. 63: MSJ

Response at ¶¶ 2, 6-8; Doc. 64: Supp. MSJ Response at ¶ 1; Doc. 59-2:

Copeland Decl. at ¶ 7(b)]. A “Code 4” was called and staff responded to

break up the disturbance. [Doc. 59-1: Howell Decl. at ¶ 7(c); Doc. 59-3:

Teague Decl. at ¶ 7(a); Doc. 59-4: Johnson Decl. at ¶ 7(a)].

When officers arrived, the Plaintiff did not put up his hands or take a

defensive fighting stance; he was pepper sprayed while yelling that he was

innocent. [Doc. 63: MSJ Response at ¶¶ 6-8; Doc. 64 Supp. MSJ Response

at ¶ 1]. Officer Howell “beat[ ]” the Plaintiff after he was “cuffed.” [Doc. 63:

MSJ Response at ¶ 9; Doc. 64: Supp. MSJ Resp. at ¶ 7].6

As the officers escorted the Plaintiff out of the dining hall, the Plaintiff

was “driven in[to]” stools and tables; he was “forcibly” placed on the floor

while officers attempted to pick him up to carry him; and he was “dropped to

the floor again” because he was “to[o] heavy for the out of shape prison

guards.” [Doc. 63: MSJ Response at ¶¶ 13-15]. On the walk to the restrictive

housing unit, the leg irons were “cutting/hurting” the Plaintiff’s ankles. [Doc.

63: MSJ Response at ¶ 15].7

Once at restrictive housing, the Plaintiff was placed in the shower for a

strip search and decontamination. Officer Johnson sprayed the Plaintiff with

mace in the shower, even though the Plaintiff “posed no threat” to officers or

himself. Officer Johnson told the Plaintiff to “beg” if he wanted to be

6 The Defendants deny the Plaintiff’s version of events, stating that the Plaintiff and the

inmate who attacked him defied verbal commands and continued to fight and resist

restraints even after OC pepper spray was administered; that the Plaintiff was struck with

a baton in a “green zone area” to break up the fight; and that no staff member used baton

strikes after the Plaintiff was restrained with handcuffs. At this stage of the proceedings,

however, the Court must view the forecast of evidence in the light most favorable to the

Plaintiff.

7 The Defendants deny intentionally running the Plaintiff into steel tables or stools. The

Defendants admit that the Plaintiff was lowered to the ground so that they could attempt

to carry him using a four-man carry protocol; however, they deny that he was ever

dropped or that any excessive force was used upon him during this incident.

decontaminated. [Doc. 63: MSJ Response at ¶¶ 18-19; Doc. 64: Supp. MSJ

Response at ¶ 6].8

Among the exhibits filed by the Plaintiff is an Investigating Officer’s

Report indicating that a disciplinary charge against the Plaintiff for the

January 6, 2019 incident was dismissed because the Plaintiff was “defensive

during the incident and never [was] the aggressor.” [Doc. 63-1: Plaintiff’s

MSJ Ex at 139].

Although the parties refer to video of the incident, and to still images of

the Plaintiff’s injuries, no such evidence has been filed with the Court. [See

Doc. 59: MSJ Memo. at 10; Doc. 64: Supp. MSJ Response at ¶ 3].

IV. DISCUSSION

The Eighth Amendment prohibits the infliction of “cruel and unusual

punishments,” U.S. Const. Amend. VIII, and protects prisoners from the

“unnecessary and wanton infliction of pain.” Whitley v. Albers, 475 U.S. 312,

319 (1986). To establish an Eighth Amendment claim, an inmate must

8 According to the Defendants the Plaintiff became “verbally aggressive and non-

compliant” during the strip search and decontamination shower because the Plaintiff felt

the process was not moving fast enough. [Doc. 59-4: Johnson Decl. at ¶ 7(h)]. They

further contend that the Plaintiff was observed pulling an unknown substance from his

rectum area, removing it from a wrapper, and quickly swallowing it, an act which the

Plaintiff denies. The Defendants further deny that Officer Johnson made the Plaintiff beg

for water or that any of the Defendants used excessive force at any time during this

incident. At this stage, however, the Plaintiff’s version of events must be accepted as

true.

satisfy both an objective component (that the harm inflicted was sufficiently

serious) and a subjective component (that the prison official acted with a

sufficiently culpable state of mind). Williams v. Benjamin, 77 F.3d 756, 761

(4th Cir. 1996). In adjudicating an excessive force claim, the Court must

consider such factors as the need for the use of force, the relationship

between that need and the amount of force used, the extent of the injury

inflicted, and, ultimately, whether the force was “applied in a good faith effort

to maintain or restore discipline, or maliciously and sadistically for the very

purpose of causing harm.” Whitley, 475 U.S. at 320-21.

The Plaintiff has presented a sufficient forecast of evidence from which

a reasonable jury could conclude that he was subjected to excessive force

by the Defendants in violation of his constitutional rights. Moreover, because

genuine disputes of material fact exist regarding whether the Defendants

violated the Plaintiff’s constitutional right to be free from excessive force, the

Defendants are not entitled to qualified immunity at this time. See E.W. ex

rel. T.W. v. Dolgos, 884 F.3d 172, 178 (4th Cir. 2018); Hudson v. McMillian,

503 U.S. 1, 5-10 (1992). Accordingly, the Court concludes that, on the record

presently before it, the Defendants are not entitled to judgment as a matter

of law. Therefore, the Defendants’ motion for summary judgment is denied.

IV. CONCLUSION

For the reasons stated herein, Defendants’ Motion for Summary

Judgment is denied.

The Court intends to refer this case to a United States Magistrate

Judge for the purpose of conducting a Judicial Settlement Conference. Any

party not wishing to participate in a Judicial Settlement Conference shall file

written objections within fourteen (14) days of this Order.

ORDER

IT IS, THEREFORE, ORDERED that Defendants’ Motion for Summary

Judgment [Doc. 58] is DENIED.

IT IS FURTHER ORDERED that any party not wishing to participate in

a Judicial Settlement Conference shall file written objections so informing the

Court within fourteen (14) days of this Order.

IT IS SO ORDERED.

Signed: November 4, 2022

Sos Cy

Chief United States District Judge Ale

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.

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