# Streeter v. Harris

> District Court, W.D. North Carolina · February 12, 2024

URL: https://www.frixlaw.com/law-library/cases/10260719

## Case

- **Court:** District Court, W.D. North Carolina
- **Decided:** February 12, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10260719

## How later opinions describe it (automated extraction)

- holding that a district court is to consider verified prisoner complaints as affidavits on summary judgment “when the allegations contained therein are based on personal knowledge”

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:22-cv-00511-MR

FAITH SHERRIE STREETER, )
)
Plaintiff, )
) MEMORANDUM OF
vs. ) DECISION AND ORDER
)
)
RONALD HARRIS, et al., )
)
Defendants. )
___________________________ )

THIS MATTER comes before the Court on Defendants’ Motion for
Summary Judgment. [Doc. 35].
I. PROCEDURAL BACKGROUND
On September 28, 2022, Plaintiff Faith Sherrie Streeter (“Plaintiff”),
proceeding pro se, filed this action through an unverified Complaint pursuant
to 42 U.S.C. § 1983 for the violation of her civil rights. [Doc. 1]. Plaintiff’s
claims under the Eighth Amendment for excessive force and cruel and
unusual punishment, civil conspiracy under § 1983, and negligence passed
initial review. [Doc. 10]. Plaintiff alleged that, on July 31, 2022, Defendant
Ronald Harris, Charles River, and Katelyn Guild used excessive force in
removing her from the shower area at Anson Correctional Institution (“Anson
CI”) in Polkton, North Carolina, and conspired to deprive her of a
decontamination shower after she was pepper sprayed. [Doc. 1 at 3-4].

Plaintiff alleged to have suffered injury to her left shoulder, “emotional
duress,” and anxiety from the alleged incident. [Id. at 8].
On November 15, 2023, Defendants filed a Motion for Summary

Judgment. [Doc. 35]. Defendants argue that summary judgment should be
granted because they did not violate Plaintiff’s constitutional rights and
because qualified immunity bars Plaintiff’s claim against Defendants. [Doc.
36]. In support of their summary judgment motion, Defendants submitted a

brief, their own Declarations, a Declaration of Counsel, the Incident Report,
Plaintiff’s disciplinary records from the incident, the North Carolina
Department of Public Safety (NCDPS)1 and Anson CI Use of Force Policies,

and Plaintiff’s Offender Information Sheet and prison infraction records.
[Docs. 35-37, 37-1 to 37-10].
Thereafter, the Court entered an order in accordance with Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the requirements

for filing a response to the summary judgment motion and of the manner in
which evidence could be submitted to the Court. [Doc. 38]. The Plaintiff was

1 The North Carolina Department of Adult Corrections (NCDAC) has since replaced the
NCDPS.
specifically advised that she “may not rely upon mere allegations or denials
of allegations in his pleadings to defeat a summary judgment motion.” [Id. at

2]. Rather, she must support her assertion that a fact is genuinely disputed
by “citing to particular parts of materials in the record, including depositions,
documents, electronically stored information, affidavits or declarations,

stipulations (including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials.” [Id. (citing Fed. R.
Civ. P. 56(c)(1)(a))]. The Court further advised that:
An affidavit is a written statement under oath; that is,
a statement prepared in writing and sworn before a
notary public. An unsworn statement, made and
signed under the penalty of perjury, may also be
submitted. Affidavits or statements must be
presented by Plaintiff to this Court no later than
fourteen (14) days from the date of this Order and
must be filed in duplicate.

[Id. at 3-4 (citing Fed. R. Civ. P. 56(c)(4))].
In response to Defendants’ motion, Plaintiff filed a Memorandum and
“Opposing Statement of Facts” [Docs. 39, 40], neither of which were
submitted under penalty of perjury [see id.].2 Moreover, as noted, Plaintiff’s
Complaint was not verified or otherwise submitted under penalty of perjury

2 Plaintiff also submitted an “Appendix” listing various exhibits, including her medical
records. [Doc. 41]. Plaintiff, however, did not submit any such exhibits in opposition to
Defendants’ motion.
and, therefore, cannot be considered for its evidentiary value here. See
Goodman v. Diggs, 986 F.3d 493, 498-99 (4th Cir. 2021) (holding that a

district court is to consider verified prisoner complaints as affidavits on
summary judgment “when the allegations contained therein are based on
personal knowledge”). Thus, in terms of evidentiary forecast, Defendants’ is

unrefuted.
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). Courts “need

not accept as true unwarranted inferences, unreasonable conclusions, or
arguments.” Eastern Shore Mkt. Inc. v. J.D. Assoc.’s, LLP, 213 F.3d 174,
180 (4th Cir. 2000). 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; accord Sylvia Dev. Corp. v. Calvert County, Md.,
48 F.3d 810, 818 (4th Cir. 1995).
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).

III. FACTUAL BACKGROUND
Defendant’s uncontroverted forecast of evidence shows the following.
On or about October 27, 2021, apparently while incarcerated, Plaintiff

was convicted of Malicious Conduct by a Prisoner in Wake County, North
Carolina. She was sentenced to a term of imprisonment of three years and
five months. [Doc. 37-2 at 1]. Plaintiff is scheduled to be released on
February 13, 2024. [Id.]. Since that conviction, Plaintiff has received 52

disciplinary convictions while incarcerated, including 12 convictions for
disobeying orders, seven for flooding her cell, six for assaulting or
threatening to assault staff, and five for lock tampering. [Doc. 37-3].

At the relevant time, Defendant Harris was a Correctional Captain at
Anson CI [Doc. 37-8 at ¶ 3: Harris Dec.], Defendant Rivers was a
Correctional Sergeant [Doc. 37-9 at ¶ 3: Rivers Dec.], and Defendant Guild
was a Correctional Officer [Doc. 37-10 at ¶ 3: Guild Dec.]. Defendants Harris

and Rivers remain at those positions at Anson CI. [Docs. 37-8 at ¶ 3, 37-9
at ¶ 3].
On July 31, 2022, at approximately 5:00 p.m., Plaintiff flooded her cell

by clogging her toilet. [Doc. 37-9 at ¶ 4]. Plaintiff was placed in restraints
and taken to a locking shower unit on the top mezzanine of A Pod so that
staff could safely enter her cell to remove her property and clean up the

water. [Id. at ¶ 5]. The shower controls in the shower unit had been broken
for some time, allowing Plaintiff to turn on the water and keep it running “and
add to what she had already been able to flood with her toilet.” [Doc. 37-10

at ¶ 6]. Defendant Rivers told Defendant Guild that Plaintiff had flooded her
cell and that he needed Defendant Guild and Officer Heh to pack up her
property. [Id. at ¶ 4]. After Defendant Guild and Officer Heh packed up
Plaintiff’s property, they, along with Defendant Rivers, approached the

shower unit to bring Plaintiff back to her cell. [Doc. 37-9 at ¶ 7]. They
discovered that Plaintiff had freed herself from the handcuffs and thrown
them on the pipes above her head. [Id. at ¶ 8; Doc. 37-10 at ¶ 7]. Defendants

Guild and Rivers, and Officer Heh all individually directed Plaintiff to stop
spitting at them, to stop using her hands in a “scoop like manner to throw
water at [them],” to stop manipulating the shower head to continue the
flooding, and to stand at the wicket port to be handcuffed and escorted back

to her cell. [Doc. 37-10 at ¶ 8; Doc. 37-9 at ¶ 9]. Plaintiff disobeyed all
orders. [Id. at ¶ 9]. Officer Heh gave her a loud and clear directive to stand
at the wicket and Plaintiff replied, “fuck you bitch.” [Id.]. Officer Heh

administered pepper spray in a quick burst while Plaintiff was standing under
running water. [Id.]. When Plaintiff saw Officer Heh raise the canister, she
covered her face with her hands. [Id. at ¶ 10]. Plaintiff then rinsed her hands

and began rinsing off her face and body, decontaminating herself while in
the shower. [Id.; Doc. 37-8 at ¶ 11]. Officer Heh asked Plaintiff, “are you
going to comply?” Plaintiff approached the door with her hands near the

wicket and said, “what does it look like you dumb bitch.” The wicket was
opened, and Plaintiff was restrained behind her back. [Doc. 37-10 at ¶ 10].
When Plaintiff left the shower, her clothes and body were completely wet.
[Doc. 37-8 at ¶ 11]. Defendant Guild began to escort Plaintiff directly to the

Hoke unit pharmacy where medical staff would evaluate her. [Doc. 37-10 at
¶ 11]. As Defendant Guild escorted Plaintiff, she heard what sounded like a
“bone popping” coming from the area of Plaintiff’s handcuffs. [Id. at ¶ 12].

When Defendant Guild leaned back to inspect, she saw Plaintiff contorting
her hand in an attempt to escape her restraints. [Id. at ¶ 13]. Defendant
Guild placed Plaintiff against the wall to maintain control to fix and properly
place the restraints. [Id. at ¶ 14]. Defendant Guild then placed Plaintiff in a

soft hand escort and continued to walk, directing Plaintiff to do the same.
Plaintiff continued to attempt to break free from the restraints. [Id. at ¶ 15].
After having attempted to retrieve his handcuffs from the shower area,

Defendant Rivers assisted Defendant Guild in escorting Plaintiff. [Id. at ¶
16].
When they entered the pharmacy, Defendants Guild and Rivers

assisted Plaintiff onto the treatment bed in a sitting position while Nurse
Bradley began her assessment. [Id. at ¶ 17]. Plaintiff was actively trying to
slip from Defendant Guild’s soft hand grip and then headbutted Defendant

Guild. [Id. at ¶¶ 17, 19]. Defendant Guild lost her grip on the Plaintiff and
Plaintiff was able to free her left hand from the restraints. [Id. at ¶ 20]. When
Plaintiff attempted to “move forcefully off the patient bed,” Defendants Guild
and Rivers were able to subdue her in a partial prone position on the bed.

[Id. at ¶ 21]. Another prison official who witnessed these events from a
corridor outside the pharmacy went to the next unit to get Officers Tillman
and Harrington to assist. [Id.]. While restrained to the bed, Plaintiff continued

to actively resist. [Id. at ¶ 22]. Defendant Guild held Plaintiff’s left arm behind
her back and Defendant Rivers held her right, both with the appropriate force
to meet Plaintiff’s continued resistance. [Id. at ¶ 23; Doc. 37-9 at ¶¶ 18-19].
When Officer Tillman arrived, she was able to resecure the restraints on

Plaintiff. [Doc. 37-9 at ¶ 20]. Another staff member brought a set of full
restraints to the pharmacy, which included a waist chain, black box, lock, and
leg restraints. [Id.]. Plaintiff was placed in full restraints and Nurse Bradley

finished her examination. [Id. at ¶ 21].
Defendants Guild and Rivers and Officer Tillman began escorting
Plaintiff back to A Pod. [Doc. 37-10 at ¶ 26]. Defendant Guild was holding

her left arm, Defendant Rivers was holding her right arm, and Officer Tillman
was directly behind her. [Id. at ¶ 27]. Plaintiff “hock[ed] her spit” multiple
times, looking in Defendant Guild’s direction. At one point, Plaintiff made a

motion “like she was going to follow through.” [Id. at ¶ 28]. Officer Tillman
hollered, “Guild watch out,” and Defendant Guild, while maintaining control
of Plaintiff with her right arm, reached out with her left arm “to guide
[Plaintiff’s] face away from [Guild’s] direction to prevent being spit on.” [Id.

at ¶ 29]. Defendant Guild was able to shield the spit away from her face [Id.
at ¶ 30] and then Defendants Guild and Rivers and Officer Tillman placed
Plaintiff against the wall to maintain control of her until she demonstrated that

she would follow orders to stop attempting to spit on Defendant Guild and
walk to her cell [Id. at ¶ 31]. Plaintiff verbally agreed to cooperate and was
escorted back to her cell without further incident. [Id. at ¶ 32].
IV. DISCUSSION

A. Eighth Amendment
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
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).

This subjective standard requires proof of malicious or sadistic action
by a prison official to make out an excessive force claim. This is because
prison “[o]fficials are entitled to use appropriate force to quell prison
disturbances.” Williams, 77 F.3d at 761. “Because officials must act ‘in

haste, under pressure, and frequently without the luxury of a second chance,’
deliberate indifference is not a sufficiently rigorous standard.” Id. (citing
Whitley, 475 U.S. at 320). “Rather, in these circumstances, in order to make

out an Eighth Amendment claim, a prisoner must demonstrate that officials
applied force maliciously and sadistically for the very purpose of causing
harm.” Id. (internal quotations and citation omitted).
Moreover, “[c]orrectional officers do not have to be under physical

attack to justify the use of force; they can also use appropriate force ‘to
preserve internal order by compelling compliance with prison rules and
procedures.’” Shiheed v. Harding, 802 Fed. App’x 765, 767 (4th Cir. 2020)

(quoting Brooks v. Johnson, 924 F.3d 104, 112 (4th Cir. 2019)). “‘And we
owe officers wide-ranging deference in their determinations that force is
required to induce compliance with policies important to institutional

security.’” Id. (quoting Brooks, 924 F.3d at 112).
The forecast of evidence here plainly shows that Defendants Guild and
Rivers used only that force reasonably necessary to gain control of Plaintiff

and restore order. Plaintiff had just flooded her cell, disobeyed multiple
orders before Officer Heh pepper sprayed her, she headbutted Defendant
Guild and slipped her left handcuff, actively resisted while restrained against
the bed, and threatened to and attempted to spit on Defendant Guild. Once

Plaintiff finally abandoned her resistance and obeyed orders, Plaintiff was
escorted to her cell without further incident or use of force. The forecast of
evidence, therefore, does not support that Defendants’ use of force on
Plaintiff was excessive.3 Moreover, there is no forecast of evidence that

Plaintiff suffered any injury from the use of force, that Defendants were
negligent in any respect, or that there was any conspiracy to deprive Plaintiff
of a decontamination shower. As such, there is no genuine issue of material

fact for trial in this case and Plaintiff’s claims will be dismissed.

3 Plaintiff did not name Officer Heh as a Defendant and does not argue that his use of
pepper spray was excessive.
B. Qualified Immunity
“Qualified immunity protects officers who commit constitutional

violations but who, in light of clearly established law, could reasonably
believe that their actions were lawful.” Henry v. Purnell, 652 F.3d 524, 531
(4th Cir. 2011) (en banc). “To determine whether an officer is entitled to

qualified immunity, the court must examine (1) whether the plaintiff has
demonstrated that the officer violated a constitutional right and (2) whether
that right was clearly established at the time of the alleged violation.” E.W.
ex rel. T.W. v. Dolgos, 884 F.3d 172, 178 (4th Cir. 2018) (internal quotation

marks omitted). The doctrine of qualified immunity “gives government
officials breathing room to make reasonable but mistaken judgments and
protects all but the plainly incompetent or those who knowingly violate the

law.” Smith v. Ray, 781 F.3d 95, 100 (4th Cir. 2015) (internal quotation
marks omitted).
Here, because Plaintiff has not presented a forecast of evidence that
Defendants violated a constitutional right, Defendants are entitled to qualified

immunity. As such, summary judgment for Defendants on Plaintiff’s
constitutional claims would also be proper on this ground.
V. CONCLUSION
For the reasons stated herein, the Court will grant Defendants’ motion
for summary judgment.
ORDER
IT IS, THEREFORE, ORDERED that the Defendants’ Motion for
Summary Judgment [Doc. 35] is GRANTED and this action is hereby
DISMISSED with prejudice.
The Clerk is instructed to terminate this action.
IT IS SO ORDERED.

Signed: February 12, 2024

Martifi Reidinger ey
Chief United States District Judge AS

14

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10260719. Public record. Not legal advice.