Coots v. Twilla

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JAMES COOTS,

Plaintiff,

Civil Action 1:22-cv-625

v. Judge Matthew W. McFarland

Magistrate Judge Kimberly A. Jolson

OFFICER TWILLA, et al.,

Defendants.

REPORT AND RECOMMENDATION

Before the Court is Defendants’ Motion for Summary Judgment (Doc. 70). The

Undersigned RECOMMENDS that the Motion be GRANTED.

I. BACKGROUND

Plaintiff, proceeding pro se, brings this action under 42 U.S.C. § 1983 against Defendants,

who are current and former correctional officers at Lebanon Correctional Institution (LeCI).

Plaintiff alleges that on May 7, 2021, while he was incarcerated at LeCI, Defendants used

excessive force against him in violation of the Eighth Amendment. (Doc. 6 at 3).

Defendants do not deny they used force. (Doc. 70 at 2–3). But the parties’ accounts of

how the incident arose differ. Defendants say that on the evening of May 7, 2021, Plaintiff

“stumbl[ed] out of his cell” into the LeCI dayroom and “bump[ed] into other inmates.” (Doc. 70

at 2). Plaintiff’s conduct, according to Defendants, “showed clear signs of intoxication.” (Id.).

Given that, Defendant Straight “called for back-up and ordered Plaintiff to put his hands behind

his back to be restrained with handcuffs.” (Id.). Ultimately, Defendants say Plaintiff did not

comply. (Id.).

For his part, Plaintiff denies that he used substances on May 7 and alleges that just before

his interaction with Defendant Straight, he had a seizure. (Doc. 83 at 1; Doc. 6 at 3; Doc. 6-1 at 2

(stating that he has a seizure disorder)). He further denies that he disobeyed Defendant Straight’s

orders. (Doc. 83 at 2). Instead, Plaintiff says that he tried “to put [his] face mask in place” before

being handcuffed by Defendant Straight. (Id.).

Either way, while Plaintiff attempted to don his face mask, another prison official identified

as Officer Twilla grabbed his right arm and forced it behind his back. (Doc. 70-3, Video at

7:10:29–7:10:38). Then, while Defendant Straight and Officer Twilla pulled his arms, Plaintiff

stumbled backwards and struggled to get free. (Id. at 7:10:39–7:10:47). Quickly, another

unidentified officer arrived and tackled Plaintiff to the ground. (Id. at 7:10:38–7:10:51). Plaintiff

says after that, he lost consciousness, (Doc. 83 at 2), although Defendants claim that Plaintiff

continued to resist while he was on the ground (Doc. 70 at 2–3; Doc. 70-1 at 1, 3, 5, 8, 11, 16).

Eventually, Defendants handcuffed Plaintiff, lifted him to his feet, and carried him to LeCI’s

medical area. (Doc. 70 at 3; Doc. 83 at 2). In total, the incident lasted a few minutes. (See Doc.

70-3, Video at 7:10:26–7:12:43). Even so, Plaintiff says during the altercation, Defendants tore

his right shoulder “from its socket.” (Doc. 6 at 3). He also claims he suffered nerve damage in

that shoulder, permanent damage to his right eye, bruising to his ribs, and post-traumatic stress.

(Id.).

Initially, Plaintiff sued Officer Twilla and Defendants Straight, Emmons, Link, and Nance.

(Doc. 7 at 4 (recommending that Plaintiff may proceed against these individuals on an Eighth

Amendment excessive force claim); Doc. 12 (adopting Doc. 7)). But after multiple attempts,

Officer Twilla could not be served. (See Doc. 8 (ordering service by certified mail); Doc. 28 at 9

(ordering service by certified mail at an updated address provided by Defendants’ counsel); Doc.

57 (ordering the United States Marshal to personally serve Officer Twilla); Doc. 60 (final

unexecuted summons for Officer Twilla)). As a result, she was dismissed from this lawsuit on

February 29, 2024, for failure to timely effect service. (Doc. 62 (recommending she be dismissed);

Doc. 65 (adopting that recommendation, noting Plaintiff did not object, and dismissing her from

this case without prejudice)).

The remaining Defendants moved for summary judgment on June 12, 2024. (Doc. 70 at

3). The matter is now ripe for review. (Docs. 70, 83, 84).

II. STANDARD

Summary judgment is 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. Civ. P. 56(a). Summary

judgment is appropriately entered “against a party who fails to make a showing sufficient to

establish the existence of an element essential to that party’s case, and on which that party will

bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When a

defendant shows there is insufficient evidence to support any element of the plaintiff’s claim and

moves for summary judgment, the burden shifts to the plaintiff to demonstrate a genuine issue for

trial on which a reasonable jury could return a verdict in its favor. Matsushita Elec. Indus. Co. v.

Zenith Radio Corp., 475 U.S. 574, 586–87 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242,

250 (1986). Ultimately, the Court asks “whether the evidence presents a sufficient disagreement

to require submission to a jury or whether it is so one-sided that one party must prevail as a matter

of law.” Liberty Lobby, 477 U.S. at 251–52.

III. DISCUSSION

Plaintiff brings his excessive force claims against Defendants under the Eighth

Amendment’s cruel and unusual punishment clause. Pelfrey v. Chambers, 43 F.3d 1034, 1037–

38 (6th Cir. 1995) (“[A]ll post-conviction excessive force claims are to be raised exclusively under

the Eighth Amendment[.]”). Under this clause, “not every shove or restraint gives rise to a

constitutional violation.” Cordell v. McKinney, 759 F.3d 573, 580 (6th Cir. 2014). Sometimes,

“[t]he maintenance of prison security and discipline . . . require[s] that inmates be subjected to

physical contact actionable as assault under common law.” Combs v. Wilkinson, 315 F.3d 548,

556 (6th Cir. 2002). Therefore, to prove an Eighth Amendment excessive force claim, a prisoner

must satisfy both an objective and a subjective component. Cordell, 759 F.3d at 580. The

objective component “requires the pain inflicted to be sufficiently serious.” Cordell, 759 F.3d at

580 (quoting Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011)) (quotation marks omitted).

The subjective component focuses on the prison official’s state of mind and analyzes “whether

force was applied in a good-faith effort to maintain or restore discipline, or maliciously and

sadistically to cause harm.” Hudson v. McMillan, 503 U.S. 1, 7 (1992). For the subjective

component, the Court considers factors such as (1) “the extent of injury suffered by an inmate,”

(2) the need for force, (3) “the relationship between that need and the amount of force used,” (4)

“the threat reasonably perceived by the responsible officials,” and (5) “any efforts made to temper

the severity of a forceful response.” Hudson, 503 U.S. at 7 (internal quotation and quotation marks

omitted).

The Court must refrain from “unreasonable post hoc judicial second-guessing” of prison

officials’ conduct. Lockett v. Suardini, 526 F.3d 866, 875 (6th Cir. 2008). Because they “make

their decisions in haste, under pressure, and frequently without the luxury of a second chance, [the

Court] must grant them wide-ranging deference” in the actions they take “to preserve internal order

and discipline and to maintain institutional security.” Iacovone v. Wilkinson, No. 2:03-cv-652,

2007 WL 490160, at *8 (S.D. Ohio Feb. 8, 2007) (internal quotation and quotation marks omitted),

report and recommendation adopted, No. 2:03-cv-652, 2007 WL 756649 (S.D. Ohio Mar. 7,

2007). As such, when examining the need for force, “‘the issue . . . is not whether the use of force

was absolutely necessary in hindsight, but whether the use of force could plausibly have been

thought necessary.” Cordell, 759 F.3d at 581 (quoting Griffin v. Hardrick, 604 F.3d 949, 954 (6th

Cir. 2010)).

Although Plaintiff does not discuss each Defendant’s conduct in detail, (see Doc. 83 at 1–

2), he generally asserts that his Eighth Amendment rights were violated three times on May 7.

First, Plaintiff contends that the initial use of force was too much because he complied with

Defendant Straight’s handcuffing order. (Doc. 83 at 2 (“Officer Straight states she was trying to

handcuff me and I was trying to put my face mask in place . . . . There was no reason [for force].”)).

Second, he says that Defendants tackled him for “no reason.” (Id.). Third, he claims Defendants

used excessive force when they “dragged” him with “[hand]cuffs on” while he was unconscious.

(Id.). In response, Defendants argue that Plaintiff cannot satisfy the subjective component of his

Eighth Amendment claims because they “used a reasonable amount of force” in response to his

failure to obey orders. (Doc. 70 at 6). The Court addresses each part of the incident separately.

A. Initial Use of Force

To support their view of how the altercation began, the parties largely rely on video

footage. (See generally Docs. 70, 84 (citing only video footage and unsworn use-of-force reports);

Doc. 83 (mentioning the video only)). Importantly, none of the footage includes audio. Nor does

it capture Plaintiff’s conduct earlier that evening. (Doc. 84 at 2 (acknowledging the video does

“not show the build-up to Defendants instigating physical contact with Plaintiff)). For example,

the video does not show Plaintiff bumping into other inmates, stumbling, or appearing intoxicated,

as Defendants claim. (See Doc. 70 at 2). Similarly, it does not show Defendant Straight’s initial

order for Plaintiff to put his hands behind his back. (Id.).

Instead, the video starts with Plaintiff speaking to Defendant Straight and attempting to put

on a face mask. (See Doc. 70-3, Video at 7:10:29). His left wrist is already handcuffed. (Id.).

Both Plaintiff and Defendant Straight appear calm, and Defendant Straight holds Plaintiff’s left

arm while he works on the face mask. (Id. at 7:10-27–7:10:33). Notably, all the prisoners and

officers in the dayroom also are wearing face masks. (See generally 7:10:29 (showing the dayroom

and its occupants)). Given this footage, Plaintiff’s suggestion that he delayed being handcuffed

just long enough to secure his mask has some support. (Doc. 83 at 2).

Simultaneously, another camera angle shows Officer Twilla running toward Plaintiff. (See

Doc. 70-3, Video at 7:10-27–7:10:33 (showing the dayroom and Officer Twilla on the right side

of the frame)). Once she reaches him, she seizes his right arm and forces it behind his back. (Id.

at 7:10:33–7:10:38). Considering Plaintiff was partially handcuffed and putting on a mask with

his free hand, a reasonable factfinder could conclude Officer Twilla’s immediate use-of-force was

aggressive. See, e.g., Williams, 631 F.3d at 384 (stating the use-of-force was plausibly unnecessary

where prison officials used a chemical agent on a prisoner after he delayed obeying an order to

“pack up” by asking, “What for, sir?”); Cordell, 759 F.3d at 581–82 (finding the force used

disproportionate where the prisoner turned toward a deputy, who, in response, “rammed [the

prisoner] ‘head first into the wall’”). Critically, Officer Twilla is no longer a defendant in this

action. As a result, her conduct is not before the Court.

As for Defendant Straight, the video shows her passively holding Plaintiff’s left arm during

this portion of the incident. (Doc. 70-3, Video at 7:10:33–7:10:38). Based on that, no rational

trier of fact could conclude that Defendant Straight used any force, let alone excessive force,

against Plaintiff at this point. As such, summary judgment is appropriate for this part of the parties’

altercation.

B. Takedown

Next, Plaintiff alleges that Defendants slammed him to the floor for “no reason.” (Doc. 83

at 2). Defendants respond that Plaintiff’s “own resistance resulted in himself and the corrections

officer falling to the ground.” (Doc. 84 at 3). Because the takedown is captured on camera, the

Court need not take either side’s version as true.

In the footage, after Officer Twilla first grabs Plaintiff’s arm, she and Defendant Straight

grapple with him for several seconds as he steps backwards, attempts to pull away, and refuses to

be handcuffed. (Doc. 70-3, Video at 7:10:39–7:10:47). During the struggle, an unidentified officer

helps Officer Twilla and Defendant Straight take Plaintiff to the ground. (Id. at 7:10:48–7:10:50).

Although the takedown could be seen as intentional rather than accidental, Plaintiff still

cannot satisfy the subjective component of his Eighth Amendment claim. Importantly, “prison

officials may use appropriate force to regain control of an aggressive prisoner,” and the video

clearly shows Plaintiff physically resisting efforts to restrain him. Cordell, 759 F.3d at 581; (Doc.

70-3, Video at 7:10:39–7:10:47). Defendants reasonably could have believed that his resistance

posed a threat to them and those present in the dayroom, including other prisoners. Combs, 315

F.3d at 556 (noting that prison officials may use force to maintain “prison security”). Given that,

their decision to take him to the ground must be afforded “wide-ranging deference.” Iacovone,

2007 WL 490160, at *8. And the video shows that the amount of force used was limited to that

plausibly necessary to take him to the ground and subdue him, after other efforts to restrain him

were unsuccessful. See Johnson v. Sootsman, 79 F.4th 608, 620 (6th Cir. 2023) (finding a prison

official’s use-of-force reasonable where, to handcuff a resisting prisoner, the officer pushed him

against the wall, squeezed his neck for two seconds, and brought him to the ground); Griffin, 604

F.3d at 954–55 (finding the force used to take a prisoner to the ground proportionate under the

Eighth Amendment standard where the prisoner was noncompliant and tried to pull away from the

defendant). Therefore, on this record, no reasonable juror could conclude that Defendant Straight

and the other officers tackled Plaintiff “maliciously” or “sadistically” in violation of the Eighth

Amendment. Hudson, 503 U.S. at 7. As such, Defendants are entitled to summary judgment.

C. Dragging

Because he lost consciousness after he hit the floor, Plaintiff argues that Defendants also

used excessive force by “dragg[ing]” him by his handcuffs to the infirmary. (Doc. 83 at 2).

Defendants contend that Plaintiff resisted standing or walking by going “dead weight.” (Doc. 70-

1 at 8–9). In the video, Plaintiff’s face and body cannot be seen while he is on the ground. (Doc.

70-3, Video at 7:10:51–7:11:03 (showing only Plaintiff’s shoes once he is tackled)). So, in the

absence of clear footage demonstrating otherwise, the Court must take Plaintiff’s allegation that

he lost consciousness as true. Ashford v. Raby, 951 F.3d 798, 800 (6th Cir. 2020) (adopting “the

plaintiff’s version of any facts not caught on film”).

Even crediting Plaintiff’s version of events, his allegations again fail to demonstrate that

Defendants acted with the required culpable state-of-mind. The video plainly shows that

Defendants’ actions were far from rough. (Doc. 70-3, Video at 7:12:11–7:12:22). In the footage,

Defendants can be seen struggling to lift Plaintiff to his feet. (Id. at 7:12:05–7:12:13). When it

becomes apparent that Plaintiff cannot support his own weight or walk, some officers hold him by

his shirt, while others try to lift him by his arms. (Id. at 7:12:13–7:12:15). After the officers almost

drop him, (see id. at 7:12:14–7:12:18), they all shift to carry him by his arms (id. at 7:12:17–

7:12:23). Upon review, these methods appear reasonable and necessary to transport Plaintiff

quickly to the infirmary, which Plaintiff admits was “only 25 yards away.” (Doc. 83 at 2). Plus,

nothing in the video supports Plaintiff’s argument that Defendants took this approach or

intentionally positioned his arms to cause him pain. (See Doc. 70-3, Video at 7:12:11–7:12:23;

Doc. 83 at 2 (claiming their dragging was “clearly use of force”)). As a result, this claim also fails.

***

Lastly, the Court recognizes that Plaintiff seemingly suffered painful physical injuries

because of this incident. Medical records cited by the parties suggest he incurred superficial cuts

and bruises and experienced lasting pain to his shoulder and ribs. (Doc. 70-1 at 3–5 (noting

Plaintiff still had swelling in his right hand, chest pain, “black eyes,” a cut above his eye, “left side

pain,” and shoulder pain four days after the incident), 12 (reporting shoulder pain seventeen days

later); Doc. 83 at 2–4 (discussing medical records not attached to Plaintiff’s motion that allegedly

say Plaintiff continued to experience shoulder pain at least a year after the incident); see id. at 4

(claiming he has a scar on his face)). But the seriousness of Plaintiff’s injuries does not decide the

day. See Wilkins v. Gaddy, 559 U.S. 34, 38 (2010) (reiterating courts should consider the extent

of a prisoner’s injury as one factor in the Eighth Amendment analysis). In the end, Plaintiff was

required to put forth some evidence creating a genuine issue of material fact as to whether

Defendants inflicted pain unnecessarily and wantonly, rather than in “a good-faith effort to

maintain or restore discipline.” Hudson, 503. U.S. at 7; see also Miller v. Calhoun Cnty., 408 F.3d

803, 812 (6th Cir. 2005) (noting that when a defendant properly moves for summary judgment,

the non-moving party “must demonstrate a genuine issue of material fact” that a constitutional

violation occurred). Because he did not do so, Defendants are entitled to summary judgment. The

Undersigned therefore does not need to address Defendants’ remaining qualified immunity

arguments. (Doc. 70 at 8–9; Doc. 84 at 4).

IV. CONCLUSION

For the foregoing reasons, the Undersigned RECOMMENDS GRANTING Defendants’

Motion for Summary Judgment. (Doc. 70).

Date: December 18, 2024 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

Procedure on Objections

If any party objects to this Report and Recommendation, that party may, within fourteen

(14) days of the date of this Report, file and serve on all parties written objections to those specific

proposed findings or recommendations to which objection is made, together with supporting

authority for the objection(s). A District Judge of this Court shall make a de novo determination

of those portions of the Report or specific proposed findings or recommendations to which

objection is made. Upon proper objection, a District Judge of this Court may accept, reject, or

modify, in whole or in part, the findings or recommendations made herein, may receive further

evidence, or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C.

§ 636(b)(1). The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to have the district judge review the Report

and Recommendation de novo and also operates as a waiver of the right to appeal the decision of

the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).