Opinion

Robinson v. Lay

Court
District Court, E.D. Arkansas
Filed
Mar 28, 2025
Cited by
0 cases
Authority
More cited than 34.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

DELTA DIVISION

ANTONIO C. ROBINSON

VDC #2166073 PLAINTIFF

No. 2:22-cv-106-DPM

GAYLON LAY, Superintendent, East

Arkansas Regional Unit; CHRISTOPHER |

JOHNSON, Deputy Warden, East

Arkansas Regional Unit; and MICHAEL

RICHARDSON, Deputy Warden, East

Arkansas Regional Unit DEFENDANTS

ORDER

An administrative housing cell in the East Arkansas Regional Unit

measures 85.5 square feet. It has a concrete bed with a mattress. Some

space is taken up by a toilet and a desk. There is a horizontal window,

a long rectangle about as wide as a person’s arm.

Antonio Robinson lived in one of those cells from September 2021

to August 2022. He was there because another inmate had threatened

to kill him. During those eleven months, he was offered one hour of

exercise outside his cell only three or four times. Robinson could and

did leave for showers a few times a week, plus the occasional trip to the

barber or doctor. Otherwise, there he stayed. His cell was within

earshot of mental health inmates who would scream, set fires, and

intentionally flood their toilets. Robinson says his mental health

deteriorated as a result. He attempted suicide by cutting his wrists. He

also says that being forced to lay in his cell with little to no movement

caused back problems.

Superintendent Lay was Warden of the East Arkansas Regional

Unit during that time. Johnson and Richardson were deputy wardens.

Robinson has sued all three, claiming that they deprived him of his

right to be free from cruel and unusual punishment. Both sides have

moved for summary judgment. The Magistrate Judge recommends

dismissal. Robinson filed objections, so the Court’s review is de novo.

Fed. R. Civ. P. 72(b)(3).

A few preliminary matters. Robinson’s official-capacity claims

are barred. Kruger v. Nebraska, 820 F.3d 295, 301 (8th Cir. 2016). And

his claim for injunctive relief—a transfer out of the East Arkansas

Regional Unit—is moot. Smith v. Hundley, 190 F.3d 852, 855 (8th Cir.

1999). He has been transferred to a prison in Virginia. The Court

adopts the recommendation that these claims be dismissed. The Court

also adopts the recommendation that Robinson’s cross motion for

summary judgment be denied.

Now, the deep issue. Are Lay, Johnson, and Richardson entitled

to qualified immunity on the individual capacity claims?

When Robinson was in administrative segregation, it was clearly

established that prison officials violate an inmate’s constitutional rights

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when they are deliberately indifferent to the inmate’s need to exercise

outside his cell. Wishon v. Gammon, 978 F.2d 446, 448-49 (8th Cir. 1992).

Like the Magistrate Judge, Doc. 250 at 13-14, this Court liberally reads

Robinson’s claim as one for denial of out-of-cell exercise, not solely

outdoor exercise. To defeat qualified immunity, Robinson must show

that, viewing the facts in the light most favorable to him, Lay, Johnson,

and Richardson violated that right. Saylor v. Nebraska, 812 F.3d 637, 643

(8th Cir. 2016). Specifically, Robinson must show there was a

substantial risk of serious harm to him, and each defendant was

deliberately indifferent to that risk. Letterman v. Does, 789 F.3d 856, 861

(8th Cir. 2015).

To determine whether there was a substantial risk of serious

harm, the Court considers: (1) Robinson’s opportunities to be out of his

cell; (2) whether he could exercise within his cell; (3) the size of the cell;

(4) the duration of confinement; and (5) any injuries suffered or other

threats to his health. Wishon, 978 F.2d at 449. Lay, Johnson, and

Richardson argue hard that there was no substantial risk, relying on

three cases involving Arkansas inmates in this period. But these cases

are distinguishable; the risk to Robinson was much more serious.

In Barnes v. Byers, the prisoner spent 428 days in punitive isolation.

2022 WL 1540170, at *1 (E.D. Ark. 16 May 2022). That’s a few months

longer than Robinson. And Barnes’s cell might have been smaller than

Robinson’s. He had 63.54 square feet of unencumbered space.

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Barnes, 2022 WL 1540170 at *14. Robinson had 85.5 square feet, though

some of that is taken up by the toilet, desk, and bed. Doc. 160-1 at 131.

But Barnes had many, many more opportunities to exercise out of his

cell. Compare Barnes, 2022 WL, 1540170 at *13. Most months Barnes had

more than four opportunities for out-of-cell exercises. Ibid. Robinson

had (at most) four opportunities in the entire eleven months he spent

in administrative segregation. The cases are simply not comparable.

Lay, Johnson, and Richardson also cite Taylor v. Kerstein,

2024 WL 149548 (E.D. Ark. 12 January 2024). Taylor’s cell was the same

size as Robinson’s. Taylor, 2024 WL 149548 at *2. But the similarities

largely end there. The relevant period for Taylor was five

months. (Taylor was in restricted housing for longer than five months

but failed to exhaust his earlier claims. Taylor, 2024 WL 149548 at *1-2.)

Robinson was in restricted housing for more than twice as long as

Taylor. The longest Taylor went without out-of-cell exercise was

80 days, which. Magistrate Judge Volpe found “disturbing.”

Taylor, 2024 WL 149548 at *4. Viewing the facts in the light most

favorable to Robinson, he went 172 days without an opportunity to

exercise outside his cell, from mid-March 2022 to the end of August

2022. And, perhaps most importantly, the threat to Robinson’s health

was much higher than to Taylor’s. He said the lack of exercise “caused

him to have headaches, stomach problems, joint pain, weight loss, and

a vitamin D deficiency,” but his claims were undercut by his

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undisputed medical records. Ibid. Robinson attempted suicide

multiple times.

Lay, Johnson, and Richardson’s strongest case is the unpublished

per curiam decision in Terry v. Randle, 2023 WL 4132800 (E.D. Ark.

22 June 2023), affd, No. 23-3153, 2024 WL 1598215 (8th Cir.

12 April 2024). The prisoner’s confinement was longer: Terry said he

was deprived adequate exercise from January or February 2021 to May

2022." He was only offered out-of-cell exercise fifteen times. Still,

fifteen times over fifteen months is more frequent than four times over

eleven months. And the alleged harm to Terry was much less serious

(vitamin deficiency and anxiety) or was unproven (muscle loss) as

compared to Robinson, who tried to harm himself on several occasions.

Eleven months is a long time in a small cell. Three or four yard

calls, including a 172-day period without any other opportunity for

exercise outside a cell, are not frequent enough. Robinson could have

exercised some in his cell, though it’s disputed whether there was a risk

of resulting discipline for doing so. Compare Doc. 160-3 at 4, with

Doc. 160-1 at 37-38. And there was a clear threat to Robinson’s health:

he grew so depressed that he tried to kill himself. Doc. 160-1 at 38 & 61.

All material things considered, viewing the evidence in the light most

* Terry said that the deprivation began with the COVID-19 lock down

in 2020, but Magistrate Judge Kearney found that the right to exercise

during an international pandemic was not clearly established.

Terry, 2023 WL 4132800 at *5.

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favorable to Robinson, and assuming all these facts are proven at trial,

the lack of exercise outside his cell presented a substantial risk of

serious harm to Robinson. Wishon, 978 F.2d at 448-49.

One issue remains: whether there is sufficient evidence for a jury

to find that Warden Lay, Deputy Warden Johnson, and Deputy Warden

Richardson deliberately disregarded the risk to Robinson.

Letterman, 789 F.3d at 862-63. None of them deny knowing of

Robinson’s circumstances. Rather, they focus on logistical challenges

at the prison. Doc. 161 at 16-17. The COVID-19 pandemic created

significant staff shortages. And from April to September 2022, some

yard call pens were unavailable because of construction. Lack of staff

and moving inmates to other yard call pens posed security risks.

These logistical challenges are relevant. “When evaluating

whether an actor deliberately disregarded a risk, we consider his

actions in light of the information he possessed at the time, the practical

limitations of his position and alternative courses of action that would

have been apparent to an official in that position.” Letterman,

789 F.3d at 862. Plus, there is some indication in the record that prison

officials attempted to transfer Robinson to another unit or move him to

general population. Doc. 173 at 12-13 & 30. But the evidence on their

efforts is quite thin.

The Court can’t say, as a matter of law, that Warden Lay, Deputy

Warden Johnson, and Deputy Warden Richardson didn’t deliberately

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disregard the risk to Robinson. This case did not arise in the early days

of the pandemic, but rather a year and a half after the first known case

of COVID-19 in Arkansas. And a jury could well find that the fact that

yard call pens were being reconstructed does not justify completely

denying Robinson any out-of-cell exercise for months. It is undisputed

that Robinson wasn’t offered out-of-cell exercise time from

14 March 2022 through August 2022, Doc. 160-2 at 4, which is when the

construction was underway.

A jury must decide the disputed factual issues on these points,

and then the Court will revisit the immunity issue. Lee v. Andersen,

616 F.3d 803, 811 (8th Cir. 2010). If defendants are not immune, the jury

would, after further argument, deliberate and decide the merits.

The parties should consult the docket in Tanner v. Ziegenhorn,

Case No. 4:17-cv-780-DPM (E.D. Ark.) for an example of this trial

architecture. The Court therefore denies Warden Lay, Deputy Warden

Johnson, and Deputy Warden Richardson qualified immunity without

prejudice. Their motion for summary judgment on Robinson’s

individual capacity condition of confinement claims is denied.

The Court partly adopts and partly denies the recommendation,

Doc. 250, and partly overrules and partly sustains Robinson’s

objections, Doc. 259. Lay, Johnson, and Richardson’s motion for

summary judgment, Doc. 160, is granted in part. Robinson’s official

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capacity claims, and his claim for injunctive relief, are dismissed

without prejudice. But their motion for summary judgment on the

individual capacity claims for money damages is denied. Robinson’s

cross motion for summary judgment, Doc. 171, is denied.

A Final Scheduling Order setting this case for trial will issue. The

Court returns this case to the Magistrate Judge for further pretrial

proceedings, including appointment of counsel.

So Ordered.

OPrVenrstoll pa

D.P. Marshall Jr.

United States District Judge

28 Mhrck 2025

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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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