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Davis v. Scott

United States Court of Appeals, Fifth Circuit
Oct 22, 1998
157 F.3d 1003 (5th Cir. 1998)

Summary

holding that this court may affirm on any ground supported by the record

Summary of this case from Robinson v. Lavalais

Opinion

No. 97-41237.

October 22, 1998.

Robert Davis, Huntsville, TX, pro se.

Jean Shieh Wong, Austin, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Texas.

Before REYNALDO G. GARZA, JONES and DeMOSS, Circuit Judges.


Appellant Robert Davis, a Texas prisoner, sued prison guards and their supervisors, alleging unconstitutional conditions of confinement in a crisis management cell at the Coffield Unit. After an evidentiary hearing, the magistrate judge dismissed with prejudice Davis's pro se, in forma pauperis complaint pursuant to 28 U.S.C. § 1915. We affirm the dismissal because Davis has failed to assert a claim cognizable under the Eighth Amendment.

I

On May 14, 1996, defendant Officers Dawson and Crowder took Davis to a "crisis management cell" for "throwing liquid substances on the officers." ( Spears hearing transcript at 4.) Because the cell had no light and electrical wires were hanging from the outlet, Davis asked to be put in a different cell. The second management cell to which he was taken was, according to Davis, "just filthy," with "blood on the walls and excretion on the floors and bread loaf on the floor." ( Id. at 5.) Although Davis complained about this cell as well, he was given cleaning supplies and kept in the cell for three days.

Davis's suit alleged that the conditions in the management cells "bring forth hatred and hostility," but the officers "are not trained to handle [the resulting] psyc[h]otic situations." (R. 4.) Davis sought punitive and psychological damages. He also asked that the management cells be abolished and that the staff be trained adequately "to deal with and confront psyc[h]ological problems." (R. 3.)

Davis's case was transferred to a magistrate judge for pretrial purposes. At an evidentiary hearing held pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), Davis consented to proceed to final judgment before the magistrate judge. See 28 U.S.C. § 636(c). At this hearing, the magistrate judge reconfirmed Davis's allegations about the management cells. The magistrate judge did not specifically ask Davis whether he had suffered any physical injury due to the conditions of the management cells. With an eye to Thompkins v. Belt, 828 F.2d 298, 303-04 (5th Cir. 1987), the magistrate judge focused on the personal involvement of various defendants ranging from the ranking lieutenant for the day to the attorney general.

The appellees state that "there is no indication that the court failed to ask him about his injuries" (Appellees' Brief at 3), but the transcript of the Spears hearing demonstrates that Davis was not asked about his injuries.

After the Spears hearing, the magistrate judge dismissed Davis's claims against all defendants except the two officers who placed Davis in the management cell. Davis does not appeal that decision.

After one of the remaining defendants filed an answer, the magistrate judge dismissed as frivolous all of Davis's claims because he had failed to allege a physical injury. In his memorandum opinion, the magistrate judge took note of medical records "provided by the prison system." (R. 59.) The records showed that Davis voiced no complaints to the nurses who passed by Davis's management cell on each of the days he was confined there.

In his appeal, Davis contends that the magistrate judge failed to ask him what injury he had suffered, and also that the magistrate judge improperly relied upon prison medical records to dispute his Spears hearing testimony. For the first time, on appeal, Davis argues that the nurses had passed by the management cells without waking him, that be was nauseous at the time, and that he would have needed to be "bleeding profusdely [ sic] to get medical attention" while in the management cells. (Appellant's Brief at 3.)

II.

An in forma pauperis complaint may be dismissed as frivolous if it lacks an arguable basis in law or fact. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997). "A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist." McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997) (internal quotation omitted). We review the lower court's decision to dismiss under § 1915 for abuse of discretion. See Siglar, 112 F.3d at 191. The lower court may abuse its discretion by providing insufficient opportunity for the plaintiff to develop his claims. See Eason v. Thaler, 14 F.3d 8, 9 (5th Cir. 1994).

III.

The magistrate judge held that Davis's claim for psychological damages must meet the Prison Litigation Reform Act's requirement of physical injury: "No federal civil action may be brought by a prisoner . . . for mental or emotional injury suffered while in custody without a prior showing of physical injury." 42 U.S.C. § 1997e(e).

We have maintained a distinction between an underlying Eighth Amendment claim and a claim for emotional suffering. See Siglar, 112 F.3d at 193-94. Nevertheless, this court may affirm a judgment upon any basis supported by the record. See Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir. 1992). The magistrate judge did not abuse his discretion in developing or dismissing Davis's complaint because Davis's claims did not rise to an Eighth Amendment violation.

This is quite a different thing from saying that the magistrate judge has a duty to interrogate the pro se plaintiff in such a way as to exhaust conceivable causes of action. The magistrate judge has no such duty. Instead, the Spears procedure affords the plaintiff an opportunity to verbalize his complaints, in a manner of communication more comfortable to many prisoners. But the plaintiff remains the master of his complaint and is, in the end, the person responsible for articulating the facts that give rise to a cognizable claim. Davis never alleged physical injury.

Like other Eighth Amendment claims, a conditions-of-confinement claim must satisfy tests for both objective and subjective components. See Hudson v. McMillian, 503 U.S. 1, 8, 112 S.Ct. 995, 999, 117 L.Ed.2d 156 (1992). For the objective component, "extreme deprivations are required to make out a conditions-of-confinement claim." Id. at 9, 112 S.Ct. at 1000. We need not reach the subjective component because Davis's claim does not objectively demonstrate a sufficiently extreme deprivation.

Davis did not suffer an extreme deprivation of any "minimal civilized measure of life's necessities." Wilson v. Seiter, 501 U.S. 294, 304, 111 S.Ct. 2321, 2327, 115 L.Ed.2d 271 (1991). The Supreme Court has noted that "the length of confinement cannot be ignored. . . . A filthy, overcrowded cell . . . might be tolerable for a few days and intolerably cruel for weeks or months." Hutto v. Finney, 437 U.S. 678, 686-87, 98 S.Ct. 2565, 2571, 57 L.Ed.2d 522 (1978). Davis was confined in the management cell for only three days. Cf. Smith v. Copeland, 87 F.3d 265, 269 (8th Cir. 1996) (no Eighth Amendment violation when prisoner was exposed for four days to raw sewage from an overflowed toilet in his cell). Furthermore, cleaning supplies were made available to Davis, mitigating any intolerable conditions. See Shakka v. Smith, 71 F.3d 162, 167-68 (4th Cir. 1995) (no Eighth Amendment injury when prisoner was given water and cleaning supplies but denied a shower for three days after having human excrement thrown on him); Whitnack v. Douglas County, 16 F.3d 954, 958 (8th Cir. 1994) ("intolerable conditions lasted not more than 24 hours before the availability of adequate cleaning supplies could make them tolerable").

Regardless of his claim on appeal to have been nauseous, Davis has not alleged the sort of "deprivation of facilities for elementary sanitation" that we have observed gives rise to unconstitutional confinement. See Daigre v. Maggio, 719 F.2d 1310, 1312 (5th Cir. 1983).

IV.

Because the magistrate judge adequately developed the record and Davis failed to allege a sufficiently extreme deprivation to make out a conditions-of-confinement claim, the dismissal of Davis's complaint is AFFIRMED.

AFFIRMED.


Summaries of

Davis v. Scott

United States Court of Appeals, Fifth Circuit
Oct 22, 1998
157 F.3d 1003 (5th Cir. 1998)

holding that this court may affirm on any ground supported by the record

Summary of this case from Robinson v. Lavalais

holding that three days in a filthy crisis management cell with blood on walls and excrement and old food on the floor was insufficient to objectively demonstrate a sufficiently extreme deprivation, particularly when plaintiff was given cleaning supplies

Summary of this case from Grayer v. Martin

holding that three days in a filthy crisis management cell with blood on walls and excrement and old food on the floor was insufficient to objectively demonstrate a sufficiently extreme deprivation, particularly when plaintiff was given cleaning supplies

Summary of this case from Cribbs v. Pollock

holding that three days in a filthy crisis management cell with blood on walls and excrement and old food on the floor was insufficient to objectively demonstrate a sufficiently extreme deprivation, particularly when plaintiff was given cleaning supplies

Summary of this case from Harold v. Tangipahoa Par. Sheriff Office

holding that confinement for three days in a cell with "blood on the walls and excretion on the floors and bread loaf on the floor" did not amount to a claim

Summary of this case from Bonilla v. Cobb

holding that confinement for three days in a cell with "blood on the walls and excretion on the floors and bread loaf on the floor" did not amount to a deprivation of the "minimal civilized measure of life's necessities."

Summary of this case from Cooper v. Med. Staff Nurses

holding a three-day placement in a cell with blood on the walls and excrement on the floors did not meet Eighth Amendment's objective component

Summary of this case from Spears v. Curcillo

holding the Magistrate had no duty to ask specific questions during a Spears hearing and that the plaintiff remains master of his complaint and is responsible for articulating the facts that give rise to a cognizable claim

Summary of this case from Kennedy v. Bexar Cnty.

holding that plaintiff's complaints that he was assigned to a filthy cell for three days did not raise even an arguable basis for relief

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holding the Magistrate had no duty to ask specific questions during a Spears hearing and that the plaintiff remains master of his complaint and is responsible for articulating the facts that give rise to a cognizable claim

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holding three day placement in cell with blood on walls and excrement on floors did not meet Eighth Amendment's objective component

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holding three day placement in cell with blood on walls and excrement on floors did not meet Eighth Amendment's objective component

Summary of this case from Milhouse v. Gee

holding that inmate being placed in cell with blood on walls and excretion on floors for three days did not meet objective component of Eighth Amendment, especially in view of fact that cleaning supplies were made available to him

Summary of this case from May v. Dejesus

finding no violation partly because the defendant stayed in the cell for only three days

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finding no Eighth Amendment violation because the prisoner received supplies to clean blood and excretion from his cell where he stayed for three days

Summary of this case from Alfred v. Bryant

finding no Eighth Amendment violation where inmate was kept in filthy cell for only three days and was given cleaning supplies

Summary of this case from Alexander v. Tippah County, Miss

finding no Eighth Amendment violation where inmate was kept in filthy cell for only three days and was given cleaning supplies

Summary of this case from Duenes v. Wainwright

finding no objectively serious deprivation where inmate was confined for three days to a "filthy" cell with "blood on the walls and excretion on the floors"

Summary of this case from Akins v. Liberty Cnty.

finding that three-day placement in cell with blood on walls and excrement on floors did not meet Eighth Amendment's objective component

Summary of this case from Hagan v. Chambers

finding no Eighth Amendment violation where inmate was kept in filthy cell for only three days and was given cleaning supplies

Summary of this case from Matthews v. Corrections Corporation of America

finding no Eighth Amendment violation where inmate was kept in filthy cell for only three days and was given cleaning supplies

Summary of this case from Hamdan v. Copes

In Davis v. Scott, 157 F.3d 1003 (5th Cir. 1998), the Fifth Circuit found no constitutional violation when a prisoner was locked in a "management cell" for three days, where the cell was, "according to Davis, 'just filthy, with 'blood on the walls and excretion on the floors and bread loaf on the floor.'"

Summary of this case from McManus v. St. Tammany Par. Jail

In Scott, the Fifth Circuit determined that the facts, which included allegations of sexual assaults due to inadequate staffing, bore a “closer resemblance to cases regarding episodic acts by prison employees.

Summary of this case from Havens v. Mills

In Davis, the inmate was placed in a management cell which was “just filthy,” with “blood on the walls and excretion on the floor and a bread loaf on the floor.” Davis, 157 F.3d at 1006.

Summary of this case from McDonald v. Cerliano

reasoning that confinement for only three days weakened a prisoner's conditions-of-confinement claim

Summary of this case from Banks v. Howard Cnty.
Case details for

Davis v. Scott

Case Details

Full title:ROBERT DAVIS, PLAINTIFF-APPELLANT, v. WAYNE SCOTT, DIRECTOR, ET AL.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 22, 1998

Citations

157 F.3d 1003 (5th Cir. 1998)

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