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Gordon v. Faber

United States Court of Appeals, Eighth Circuit
Aug 31, 1992
973 F.2d 686 (8th Cir. 1992)

Summary

holding that plaintiffs were subjected to cruel and unusual punishment when they were forced to stand outside in winter weather without proper clothing for about two hours

Summary of this case from Whitnack v. Douglas County

Opinion

No. 91-3731.

Submitted June 25, 1992.

Decided August 31, 1992.

Kristin Wright Ensign, Des Moines, Iowa, argued (Bonnie J. Campbell and Kristin W. Ensign, on the brief), for appellant.

Anna Wirt O'Flaherty, Cedar Rapids, Iowa, argued (Anna Wirt O'Flaherty and Thomas J. O'Flaherty, on the brief), for appellees.

Appeal from the United States District Court for the Northern District of Iowa.

Before McMILLIAN and BOWMAN, Circuit Judges, and EISELE, Senior District Judge.

The Honorable G. Thomas Eisele, Senior United States District Judge for the Eastern District of Arkansas, sitting by designation.


Lieutenant Steve Faber, a security officer at the Iowa Men's Reformatory in Anamosa, Iowa, appeals from a final judgment entered in the United States District Court for the Northern District of Iowa, after a bench trial, finding him liable under 42 U.S.C. § 1983 for violating the Eighth Amendment rights of inmates Kinsey Gordon, William Lee Carr, Kevin Daniel Ross, and Troy A. Mintle. Gordon v. Faber, 800 F. Supp. 793 (N.D.Iowa Nov. 5, 1991). The district court ordered appellant to pay damages in the amount of $75.00 per appellee. For reversal, appellant argues that the district court clearly erred in finding that his actions met the objective standard of Eighth Amendment cruel and unusual punishment. We remanded this case to the district court for the limited purpose of clarifying its finding as to whether the objective component of cruel and unusual punishment had been met in light of recent Supreme Court decisions, Hudson v. McMillian, ___ U.S. ___, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992) ( Hudson), and Wilson v. Seiter, ___ U.S. ___, ___, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991) ( Wilson). Gordon v. Faber, 963 F.2d 187 (8th Cir. 1992).

The Honorable John A. Jarvey, Chief Magistrate Judge, United States District Court for the Northern District of Iowa, presiding by agreement of the parties. 28 U.S.C. § 636(c).

The district court made supplemental findings and again concluded that appellees' Eighth Amendment rights had been violated. Gordon v. Faber, 800 F. Supp. 797 (N.D.Iowa 1992) (supplemental findings upon remand). For the reasons discussed below, we affirm.

The facts of this case are set forth in detail in the district court's opinions. The following is a brief summary. On February 27, 1990, appellant ordered all of the inmates in a segregated area, Living Unit D-third floor (LUD-3) of the Iowa Men's Reformatory, to be sent outdoors for exercise while guards searched LUD-3 for a weapon which was rumored to be present in that living area. Because of their segregated status, the LUD-3 inmates were required to exercise in enclosed pens, where exercise was limited to basic calisthenics and walking. The exercise pens, measuring seven feet by twenty-one feet, provided no protection from the elements. The temperature outdoors that day was sub-freezing and the wind chill factor was significant. Some of the inmates, including appellees, requested permission to forego exercise due to the cold weather. Their requests were denied. The inmates were provided hip-length lined denim coats. Each coat had pockets and a collar, but no hood. Despite the cold, appellant ordered the guards to deny all requests for hats and gloves, even though such items were readily available in the immediate area. Appellees were kept outdoors under these conditions for periods of time ranging from one hour to one hour and forty-five minutes. Upon returning indoors, many of the inmates, including appellees, complained about frostbite but were not seen by a nurse until several hours later.

Gordon v. Faber, 800 F. Supp. at 794-95; id., at 798.

Before the search of LUD-3, appellant also had the inmates strip-searched for the weapon.

Appellant testified at trial that he called the prison's powerhouse on the morning of February 27, 1990, and was told the temperature outside was 33 degrees Fahrenheit. The powerhouse log revealed, however, that the temperature that morning never reached 33 degrees. The district court did not believe that appellant ever called the powerhouse that morning. Id. at 795 (1991).

The district court concluded that appellant acted with "deliberate indifference" when he ordered the LUD-3 inmates outdoors without hats and gloves on February 27, 1990, 800 F. Supp. at 796, and that the deprivation was "extreme" and denied the "minimal civilized measure of life's necessities." 800 F. Supp. at 798. We hold that the district court's findings are not clearly erroneous and that they support the conclusion that appellees' Eighth Amendment rights were violated. See Hudson, ___ U.S. at ___-___, 112 S.Ct. at 999-1000; Wilson, ___ U.S. at ___, ___-___, 111 S.Ct. at 2324, 2326-27.

We adopt the district court's thorough and well-reasoned analysis of this case. 800 F. Supp. at 798-800. Accordingly, we affirm the judgment of the district court.


Summaries of

Gordon v. Faber

United States Court of Appeals, Eighth Circuit
Aug 31, 1992
973 F.2d 686 (8th Cir. 1992)

holding that plaintiffs were subjected to cruel and unusual punishment when they were forced to stand outside in winter weather without proper clothing for about two hours

Summary of this case from Whitnack v. Douglas County

upholding district court finding that ordering inmates outdoors without hats and gloves in freezing weather violated the Eighth Amendment

Summary of this case from Engel v. CO1

upholding district court finding that ordering inmates outdoors without hats and gloves in freezing weather violated the Eighth Amendment

Summary of this case from Porter v. Corr. Case Manager

upholding district court finding that ordering inmates outdoors without hats and gloves in freezing weather violated the Eighth Amendment

Summary of this case from Love v. Price

affirming Eighth Amendment violation where prison official forced inmates outside in sub-freezing temperatures and refused to provide hats and gloves

Summary of this case from Skelton v. Bruce

affirming district court's conclusion that ordering prisoners outdoors for a period of one hour to one hour and forty-five minutes in sub-freezing temperatures without adequate clothing constituted a violation of the prisoners' Eighth Amendment rights

Summary of this case from Smith v. Coleman

affirming Eighth Amendment violation where prison official forced inmates outside in sub-freezing temperatures and refused to provide hats and gloves

Summary of this case from Ellis v. Mohr

affirming finding of unconstitutional deprivation where inmates forced to stand outdoors without hats or gloves for more than one hour in sub-freezing weather with significant wind-chill factor

Summary of this case from Nelson v. Ca. Dept of Corrections

affirming district court's conclusion that prison officials violated the eighth amendment by sending inmates outside in sub-freezing weather without hats and gloves for a period of one hour to one hour and forty-five minutes

Summary of this case from Austin v. Hopper

In Faber, the prison official forced the segregation inmates outside to exercise — despite their request to stay indoors — for an hour to an hour and forty-five minutes while guards searched for a weapon in the cellhouse.

Summary of this case from Skelton v. Bruce

In Gordon, the Eighth Circuit affirmed the judgment of the district court finding an Eighth Amendment violation where inmates were forced to spend from one hour to one hour and forty-five minutes outside in sub-freezing temperatures with a significant wind chill.

Summary of this case from Gmyr-Maez v. Schneider

In Gordon v. Faber, 973 F.2d 686, 687 (8th Cir. 1992), the circuit held that keeping inmates outdoors for one hour to one hour and forty-five minutes without hats or gloves in sub-freezing temperatures and windchill amounted to deliberate indifference that violated the prisoners Eighth Amendment rights.

Summary of this case from White v. Crow Ghost

In Gordon v. Faber, 973 F.2d 686 (8th Cir. 1992), the Eighth Circuit affirmed a judgment finding that a prison security officer had acted with deliberate indifference in ordering inmates outdoors in subfreezing temperatures without hats and gloves.

Summary of this case from Masonoff v. DuBois
Case details for

Gordon v. Faber

Case Details

Full title:KINSEY GORDON; WILLIAM LEE CARR; KEVIN DANIEL ROSS; TROY A. MINTLE…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 31, 1992

Citations

973 F.2d 686 (8th Cir. 1992)

Citing Cases

Skelton v. Bruce

Other circuits have found Eighth Amendment violations where inmates were forced to experience inclement…

Gmyr-Maez v. Schneider

The Tenth Circuit found support for its decision in cases from the Eighth and Sixth Circuits. Id. at 208…