Mccrary-El v. Shaw

992 F.2d 809 (8th Cir. 1993)

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Nature of the Case

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Facts

P is serving a life sentence plus 35 years. P claims that Ds used excessive force against him in violation of 42 U.S.C. § 1983. P was housed in an administrative segregation wing for inmates considered to be especially dangerous, violent, and aggressive. The prison policy required two or more officers to be present when any cell in that housing wing is being opened. P alleged that officers tried to force him to take a cell-mate, which he refused to do. P claims that the officers grabbed him around the legs, arm, head, and neck and that they picked him up and slammed him onto the concrete floor of the cell, thus injuring his back, shoulders, and neck. He alleged that they began punching him in the side while he was held in a headlock and began twisting his neck. P was then placed in handcuffs and leg shackles and dragged to another cell. Ds claimed they instructed P to move to the back of his cell so that his new cell-mate could enter. P refused shoved an officer as soon as the cell door was opened, and they, therefore, entered the cell immediately and restrained P by established procedures. P did not complain of any pain at the time but instead cursed the officers. Ds claim they used only the force necessary to restrain P and remove him from the cell so that another inmate could take up residence with him. When the officers returned P to his cell during the second cell movement, they wore protective gear including padding, helmets, and visors. Antonio Jones was in the cell next to P's and witnessed the confrontation between the officers and him. Jones admittedly could not see everything from his cell. P wanted to read his deposition into evidence but Jones admittedly could not see everything from his cell. Jones testified that there was a crack at the corner of his cell door that was about an inch and a half, through which he witnessed the assault. He also testified that he could see into the cell only until all the officers were inside. The court excluded the testimony. Ds got the verdict and P appealed.