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$600 Awarded in MO Detainee's Illegal Segregation Claim
A Missouri Federal District Court, in a bench trial, held officials at the
Medium Security Institution of the City of St. Louis violated a pre-trial
detainee's due process rights by their custom of not distinguishing
between pre-trial detainees and convicted prisoners. The detainee
volunteered for a job in the kitchen as a pot washer. The sink in the pot
room was not attached to the wall and had no piping from the drain.
Ultimately the sink fell on the detainee, causing an injury to his knee
that required thirty-two stitches.
After his knee had healed, a kitchen supervisor ordered the detainee to
return to work. When the detainee saw the sink was still in the same state
of ill repair, he refused to work as a pot washer but offered to work in
any other position. After this offer was refused, the detainee quit and
returned to his housing area. A shift supervisor then called the detainee
to the kitchen and ordered him to work as a pot washer. When he refused,
he was ordered into segregation as a security threat. Six days later, the
detainee was found not guilty and released.
The Court held it was clearly established that pre-trial detainees could
not be forced to work, and as the disciplinary team found the detainee was
not a security threat, the officials were liable for the "unnecessary
imposition of security confinement" on the detainee. The Court awarded the
prisoner $100 per day for the illegal confinement, for a total award of
$600. The Court rejected all other due process and constitutional claims
as not proven by the evidence the detainee presented at trial. See:
Charron v. Medium Security Institution, 730 F. Supp. 987 (E D. MO. 1989).
Medium Security Institution of the City of St. Louis violated a pre-trial
detainee's due process rights by their custom of not distinguishing
between pre-trial detainees and convicted prisoners. The detainee
volunteered for a job in the kitchen as a pot washer. The sink in the pot
room was not attached to the wall and had no piping from the drain.
Ultimately the sink fell on the detainee, causing an injury to his knee
that required thirty-two stitches.
After his knee had healed, a kitchen supervisor ordered the detainee to
return to work. When the detainee saw the sink was still in the same state
of ill repair, he refused to work as a pot washer but offered to work in
any other position. After this offer was refused, the detainee quit and
returned to his housing area. A shift supervisor then called the detainee
to the kitchen and ordered him to work as a pot washer. When he refused,
he was ordered into segregation as a security threat. Six days later, the
detainee was found not guilty and released.
The Court held it was clearly established that pre-trial detainees could
not be forced to work, and as the disciplinary team found the detainee was
not a security threat, the officials were liable for the "unnecessary
imposition of security confinement" on the detainee. The Court awarded the
prisoner $100 per day for the illegal confinement, for a total award of
$600. The Court rejected all other due process and constitutional claims
as not proven by the evidence the detainee presented at trial. See:
Charron v. Medium Security Institution, 730 F. Supp. 987 (E D. MO. 1989).
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Related legal case
Charron v. Medium Security Institution
| Year | 1989 |
|---|---|
| Cite | 730 F. Supp. 987 (E.D. MO. 1989). |
| Level | District Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 600 |
| Injunction Status | N/A |
CHARRON v. MEDIUM SEC. INST., 730 F. Supp. 987 ( 04/28/1989)
[1] UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION
[2] 86-1865C(3)
[3] 730 F. Supp. 987, 1989
[4] April 28, 1989
[5] KENNETH G. CHARRON, SR., Plaintiff,
v.
THE MEDIUM SECURITY INSTITUTION, et al., Defendants
[6] William Hungate, United States District Judge.
[7] The opinion of the court was delivered by: HUNGATE
[8] MEMORANDUM
[9] WILLIAM HUNGATE, UNITED STATES DISTRICT JUDGE.
[10] This matter is before the Court to determine the merits of plaintiff's claims after a one and a half day trial before the Court sitting without a jury.
[11] Plaintiff, a Missouri state prisoner now serving one life sentence plus thirty years for forcible rape, second degree robbery, and second degree burglary, brings this cause of action under 42 U.S.C. § 1985(3) (Count V); and, pursuant to 42 U.S.C. § 1983, claims violations of (a) his eighth and fourteenth amendment rights to be free from cruel and unusual punishment (Count I); (b) his fourteenth amendment rights to due process (Count II) and equal protection (Count IV), as well as his fifth amendment right to due process (Count II); (c) his first and fourteenth amendment rights to free speech and association (Count III); and (d) his thirteenth amendment right to be free from involuntary servitude and fourteenth amendment rights with respect to a requirement that plaintiff work in the workhouse kitchen (Count VI).
[12] In general, plaintiff asserts he was a pretrial detainee at the city workhouse from August 21, 1984, to December 6, 1984, and as such was assigned to the workhouse kitchen as "potwasher" under the supervision of William Collee. On September 9, 1984, the allegedly unstable kitchen sink slid off its support and injured plaintiff. Plaintiff was taken by ambulance to St. Louis City Hospital where he was examined by x-ray and otherwise, received stitches, was given crutches and pain medication, and was directed to participate in physical therapy. Plaintiff alleges that thereafter, defendants arbitrarily and capriciously deprived plaintiff of the prescribed medication, the prescribed therapy, the prompt attention of a physician, sick call, and a return to the hospital.
[13] Approximately one and one-half months later, plaintiff alleges, William Collee ordered plaintiff to return to work. Upon plaintiff's refusal to obey defendant Vada Anderson's direct order that plaintiff work as a "potwasher," defendant Anderson ordered plaintiff to "report to the 'hole' (punitive segregation)," where plaintiff allegedly remained for six days without a hearing. During this six-day period, plaintiff was allegedly denied sick call, visits, phone calls, writing materials, access to the law library, and, thus, access to the courts. Plaintiff further alleges that as a white resident of the workhouse, he was subjected to "arbitrary and invidious treatment by [predominantly black] workhouse personnel due to his race." Plaintiff generally alleges all defendants conspired to deprive plaintiff of his federally protected rights. Plaintiff specifically alleges only defendants Claude Woodson, Maurice Harris, Herbert Casey, Jeanette Arnold, Phillip McLucas, Paul Berra, Madeline Percich, Edward Thomas, Vada Anderson, Jean Caramana, and Mark Blumenthal are involved in the conspiracy under 42 U.S.C. § 1985(3). Plaintiff also generally alleges that defendants' acts and omissions were due to official "policies, rules, regulations and customs."
[14] Having carefully considered the pleadings, trial testimony, exhibits, admissions, and memoranda, the Court makes and enters the following findings of fact and conclusions of law.
[15] Findings of Fact
[16] 1. During all times relevant to this action, plaintiff Kenneth G. Charron, Sr., was a pretrial detainee at the Medium Security Institution of the City of St. Louis ("workhouse") from August 21, 1984, to December 6, 1984.
[17] 2. Defendant City of St. Louis was in 1984, and is currently, a municipal corporation, duly existing according to law. The City of St. Louis maintained the workhouse to preserve the safety of its citizenry, inmates, and detainees.
[18] 3. Defendant Division of Adult Correctional Services of the City of St. Louis was a sub-agency of the City in 1984. The responsibilities of this agency included the general welfare of the residents housed in the workhouse.
[19] 4. Defendant Department of Welfare of the City of St. Louis operated a Division of Adult Correctional Services and Adjustment Committee in 1984.
[20] 5. Defendant Medium Security Institution of the City of St. Louis, Missouri, is a penal institution. The responsibilities of this institution included providing shelter, safety, protection, and medical care for the detainees and prisoners housed in the institution.
[21] 6. Defendant St. Louis Department of Health was an agency of the City of St. Louis. The responsibilities of this agency in 1984 included the enforcement of the City's health and safety code within the workhouse in order to provide for the safety of the detainees and prisoners.
[22] 7. At all times relevant to this action, defendant Charles O'Neal was a food service health inspector for the St. Louis Health Division-Food Control Service. O'Neal was responsible for periodic inspections of the kitchen equipment and reporting violations to the workhouse for compliance with the City's health and safety code.
[23] 8. At all times relevant to this action, defendant Commissioner Edward Tripp was the Commissioner of Adult Correctional Services of the City of St. Louis, and was employed by the City of St. Louis, Missouri. The Commissioner's job description is defined as being:
[24]
Under administrative direction; performs work of unusual difficulty in planning, organizing, and directing the operation and maintenance of City penal institutions.
[25] The Commissioner has
[26]
comprehensive knowledge of the principles, methods, and techniques of penal institution management and parole and probation work; comprehensive knowledge of the legal requirements and court procedures pertaining to penal institutional work.
[27] 9. At all times relevant to this action, defendant Maurice Harris was the building maintenance supervisor of the Medium Security Institution and Correctional Work Program supervisor. His responsibilities included the maintenance and upkeep of the workhouse and the work equipment in a satisfactory operating condition. All notifications and requests for needed repairs at the workhouse were to be directed to Harris, and he was responsible for the requested repairs and maintenance.
[28] 10. At all times relevant to this action, defendant Dr. Mark Blumenthal was the official physician for the workhouse, and his duties included the medical treatment and medical welfare of the detainees and prisoners. Blumenthal also supervised the dispensing of prescription drugs by and through the nurses under his supervision.
[29] 11. At all times relevant to this action, defendant Jean Caramana was the head nurse of the workhouse, and she was responsible, in conjunction with the jail physician, for the medical care of plaintiff while at the workhouse.
[30] 12. At all times relevant to this action, defendant Lieutenant Herbert Casey was an employee of the City of St. Louis as a jailer at the workhouse and a Correctional Officer I. His responsibilities included providing for the safety and care of the detainees and prisoners at the workhouse.
[31] 13. At all times relevant to this action, defendant Vada Anderson was an employee of the City of St. Louis as a jailer at the workhouse and a Correctional Officer I. Her responsibilities included providing for the safety and care of the detainees and prisoners.
[32] 14. At all times relevant to this action, defendant Madeline Percich was the supply commissioner in charge of purchasing and distributing supplies to the departments, and an employee of the City of St. Louis.
[33] 15. At all times relevant to this action, defendant Phillip McLucas was an employee of the City of St. Louis as a shift supervisor and captain at the workhouse.
[34] 16. At all times relevant to this action, defendant Oscar Bennett was the Chairman of the Adjustment Committee.
[35] 17. At all times relevant to this action, defendant David Kovac was a member present of the Adjustment Committee, and his responsibilities included being in charge of disciplinary action and control of residents housed in the workhouse.
[36] 18. At all times relevant to this action, defendant Elizabeth Smith-White was a member present of the Adjustment Committee, and her responsibilities included being in charge of disciplinary action and control of residents housed in the workhouse.
[37] 19. At all times relevant to this action, defendant Captain Edward Thomas was an employee of the City of St. Louis. His responsibilities as a jailer included the safety and care of the residents housed at the workhouse.
[38] 20. At all times relevant to this action, defendant Paul Berra was an officer of the City of St. Louis. His responsibilities included disbursing funds from the Comptroller's Office to City departments.
[39] 21. At all times relevant to this action, defendant Jeannette Arnold was a caseworker employed by the City of St. Louis at the workhouse.
[40] 22. At all times relevant to this action, defendant Claude Woodson was the correctional superintendent of the workhouse, employed by the City of St. Louis. His responsibilities included managing and operating the workhouse and the safety of the residents housed in the workhouse.
[41] 23. At all times relevant to this action, William Collee was the area coordinator-steward at the workhouse and an employee of the City of St. Louis. His duties included the supervision of all areas of operation in the kitchen of the workhouse. Collee was originally a named defendant in this cause. Upon his death, he was dismissed from this action.
[42] 24. The resident work program for the workhouse provides that a pretrial detainee is not required to work, but may work on his own volition and may request a change of job. A pretrial detainee may stop working at any point in time. Although a pretrial detainee is supposed to fill out an application for employment and be approved for employment, the practice at the workhouse was that not all pretrial detainees who were employed had filled out applications. As a result of plaintiff's institutional social service file from the workhouse not being located, there is no evidence concerning whether plaintiff filled out an employment application. Plaintiff was issued a work badge so that he could work in the kitchen at the workhouse.
[43] 25. Plaintiff testified he was offered a job in the kitchen by Collee, and that he worked as a potwasher for a couple of weeks before being injured when the sink fell on him on September 9, 1984.
[44] 26. Plaintiff further testified that while he was refilling the sink with water, the sink slid off its supports, falling on top of plaintiff's left leg and pinning him to the floor. At the time of plaintiff's injury and prior to that time, the kitchen sink at the workhouse did not have any legs but was supported on one side by bricks and on the other side by a cooking pot, and the back of the sink was leaning against the wall but was unattached to the wall. The sink also did not have any drain piping. Defendants O'Neal, Casey, Harris, and Tripp testified as to the state of disrepair of the sink and how the sink was propped up on containers or milk crates and not attached to the wall.
[45] 27. The top of the sink was waist high, with the bottom part of the sink eighteen to twenty-four inches above the ground. The sink was approximately six feet long and two feet wide. The compartments on the sink could hold about one hundred gallons of water.
[46] 28. Since January 17, 1984, defendant O'Neal reported on numerous occasions in the health division reports received by the St. Louis Department of Health, that the pot washing sink was not properly constructed, designed, and maintained and needed to be replaced, and that the waste water from the pot washing sink was not being properly disposed but drained on to the floor as a result of no drain piping. O'Neal testified that he informed Collee, Harris, and Tripp of the state of disrepair of the sink.
[47] 29. Tripp was aware of the condition of the sink prior to plaintiff's injury which was sustained in early 1984 as a result of the sink falling on him. Tripp discussed with Harris the sink's state of disrepair and the need to replace the sink. Harris testified he informed Collee that the sink should not be used because the sink was unstable and needed to be replaced.
[48] 30. Tripp reported the condition of the sink to the Board of Public Service in early 1984 and requested funds for a replacement sink. This request was then channeled to the Comptroller's Office for emergency funding. The sink was not repaired until after plaintiff's accident. The record reflects that the cost of repairing or replacing the sink was a factor in determining when and whether the sink would be repaired or replaced.
[49] 31. Immediately after the accident, plaintiff was transported by ambulance to the emergency room at St. Louis City Hospital No. 1, where he received thirty-two stitches in his left knee for lacerations. The doctor advised plaintiff not to do any heavy lifting for five or six days and prescribed Tylenol and Motrin for plaintiff.
[50] 32. Although plaintiff alleges he was denied sick call and medication, the record reflects he was seen by a doctor or a nurse on a number of occasions between September 10, 1984, and October 24, 1984. On two occasions, plaintiff refused to see the doctor, and on one occasion plaintiff refused medication. On September 10, 1984, the day after the accident, plaintiff was seen during sick call in the workhouse, at which time plaintiff's sutures were checked and he was given a prescription for Motrin. On September 28, 1984, plaintiff went to the hospital for a neurological examination of his arm. Plaintiff's next visit was on October 22, 1984, and he complained of an ear ache and drainage, but on October 23, 1984, he failed to appear for sick call. On October 24, 1984, plaintiff was present for sick call and was scheduled to go to the clinic. On October 29, 1984, plaintiff was taken to the hospital for an ear examination. On November 19, 1984, plaintiff went to the hospital's ear, nose, and throat clinic. Plaintiff's last visit to the hospital before his release from the workhouse was on December 3, 1984, when he complained of having the flu.
[51] 33. Plaintiff testified that on October 26, 1984, Collee noticed plaintiff no longer was walking with crutches and ordered plaintiff back to work. Plaintiff reported to the kitchen only to discover that the sink had not been repaired but had been propped up on a wooden platform. Plaintiff refused to work under those conditions, and offered to work at another position in the kitchen, but Collee ordered plaintiff to work as a potwasher and threatened to report him for refusing to work. Plaintiff decided to terminate his employment and he turned in his badge before leaving the kitchen.
[52] 34. At approximately 4:30 p.m. that same day, plaintiff was called back to the kitchen, and when questioned concerning his refusal to work, plaintiff stated that he had a lot on his mind and so he could not work. Ms. Anderson testified she gave plaintiff a direct order to work, and when he refused to work she stated plaintiff would be placed in segregation because of his refusal to obey her direct order.
[53] 35. Lieutenant Casey escorted plaintiff to segregation after Ms. Anderson informed Casey of plaintiff's refusal to work. Casey testified plaintiff indicated to him that he was concerned about being a potwasher and was unwilling to work at that time because he was not completely healed from the accident. Casey testified that since this incident occurred during meal time, Casey viewed the incident as a potential security risk because such a confrontation of authority by a resident could jeopardize the staff's ability to control the residents.
[54] 36. The incident report concerning plaintiff's refusal to work lists this occurrence as a minor incident, with the penalty for this violation ranging from assignment to administrative control to loss of good time and assignment to segregation for a maximum of ten days, as outlined in the resident discipline code.
[55] 37. The incident report provides the following description of plaintiff's refusal to work:
[56]
On 10-26-84 ar [sic] approximately 4:35 p.m. I C/O Vada Anderson was informed by a resident working the kitchen that resident Kenneth Charron had turned in his badge and quit his job. The resident Charon [sic] was called back to the kitchen and he said that he had a lot on his mind and he couldn't work anywhere. It seems that in his condition he would be a security threat in the kitchen area.
[57] The statement of the investigating supervisor signed by Phillip McLucas indicates that the "above statement is accurate [and] resident Charron stated that he had a lot on his mind and dis [sic] not want to work at this time."
[58] 38. After being placed in segregation, a hearing by the Adjustment Committee is to occur within seventy-two hours of a resident being placed in segregation. Weekends and holidays are excluded from the seventy-two hour time period. The hearings are held on Monday, Wednesday, and Friday, and if a resident misses a hearing day because of his need for medical care, he has to wait until the next available hearing day. Although plaintiff was placed in segregation on a Friday, his hearing was not until the following Wednesday because he missed the scheduled hearing on Monday as a result of his being at the hospital.
[1] UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION
[2] 86-1865C(3)
[3] 730 F. Supp. 987, 1989
[4] April 28, 1989
[5] KENNETH G. CHARRON, SR., Plaintiff,
v.
THE MEDIUM SECURITY INSTITUTION, et al., Defendants
[6] William Hungate, United States District Judge.
[7] The opinion of the court was delivered by: HUNGATE
[8] MEMORANDUM
[9] WILLIAM HUNGATE, UNITED STATES DISTRICT JUDGE.
[10] This matter is before the Court to determine the merits of plaintiff's claims after a one and a half day trial before the Court sitting without a jury.
[11] Plaintiff, a Missouri state prisoner now serving one life sentence plus thirty years for forcible rape, second degree robbery, and second degree burglary, brings this cause of action under 42 U.S.C. § 1985(3) (Count V); and, pursuant to 42 U.S.C. § 1983, claims violations of (a) his eighth and fourteenth amendment rights to be free from cruel and unusual punishment (Count I); (b) his fourteenth amendment rights to due process (Count II) and equal protection (Count IV), as well as his fifth amendment right to due process (Count II); (c) his first and fourteenth amendment rights to free speech and association (Count III); and (d) his thirteenth amendment right to be free from involuntary servitude and fourteenth amendment rights with respect to a requirement that plaintiff work in the workhouse kitchen (Count VI).
[12] In general, plaintiff asserts he was a pretrial detainee at the city workhouse from August 21, 1984, to December 6, 1984, and as such was assigned to the workhouse kitchen as "potwasher" under the supervision of William Collee. On September 9, 1984, the allegedly unstable kitchen sink slid off its support and injured plaintiff. Plaintiff was taken by ambulance to St. Louis City Hospital where he was examined by x-ray and otherwise, received stitches, was given crutches and pain medication, and was directed to participate in physical therapy. Plaintiff alleges that thereafter, defendants arbitrarily and capriciously deprived plaintiff of the prescribed medication, the prescribed therapy, the prompt attention of a physician, sick call, and a return to the hospital.
[13] Approximately one and one-half months later, plaintiff alleges, William Collee ordered plaintiff to return to work. Upon plaintiff's refusal to obey defendant Vada Anderson's direct order that plaintiff work as a "potwasher," defendant Anderson ordered plaintiff to "report to the 'hole' (punitive segregation)," where plaintiff allegedly remained for six days without a hearing. During this six-day period, plaintiff was allegedly denied sick call, visits, phone calls, writing materials, access to the law library, and, thus, access to the courts. Plaintiff further alleges that as a white resident of the workhouse, he was subjected to "arbitrary and invidious treatment by [predominantly black] workhouse personnel due to his race." Plaintiff generally alleges all defendants conspired to deprive plaintiff of his federally protected rights. Plaintiff specifically alleges only defendants Claude Woodson, Maurice Harris, Herbert Casey, Jeanette Arnold, Phillip McLucas, Paul Berra, Madeline Percich, Edward Thomas, Vada Anderson, Jean Caramana, and Mark Blumenthal are involved in the conspiracy under 42 U.S.C. § 1985(3). Plaintiff also generally alleges that defendants' acts and omissions were due to official "policies, rules, regulations and customs."
[14] Having carefully considered the pleadings, trial testimony, exhibits, admissions, and memoranda, the Court makes and enters the following findings of fact and conclusions of law.
[15] Findings of Fact
[16] 1. During all times relevant to this action, plaintiff Kenneth G. Charron, Sr., was a pretrial detainee at the Medium Security Institution of the City of St. Louis ("workhouse") from August 21, 1984, to December 6, 1984.
[17] 2. Defendant City of St. Louis was in 1984, and is currently, a municipal corporation, duly existing according to law. The City of St. Louis maintained the workhouse to preserve the safety of its citizenry, inmates, and detainees.
[18] 3. Defendant Division of Adult Correctional Services of the City of St. Louis was a sub-agency of the City in 1984. The responsibilities of this agency included the general welfare of the residents housed in the workhouse.
[19] 4. Defendant Department of Welfare of the City of St. Louis operated a Division of Adult Correctional Services and Adjustment Committee in 1984.
[20] 5. Defendant Medium Security Institution of the City of St. Louis, Missouri, is a penal institution. The responsibilities of this institution included providing shelter, safety, protection, and medical care for the detainees and prisoners housed in the institution.
[21] 6. Defendant St. Louis Department of Health was an agency of the City of St. Louis. The responsibilities of this agency in 1984 included the enforcement of the City's health and safety code within the workhouse in order to provide for the safety of the detainees and prisoners.
[22] 7. At all times relevant to this action, defendant Charles O'Neal was a food service health inspector for the St. Louis Health Division-Food Control Service. O'Neal was responsible for periodic inspections of the kitchen equipment and reporting violations to the workhouse for compliance with the City's health and safety code.
[23] 8. At all times relevant to this action, defendant Commissioner Edward Tripp was the Commissioner of Adult Correctional Services of the City of St. Louis, and was employed by the City of St. Louis, Missouri. The Commissioner's job description is defined as being:
[24]
Under administrative direction; performs work of unusual difficulty in planning, organizing, and directing the operation and maintenance of City penal institutions.
[25] The Commissioner has
[26]
comprehensive knowledge of the principles, methods, and techniques of penal institution management and parole and probation work; comprehensive knowledge of the legal requirements and court procedures pertaining to penal institutional work.
[27] 9. At all times relevant to this action, defendant Maurice Harris was the building maintenance supervisor of the Medium Security Institution and Correctional Work Program supervisor. His responsibilities included the maintenance and upkeep of the workhouse and the work equipment in a satisfactory operating condition. All notifications and requests for needed repairs at the workhouse were to be directed to Harris, and he was responsible for the requested repairs and maintenance.
[28] 10. At all times relevant to this action, defendant Dr. Mark Blumenthal was the official physician for the workhouse, and his duties included the medical treatment and medical welfare of the detainees and prisoners. Blumenthal also supervised the dispensing of prescription drugs by and through the nurses under his supervision.
[29] 11. At all times relevant to this action, defendant Jean Caramana was the head nurse of the workhouse, and she was responsible, in conjunction with the jail physician, for the medical care of plaintiff while at the workhouse.
[30] 12. At all times relevant to this action, defendant Lieutenant Herbert Casey was an employee of the City of St. Louis as a jailer at the workhouse and a Correctional Officer I. His responsibilities included providing for the safety and care of the detainees and prisoners at the workhouse.
[31] 13. At all times relevant to this action, defendant Vada Anderson was an employee of the City of St. Louis as a jailer at the workhouse and a Correctional Officer I. Her responsibilities included providing for the safety and care of the detainees and prisoners.
[32] 14. At all times relevant to this action, defendant Madeline Percich was the supply commissioner in charge of purchasing and distributing supplies to the departments, and an employee of the City of St. Louis.
[33] 15. At all times relevant to this action, defendant Phillip McLucas was an employee of the City of St. Louis as a shift supervisor and captain at the workhouse.
[34] 16. At all times relevant to this action, defendant Oscar Bennett was the Chairman of the Adjustment Committee.
[35] 17. At all times relevant to this action, defendant David Kovac was a member present of the Adjustment Committee, and his responsibilities included being in charge of disciplinary action and control of residents housed in the workhouse.
[36] 18. At all times relevant to this action, defendant Elizabeth Smith-White was a member present of the Adjustment Committee, and her responsibilities included being in charge of disciplinary action and control of residents housed in the workhouse.
[37] 19. At all times relevant to this action, defendant Captain Edward Thomas was an employee of the City of St. Louis. His responsibilities as a jailer included the safety and care of the residents housed at the workhouse.
[38] 20. At all times relevant to this action, defendant Paul Berra was an officer of the City of St. Louis. His responsibilities included disbursing funds from the Comptroller's Office to City departments.
[39] 21. At all times relevant to this action, defendant Jeannette Arnold was a caseworker employed by the City of St. Louis at the workhouse.
[40] 22. At all times relevant to this action, defendant Claude Woodson was the correctional superintendent of the workhouse, employed by the City of St. Louis. His responsibilities included managing and operating the workhouse and the safety of the residents housed in the workhouse.
[41] 23. At all times relevant to this action, William Collee was the area coordinator-steward at the workhouse and an employee of the City of St. Louis. His duties included the supervision of all areas of operation in the kitchen of the workhouse. Collee was originally a named defendant in this cause. Upon his death, he was dismissed from this action.
[42] 24. The resident work program for the workhouse provides that a pretrial detainee is not required to work, but may work on his own volition and may request a change of job. A pretrial detainee may stop working at any point in time. Although a pretrial detainee is supposed to fill out an application for employment and be approved for employment, the practice at the workhouse was that not all pretrial detainees who were employed had filled out applications. As a result of plaintiff's institutional social service file from the workhouse not being located, there is no evidence concerning whether plaintiff filled out an employment application. Plaintiff was issued a work badge so that he could work in the kitchen at the workhouse.
[43] 25. Plaintiff testified he was offered a job in the kitchen by Collee, and that he worked as a potwasher for a couple of weeks before being injured when the sink fell on him on September 9, 1984.
[44] 26. Plaintiff further testified that while he was refilling the sink with water, the sink slid off its supports, falling on top of plaintiff's left leg and pinning him to the floor. At the time of plaintiff's injury and prior to that time, the kitchen sink at the workhouse did not have any legs but was supported on one side by bricks and on the other side by a cooking pot, and the back of the sink was leaning against the wall but was unattached to the wall. The sink also did not have any drain piping. Defendants O'Neal, Casey, Harris, and Tripp testified as to the state of disrepair of the sink and how the sink was propped up on containers or milk crates and not attached to the wall.
[45] 27. The top of the sink was waist high, with the bottom part of the sink eighteen to twenty-four inches above the ground. The sink was approximately six feet long and two feet wide. The compartments on the sink could hold about one hundred gallons of water.
[46] 28. Since January 17, 1984, defendant O'Neal reported on numerous occasions in the health division reports received by the St. Louis Department of Health, that the pot washing sink was not properly constructed, designed, and maintained and needed to be replaced, and that the waste water from the pot washing sink was not being properly disposed but drained on to the floor as a result of no drain piping. O'Neal testified that he informed Collee, Harris, and Tripp of the state of disrepair of the sink.
[47] 29. Tripp was aware of the condition of the sink prior to plaintiff's injury which was sustained in early 1984 as a result of the sink falling on him. Tripp discussed with Harris the sink's state of disrepair and the need to replace the sink. Harris testified he informed Collee that the sink should not be used because the sink was unstable and needed to be replaced.
[48] 30. Tripp reported the condition of the sink to the Board of Public Service in early 1984 and requested funds for a replacement sink. This request was then channeled to the Comptroller's Office for emergency funding. The sink was not repaired until after plaintiff's accident. The record reflects that the cost of repairing or replacing the sink was a factor in determining when and whether the sink would be repaired or replaced.
[49] 31. Immediately after the accident, plaintiff was transported by ambulance to the emergency room at St. Louis City Hospital No. 1, where he received thirty-two stitches in his left knee for lacerations. The doctor advised plaintiff not to do any heavy lifting for five or six days and prescribed Tylenol and Motrin for plaintiff.
[50] 32. Although plaintiff alleges he was denied sick call and medication, the record reflects he was seen by a doctor or a nurse on a number of occasions between September 10, 1984, and October 24, 1984. On two occasions, plaintiff refused to see the doctor, and on one occasion plaintiff refused medication. On September 10, 1984, the day after the accident, plaintiff was seen during sick call in the workhouse, at which time plaintiff's sutures were checked and he was given a prescription for Motrin. On September 28, 1984, plaintiff went to the hospital for a neurological examination of his arm. Plaintiff's next visit was on October 22, 1984, and he complained of an ear ache and drainage, but on October 23, 1984, he failed to appear for sick call. On October 24, 1984, plaintiff was present for sick call and was scheduled to go to the clinic. On October 29, 1984, plaintiff was taken to the hospital for an ear examination. On November 19, 1984, plaintiff went to the hospital's ear, nose, and throat clinic. Plaintiff's last visit to the hospital before his release from the workhouse was on December 3, 1984, when he complained of having the flu.
[51] 33. Plaintiff testified that on October 26, 1984, Collee noticed plaintiff no longer was walking with crutches and ordered plaintiff back to work. Plaintiff reported to the kitchen only to discover that the sink had not been repaired but had been propped up on a wooden platform. Plaintiff refused to work under those conditions, and offered to work at another position in the kitchen, but Collee ordered plaintiff to work as a potwasher and threatened to report him for refusing to work. Plaintiff decided to terminate his employment and he turned in his badge before leaving the kitchen.
[52] 34. At approximately 4:30 p.m. that same day, plaintiff was called back to the kitchen, and when questioned concerning his refusal to work, plaintiff stated that he had a lot on his mind and so he could not work. Ms. Anderson testified she gave plaintiff a direct order to work, and when he refused to work she stated plaintiff would be placed in segregation because of his refusal to obey her direct order.
[53] 35. Lieutenant Casey escorted plaintiff to segregation after Ms. Anderson informed Casey of plaintiff's refusal to work. Casey testified plaintiff indicated to him that he was concerned about being a potwasher and was unwilling to work at that time because he was not completely healed from the accident. Casey testified that since this incident occurred during meal time, Casey viewed the incident as a potential security risk because such a confrontation of authority by a resident could jeopardize the staff's ability to control the residents.
[54] 36. The incident report concerning plaintiff's refusal to work lists this occurrence as a minor incident, with the penalty for this violation ranging from assignment to administrative control to loss of good time and assignment to segregation for a maximum of ten days, as outlined in the resident discipline code.
[55] 37. The incident report provides the following description of plaintiff's refusal to work:
[56]
On 10-26-84 ar [sic] approximately 4:35 p.m. I C/O Vada Anderson was informed by a resident working the kitchen that resident Kenneth Charron had turned in his badge and quit his job. The resident Charon [sic] was called back to the kitchen and he said that he had a lot on his mind and he couldn't work anywhere. It seems that in his condition he would be a security threat in the kitchen area.
[57] The statement of the investigating supervisor signed by Phillip McLucas indicates that the "above statement is accurate [and] resident Charron stated that he had a lot on his mind and dis [sic] not want to work at this time."
[58] 38. After being placed in segregation, a hearing by the Adjustment Committee is to occur within seventy-two hours of a resident being placed in segregation. Weekends and holidays are excluded from the seventy-two hour time period. The hearings are held on Monday, Wednesday, and Friday, and if a resident misses a hearing day because of his need for medical care, he has to wait until the next available hearing day. Although plaintiff was placed in segregation on a Friday, his hearing was not until the following Wednesday because he missed the scheduled hearing on Monday as a result of his being at the hospital.