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Prisoner Appeals Damages Verdict in Failure to Protect Suit

Michael Darrell Sanders, an Arkansas prisoner, filed a lawsuit in U.S.
District Court, Eastern District of Arkansas, in 1992 against the Arkansas
Department of Corrections (DOC) and its officials (defendants), for
allegedly failing to protect him from attacks by other prisoners.

Sanders alleged that in 1986, while at the Cummins facility, he had hit a
black prisoner with a hoe in self defense and was transferred to the Tucker
Maximum Security Unit (MSU). While at MSU other black prisoners repeatedly
threatened him, and he hit two other black prisoners in self defense, again
using a hoe, while on the hoe crew. He then told prison officials that he
needed protection. Sanders also alleged that while on a hoe crew being
supervised by the defendants, he was attacked by a black prisoner with a
hoe, which resulted in his jaw being broken. Despite his repeated requests
to be removed from the hoe crew, he was put on the crew again in 1991, and
this time a black prisoner named Thompson attacked him with a hoe and was
about to kill him when a prison guard fatally shot Thompson.

At jury trial, Sanders testified to the five incidents on the hoe crew
between 1986 and 1991. On cross examination the defendant prison officials
introduced a tape of Sanders testifying at a 1988 trial of another
prisoner, which was contradictory to the testimony he had just given.
Sanders then admitted to perjury at the 1988 trial. The jury awarded
Sanders only $1 in compensatory and $10 in punitive damages against one
prison guard and granted judgment to the other prison officials. The court
then reduced Sanders' $14,000 attorney's fee request to $7,500 due to the
limited success of the trial. Both Sanders and the defendants appealed.

The U.S. Court of Appeals for the Eighth Circuit held: 1) the upper level
supervisors could not be liable since the jury did not find the lower level
supervisors liable; 2) the verdict of only nominal damages was not shocking
or plain injustice, the plaintiff was not entitled to appellate review, and
the plaintiff failed to present that issue to the trial court on a motion
for new trial; and 3) the reduction of attorney's fees based on the lack of
success was adequate. The damage award and district court's order were
affirmed. See: Sanders v. Brewer, 972 F.2d 920 (8th Cir. 1992).

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Related legal case

Sanders v. Brewer

Sanders v. Brewer, 972 F.2d 920 (8th Cir. 08/13/1992)

[1] UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

[2] Nos. 91-3254, 91-3797

[3] 972 F.2d 920

[4] filed: August 13, 1992.

[5] MICHAEL DARRELL SANDERS, APPELLANT,
v.
GEORGE BREWER, CLASSIFICATION ADMINISTRATOR; LARRY NORRIS, WARDEN; R.D. PERRY, BUILDING MAJOR; H.D. RHODES, FIELD SERGEANT, MAXIMUM SECURITY UNIT; F. BRANTLEY, FIELD SERGEANT, MSU, APPELLEES. MICHAEL DARRELL SANDERS, APPELLEE, V. GEORGE BREWER, CLASSIFICATION ADMINISTRATOR; LARRY NORRIS, WARDEN; R.D. PERRY, BUILDING MAJOR; DEFENDANTS, H.D. RHODES, FIELD SERGEANT, MAXIMUM SECURITY UNIT; APPELLANT, F. BRANTLEY, FIELD SERGEANT, MSU, DEFENDANT.

[6] Appeals from the United States District Court for the Eastern District of Arkansas. Honorable Jerry W. Cavaneau, Judge.

[7] COUNSEL

[8] Counsel who represented the appellant was John Harris, Russellville, Arkansas.

[9] Counsel who represented the appellee was David B. Eberhard, Assistant Attorney General, Little Rock, Arkansas.

[10] Before McMILLIAN, John R. Gibson and Beam, Circuit Judges.

[11] Author: Mcmillian

[12] McMILLIAN, Circuit Judge.

[13] Michael Darrell Sanders, an Arkansas inmate, appeals from a final judgment entered in the District Court*fn1 for the Eastern District of Arkansas upon a jury verdict awarding him $1 compensatory and $10 punitive damages against prison guard Harry Rhodes and granting judgment to other defendant prison officials in his 42 U.S.C. § 1983 action. Sanders claimed that prison officials failed to protect him from attacks by other inmates. Sanders also appeals an order granting three prison officials summary judgment on the ground of respondeat superior. Rhodes cross-appeals the magistrate Judge's order awarding Sanders attorney's fees. For the reasons discussed below, we affirm the judgment of the district court.

[14] In his complaint, Sanders, who is white, asserted that after he hit a black inmate with a hoe in self-defense at Cummins and was transferred to the Tucker Maximum Security Unit of the Arkansas Department of Correction, other black inmates affiliated with "Muslim power" threatened him repeatedly with bodily harm. He alleged that after he hit two other inmates with a hoe in self-defense, he informed defendants Classification Director Brewer, Warden Norris, Chief Security Officer Perry, Assistant Director Morgan, Director Lockhart, Board of Corrections members and Chairman Walker, and Governor Clinton of his need for protection.

[15] Sanders further alleged that, while on a work detail guarded by defendants Sergeant Brantley and Major Rhodes, inmate Hardin struck Sanders in the face with a hoe, breaking his jaw. Sanders alleged that the defendant prison officials were deliberately indifferent to his serious need for protection by failing to transfer him or to separate him from others. Sanders sought declaratory and injunctive relief, and compensatory and punitive damages. Sanders also requested a jury trial.

[16] Defendants Walker, Lockhart, and Morgan moved for summary judgment, arguing that their only involvement was their receipt of Sanders's letters, and that respondeat superior was not a basis for relief under section 1983. The magistrate Judge*fn2 granted the three defendants summary judgment.

[17] Sanders filed an amended complaint alleging that he told Rhodes he had received additional threats against his life. Despite Sanders's protest, Rhodes assigned him to the hoe squad with inmate Thompson. Sanders alleged that Thompson attacked Sanders with a hoe and was about to strike a fatal blow to Sanders when a guard shot and killed Thompson.

[18] At the jury trial, Sanders testified in detail about the five hoe-squad incidents that occurred between 1986 and 1991. During cross-examination, the prison officials introduced an audio tape recording of Sanders's testimony at another inmate's 1988 trial, which was inconsistent with the testimony he had just given. When Sanders's attorney objected to having the tape recording played for the jury because he had not yet had an opportunity to listen to it, the magistrate Judge called a recess so that the attorney could hear the tape recording. After the recess and out of the presence of the jury, Sanders's attorney assented to the playing of the tape recording, but requested transcripts because of the poor audio quality. The tape recording was then played for the jurors, each of whom had a transcript. After the tape recording was played, Sanders admitted that he had committed perjury at the 1988 trial.

[19] Three other inmates testified that they heard threats against Sanders's life. After Sanders's case-in-chief, the magistrate Judge granted a directed verdict in favor of Brantley. The prison officials then presented their case, in which Rhodes, Perry and Brantley testified that they did all they could to prevent the assaults upon Sanders.

[20] The jury returned a verdict for Sanders against Rhodes for $1 in compensatory and $10 in punitive damages, and verdicts for the remaining defendants. Following trial, Sanders moved for attorney's fees and expenses of approximately $14,000. The prison officials responded that the award should be reduced for partial success because Sanders prevailed against only one of the original eight defendants, he did not obtain injunctive or declaratory relief, and he was awarded only nominal damages. The magistrate Judge concluded that the requested fee award should be reduced to $7500 in attorney's fees and $418.09 in expenses, based on the limited ultimate success at trial. The magistrate Judge also granted counsel's motion to withdraw. This appeal followed.

[21] SUPERVISOR LIABILITY