632 F. App'x 744
4th Cir.2015Background
- Bernard Brown, a pro se prisoner, filed two separate 42 U.S.C. § 1983 complaints alleging prison food-service problems that caused injury. Both were dismissed under 28 U.S.C. § 1915A for failure to state a claim.
- Appeal No. 15-6685 challenged a dismissal entered October 6, 2014; Brown filed post-judgment motions, and the district court denied his second reconsideration order on October 31, 2014. Brown filed a notice of appeal on April 24, 2015.
- Appeal No. 15-6726 challenged a January 26, 2015 dismissal arising from similar facts: Brown alleged that Food Services Director Patricia Scarberry used a defective can opener, metals appeared repeatedly in food, and Brown bit metal and damaged a tooth.
- Brown alleged Scarberry knew about repeated metal-in-food incidents; he alleged only managerial status and grievance responses for Food Services Manager R. Brock.
- The Fourth Circuit dismissed No. 15-6685 as untimely; in No. 15-6726 the court affirmed dismissal as to Brock but vacated and remanded the Scarberry claim for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal (No. 15-6685) | Brown appealed the dismissal after filing post-judgment motions; appeal should be allowed | Appellate deadline ran from denial of post-judgment motions; Brown's April 24, 2015 notice was late | Appeal dismissed for lack of jurisdiction as untimely |
| Eighth Amendment claim against Scarberry | Scarberry knowingly used defective can opener; metal repeatedly found in food; Brown injured tooth — deliberate indifference | Dismiss for failure to state a claim; single incident insufficient | Vacated dismissal and remanded as complaint, read liberally, sufficiently alleges recurring incidents and Scarberry's prior knowledge to state a plausible Eighth Amendment deliberate-indifference claim |
| Claim against Brock (food services manager) | Brock is liable because of managerial role and responses to grievances | Respondeat superior not viable under § 1983; no allegations of Brock's personal involvement or knowledge | Affirmed dismissal as to Brock for failure to allege personal involvement or basis for municipal liability |
Key Cases Cited
- Bowles v. Russell, 551 U.S. 205 (U.S. 2007) (timely filing of notice of appeal is jurisdictional)
- De’Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003) (pro se complaints must be liberally construed)
- Slade v. Hampton Rds. Reg’l Jail, 407 F.3d 243 (4th Cir. 2005) (de novo review of § 1915A dismissals)
- Whitley v. Albers, 475 U.S. 312 (U.S. 1986) (Eighth Amendment prohibits unnecessary and wanton infliction of pain)
- Wilson v. Seiter, 501 U.S. 294 (U.S. 1991) (deliberate indifference and seriousness elements for Eighth Amendment conditions claims)
- Iko v. Shreve, 535 F.3d 225 (4th Cir. 2008) (objective and subjective components of Eighth Amendment claims)
- Bolding v. Holshouser, 575 F.2d 461 (4th Cir. 1978) (unsanitary food-service allegations can state constitutional claim)
- Green v. Atkinson, 623 F.3d 278 (5th Cir. 2010) (repeated injurious foreign objects in food can elevate negligence to constitutional violation)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (no vicarious liability under § 1983; municipal or supervisory liability requires personal/policy-based fault)