712 F. App'x 179
3rd Cir.2017Background
- Pro se prisoner Desmond Martin sued four Pennsylvania DOC employees under 42 U.S.C. § 1983 for excessive force, retaliation, denial of access to courts, and unconstitutional conditions of confinement; he sought damages and declaratory relief.
- Incident began after an intramural basketball game; Officer Davis filed a misconduct report after an altercation with Martin, who was later found guilty and placed in RHU for 90 days.
- Martin filed grievances: he exhausted some levels for the water-shutoff grievance but failed to timely complete the administrative process for his excessive-force grievance and did not properly raise alleged loss of “legal work”/retaliation at early grievance levels.
- Martin alleged (1) Davis used excessive force and retaliated by filing misconduct; (2) Gearhart and Knight seized property (including legal materials) and denied access to courts; and (3) Sherman turned off water in Martin’s cell (27½ hours), causing illness and retaliating for abuse complaints.
- District Court granted summary judgment for most defendants on exhaustion or lack of evidentiary support, but the Third Circuit vacated summary judgment as to Sherman on the retaliation claim and affirmed the remainder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martin exhausted administrative remedies for excessive-force claim | Martin filed grievance; delayed SOIGA appeal was excused by alleged misleading language and administrative delay | Defendants: appeal to SOIGA was untimely; administrative process remained available | Court: No exhaustion; statement did not “thwart” remedies and Martin should have appealed — summary judgment affirmed for this claim |
| Whether Martin exhausted and proved denial of access/retaliation re: lost property/legal work | Martin: property (including legal work) was taken/ destroyed, causing PCRA dismissal | Defendants: grievances did not allege legal work or retaliation at required levels; no adequate notice to administration | Court: Failed to properly exhaust claims; defaulted — summary judgment affirmed |
| Whether water shut-off (27½ hours) in RHU violated Eighth Amendment (conditions of confinement) | Martin: water off caused foul conditions, sickness, vomiting, scabies, deprivation of potable water | Defendants: deprivation was brief and not sufficiently serious; Sherman not deliberately indifferent | Court: Objective element not met given short duration and limited severity; no evidence of Sherman’s deliberate indifference — summary judgment for Eighth Amendment claim affirmed |
| Whether Sherman retaliated by shutting off water (retaliation claim) | Martin: water shut off in retaliation for abuse complaints; Sherman told him to “Tell Rick Davis to do it” and “keep your mouth closed” | Defendants: no personal involvement by Sherman; adverse action not sufficient to deter an ordinary prisoner | Court: Evidence of Sherman’s knowledge/acquiescence and water shut-off sufficiently adverse for a jury; summary judgment vacated and remanded on retaliation claim |
Key Cases Cited
- Brown v. Croak, 312 F.3d 109 (3d Cir.) (failure-to-exhaust is an affirmative defense)
- Porter v. Nussle, 534 U.S. 516 (2002) (PLRA exhaustion applies to all inmate suits about prison life)
- Woodford v. Ngo, 548 U.S. 81 (2006) (exhaustion must be proper; untimely/defective appeals do not satisfy PLRA)
- Ross v. Blake, 136 S. Ct. 1850 (2016) (administrative remedies are not required where officials thwart exhaustion)
- Robinson v. Superintendent, 831 F.3d 148 (3d Cir.) (timely failure to respond can render remedies unavailable)
- Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment requires objective deprivation and deliberate indifference)
- Chavarriaga v. New Jersey Dep't of Corr., 806 F.3d 210 (3d Cir.) (denial of potable water for two days may be constitutionally significant)
- Rauser v. Horn, 241 F.3d 330 (3d Cir.) (elements of retaliation claim)
- Bistrian v. Levi, 696 F.3d 352 (3d Cir.) (adverse action assessed by effect on a prisoner of ordinary firmness)