Avery Williams v. Larry Norris, 176 F.3d 1089

Avery Williams v. Larry Norris

176 F.3d 1089

8th Cir.

1999

Check Treatment

Avery D. WILLIAMS, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction; Perry, Major, Chief of Security, North Central Unit; Steve Lively, Disciplinary Hearing Officer, North Central Unit; Larry May, Warden/Center Supervisor, North Central Unit; David Guntharp, Grievance Administrator, Central Office, Appellees.

No. 99-1743

United States Court of Appeals, Eighth Circuit

Submitted April 7, 1999. Decided May 14, 1999.

180 F.3d 1089

compensatory damage award was patently insufficient to compensate Trobaugh for the injury he suffered by being placed in segregation in retaliation for exercising a constitutional right. See

Simmons v. Cook, 154 F.3d 805, 809 (8th Cir.1998) (upholding $2,000 damage award for paraplegic inmates placed in solitary confinement for thirty-two hours); (citing cases suggesting appropriate damage range for unconstitutional segregation is between $25 and $129 per day). Therefore, we reverse the District Court‘s $1 award and remand so that the Court may award damages of an appropriate amount, which we believe would be in the vicinity of $100 per day for each of the three days Trobaugh spent in administrative segregation. See (compensatory damages of $100 per day of solitary confinement not excessive or arbitrary).

Further, we ask the District Court to reconsider awarding punitive damages against Hall. The undisputed evidence showed that Hall deliberately punished Trobaugh for exercising his First Amendment right to submit grievances and successfully intimidated Trobaugh from filing further grievances. This conduct amounted to reckless or callous indifference to Trobaugh‘s First Amendment right to submit grievances, and may call for deterrence and punishment over and above that provided by a compensatory award. See

Williams v. Brimeyer, 116 F.3d 351, 352-355 (8th Cir.1997) (defendants who unconstitutionally denied inmate incoming mail were callously indifferent to inmate‘s First Amendment rights and $1,000 punitive damage award was appropriate); (standard for awarding punitive damages). The issue of punitive damages should be reconsidered in light of our holding that the amount of compensatory damages awarded was insufficient.

On de novo review of the District Court‘s grant of summary judgment to Carr, see

Andrews v. Fowler, 98 F.3d 1069, 1074 (8th Cir.1996), we affirm. Trobaugh‘s evidence was insufficient to create a genuine issue as to Carr‘s actual knowledge of and deliberate indifference to Trobaugh‘s unconstitutional placement in administrative segregation. See .

Accordingly, we reverse and remand in part, and affirm in part. We deny Trobaugh‘s motion for appointment of counsel on appeal.

Avery D. Williams, argued, pro se.

Sara Merritt, Asst. Attorney General, Little Rock, AR, argued, for Appellees.

Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BEAM, Circuit Judges.

PER CURIAM.

Avery D. Williams, an Arkansas inmate, appeals from the district court‘s order dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required under 42 U.S.C. § 1997e(a). Williams had claimed that Arkansas Department of Correction officials violated his constitutional rights and his rights under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4, by imposing a grooming policy which prohibited Williams—a Rastafarian—from wearing his hair in “dreadlocks.” We conclude the district court improperly granted defendants’ motion to dismiss, as the record demonstrates that Williams‘s grievance had been denied by the Warden and the Assistant Director at the time the court ruled. Accordingly, we reverse and remand to allow Williams an opportunity to proceed on his claims.