77 F.R.D. 356 | M.D. Penn. | 1977
MEMORANDUM AND ORDER
Plaintiff, presently confined at the State Correctional Institution in Dallas, Pa., brought this action pro se regarding the conditions of confinement while plaintiff was a pretrial detainee at Wyoming County Prison. Of the four defendants originally named in this action, only the prison Warden remains. The motion to dismiss was denied this defendant on the ground that the cumulative effect of conditions as alleged could constitute cruel and unusual punishment.
*357 “[t]he Court cannot and will not ignore these allegations, especially on a motion to dismiss, where taking as true all the allegations and drawing the inferences most favorable to plaintiff, it must appear that he is entitled to no relief. Gray v. Creamer, 465 F.2d 179 (3d Cir. 1972).”
Memorandum of March 26, 1976. See also Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). In addition, defendant was denied summary judgment when plaintiff submitted a sworn affidavit repeating the general allegations of the complaint, as summarized in the Court’s March 26th Memorandum.
Rule 16 permits the holding of pretrial conferences to consider, inter alia, simplification of the issues, the possibility of obtaining admissions of fact which will avoid unnecessary proof, and “[s]uch other matters as may aid in the disposition of the action.” Plaintiff is, of course, pro se, and any use of the pretrial conference must accommodate that reality. Fortunately, Rule 16 is intended as a flexible device to be adapted to the problems of the particular ease. See 6 C. Wright & A. Miller, Federal Practice & Procedure, Civil § 1521, at 565-66 (1971). The pretrial conference is never to be used as a substitute for trial: the Court is not empowered to resolve disputed issues of fact and render a decision after presentation of the issues. Nevertheless, just as the Court may render judgment on immaterial issues and issues for which there is no dispute of material fact, “judgment may be ordered ... if there is no triable issue left at the end of the discussion.” Id. § 1525, at 592-93. See Newman v. Granger, 141 F.Supp. 37, 39 (W.D.Pa. 1956), aff’d per curiam, 239 F.2d 384 (3d Cir. 1957) (agreement on all necessary and relevant facts permits decision on the merits). See also Matlack, Inc. v. Hupp Corp., 57 F.R.D. 151, 160 (E.D.Pa.1972). Cf. Joiner Systems, Inc. v. AVM Corp., Inc., 517 F.2d 45, 47-48 (3d Cir. 1975).
After consideration of the specific details of plaintiff’s complaint, as refined by open discussion at the pretrial conference,
At the pretrial conference, plaintiff identified the following specific conditions which existed at the Wyoming County Prison during the period of his incarceration: (1) no heat; (2) no recreational facilities; (3) failure to provide three well-balanced meals daily; (4) no clothing issued; (5) prisoners were required to wash their eating utensils in a sink which was also used for doing laundry; (6) windows in the cells had no glass panes; (7) no recreational library or reading materials; (8) insane inmates housed with the general population; (9) no clean bedding; and (10) overall dirty and unsanitary conditions. Although plaintiff had raised several other claims regarding lack of religious services, medical care, and legal materials in his complaint, these claims were not mentioned at the pretrial conference. In determining whether conduct or conditions such as those complained of here violate the Eighth Amendment, the basic test is whether the conduct is of such a character as to violate fundamental fairness or as to shock the conscience as measured by evolving standards of contemporary society. Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630 (1958); Howell v. Cataldi, 464 F.2d 272 (3d Cir. 1972); Padgett v. Stein, 406 F.Supp. 287 (M.D.Pa. 1975). When no single condition at a prison would constitute cruel and unusual punishment, several courts have concluded that inmates have nevertheless suffered cruel and unusual punishment as a result of exposure to the cumulative effect of prison conditions. See, e. g, Holt v. Sarver, 442 F.2d 304, (8th Cir. 1971); Brenneman v. Madigan, 343 F.Supp. 128 (N.D.Calif.1972); Jones v. Wittenberg, 330 F.Supp. 707, aff’d sub nom. Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972).
After consideration of the pleadings and the discussion at the pretrial conference, I have determined that plaintiff’s allegations regarding the cumulative effect of conditions at Wyoming County Prison are not “shocking to the conscience” and do not violate basic standards of decency. Although the prison conditions as alleged by plaintiff in his complaint seemed rather harsh, these allegations were modified and clarified considerably during the course of the pretrial conference. These admissions and concessions cast this matter in a vastly different light as will be demonstrated by the comments that follow. For example, although there was no heat supplied during plaintiff’s confinement, it is undisputed that he was held at the County Prison during the summer months. Inmates were required to rinse their eating utensils themselves, but the utensils were then given to the cook to be washed.
. In a subsequent decision the Third Circuit has ruled that the Eighth Amendment does not protect pretrial detainees. See Hampton v. Holmesburg Prison Officials, 546 F.2d 1077 (d Cir. 1976). However, the court went on to state that the substantive protections of the Eighth Amendment apply to pretrial detainees through the due process clause of the Fourteenth Amendment.
. The allegations are discussed in greater detail infra.
. See Fassett v. Brewer, Civil No. 75-1604 (M.D.Pa. filed Dec. 31, 1976).
. The court stenographer was present at the pretrial conference and recorded the discussion.
. During one 24-hour period, plaintiff did not receive any meals as a result of his refusal to rinse his dishes. He agreed to do so the next day, however, and the dispute ended.