United States District Court, E.D. Arkansas, Western Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
Chief District Judge Brian S. Miller. Any party may file
written objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received by
the Clerk of this Court within fourteen (14) days of this
Recommendation. If no objections are filed, Judge Miller can
adopt this Recommendation without independently reviewing all
of the evidence in the record. By not objecting, you may also
waive any right to appeal questions of fact.
Jones ("Jones") is a prisoner in the Milwaukee
County House of Correction. He has filed this pro se
' 1983 action alleging that, while he was a pretrial
detainee in the Pulaski County Regional Detention Facility
("PCRDF"), Defendants Chief Mike Sylvester
("Sylvester"), Major Matthew Briggs
("Briggs"), Lieutenant Jackson Bennett
("Bennett"), Lieutenant Vivalon Nelson
("Nelson"), and Classification Representative
Sylvia Wilson ("Wilson") retaliated against him for
seeking medical care and subjected him to inhumane conditions
of confinement. Docs. 2, 6, 7, & 8. Jones brings
these claims against Defendants in their individual
capacities only. Doc. 15.
have filed a Motion for Summary Judgment on the merits of
Jones's claims, two Briefs in Support, two Statements of
Undisputed Facts, and a Reply. Docs. 59, 60, 61, 71, 78,
& 79. Jones has filed several Responses, a Statement
of Disputed Facts, and Affidavits. Docs. 64, 68, 69, 70, 72,
73, 74, & 75.
addressing the merits of the Motion for Summary Judgment, the
Court will summarize the relevant facts giving rise to
Jones's retaliation and inhumane conditions of
1. On May 31, 2016, Jones was booked in the PCRDF and
assigned to general population in S-Unit. Defendants concede,
for purposes of summary judgment, that Jones was "a
pretrial detainee at all times during his incarceration at
the PCRDF." Doc. 60 at Ex. 1-1; Doc. 78 at Ex.
2. From June 13 to July 23, 2016, Jones filed four grievances
complaining about what he believed to be inadequate medical
care for chest pains. Those grievances were denied by
non-parties. Doc. 3 at 9; Doc. 60 at Ex. 2-2; Doc. 68 at
3. On July 23, 2016, the air conditioning in S-Unit stopped
working. Sometime in the afternoon, Jones told a non-party
guard that the heat was causing him to have chest pains.
Around 2:15 p.m., the detainees in S-Unit refused to lock
down in their cells in protest of the hot conditions. The
parties disagree as to whether Jones participated in that
protest. Briggs ordered the Special Emergency Response Team
("SERT") to S-Unit. Two minutes after the SERT
arrived at S-Unit, the detainees stopped their protest and
entered their lock down cells without incident. The SERT
identified Jones as one of the two "ring leaders"
of the protest, removed him from S-Unit, and placed him in
administrative segregation cell U-406. Briggs and Sylvester
ordered that Jones: (a) remain in his administrative
segregation cell twenty-three hours a day; and (b) be placed
in "full restraints" with a "black box"
when he was allowed out of his administrative segregation
cell for one hour each day to shower, make phone calls, and
have visitation. Doc. 2; Doc. 60 at Exs. 1-2, 1-3; Doc.
78 at Ex. 1-4.
4. Later that day, a non-party member of the SERT filed an
incident report accusing Jones of disobeying orders and being
one of the "ring leaders of the refusal to lock
down" in S-Unit. Doc. 71 at Ex. 1; Doc. 78
at Ex. 1-4.
5. While Jones was in cell U-406, he complained to Bennett
that his toilet, which contained feces and urine, would not
flush. Jones also raised that complaint in two grievances,
which were denied by a non-party. Doc. 3 at 1 & 7;
Doc. 7; Doc. 60 at Ex. 2-3.
6. On July 27, 2016, the Classification Board, which included
Wilson, held a hearing to review the incident report filed
against Jones. At the conclusion of that hearing, the
Classification Board determined that: (a) Jones had disobeyed
orders and was one of the "ring leaders" of the
July 23, 2016 disturbance in S-Unit; and (b) when Jones was
allowed to leave his cell for one hour each day, he should be
placed in full restraints, with a black box, the highest
security requirement at the PCRDF. Nelson affirmed both
decisions on appeal. Doc. 3; Doc. 78 at Exs. 1, 1-4, 1-5,
7. On July 29, 2016, Jones was transferred from cell U-406 to
cell T-402 in administrative segregation. Jones does
not allege that the toilet in T-402 was
malfunctioning or that he had insufficient toilet paper while
held in that cell. Doc. 60 at Ex. 1-3.
8. On August 3, 12, and 19, 2016, the Classification Board
reviewed and reaffirmed their earlier decision that Jones
should remain in administrative segregation and be placed in
full restraints, with a black box, ...