Peggy Harrison and Raymond Hymes v. Natchitoches Parish Sheriff's Dept.

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

04-928

PEGGY HARRISON AND
RAYMOND HYMES

VERSUS

NATCHITOCHES PARISH SHERIFF’S DEPT., ET AL.

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APPEAL FROM THE
TENTH JUDICIAL DISTRICT COURT
PARISH OF NATCHITOCHES, NUMBER 72796-B
HONORABLE FRED SEXTON, JR., PRESIDING

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SYLVIA R. COOKS
JUDGE
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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and
Michael G. Sullivan, Judges.

AFFIRMED.

Donald G. Kelly
Kelly, Townsend & Thomas
P.O. Box 756
Natchitoches, Louisiana 71458-0756
(318) 352-2353
COUNSEL FOR PLAINTIFF/APPELLANT:
Raymond Hymes

Laura J. Johnson
126 Touline Street
Natchitoches, Louisiana 71457
(318) 352-9125
COUNSEL FOR PLAINTIFF/APPELLANT:
Peggy Harrison

L. Lane Roy
Dawn L. Morris
Preis, Kraft & Roy
P.O. Drawer 94-C
Lafayette, Louisiana 70509
(337) 237-6062
COUNSEL FOR DEFENDANT/APPELLEE:
Natchitoches Parish Sheriff’s Department
Boyd B. Durr
Victor Jones, Jr.

Ronald Corkern, Jr.
Corkern & Crews
P.O. Box 1036
Natchitoches, Louisiana 71457-1036
COUNSEL FOR DEFENDANT/APPELLEE:
Natchitoches Parish Sheriff’s Department
Boyd B. Durr
Victor Jones, Jr.

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COOKS, Judge.

STATEMENT OF THE CASE

On October 9, 1999, Spencer Hymes, while incarcerated in the Natchitoches

Parish Detention Center, was severely beaten by another inmate, Jerry “Lou”

Johnson. Several months after this beating, Spencer Hymes died as a result of the

injuries he sustained during the incident. Peggy Harrison and Raymond Hymes filed

a wrongful death and survival action on behalf of their son, Spencer Hymes, against

the Natchitoches Parish Sheriff’s Department, Boyd B. Durr, the former Natchitoches

Parish Sheriff, Victor Jones, the current Natchitoches Parish Sheriff, John Doe and

Jerry “Lou” Johnson.

The facts indicate on the evening of October 8, 1999, Jerry Johnson was placed

in lockdown for standing in front of a window in his underwear. When confronted,

Johnson cursed the law enforcement officers. Backup was called for and Sgt.

Williams and Officer Robinson escorted Johnson to lockdown. At approximately

2:15 a.m. Spencer Hymes was also sent to lockdown for being in an unauthorized area

and for alleged aggravated disobedience. Hymes was placed in the cell with Johnson.

While Hymes was sleeping, Johnson began to severely beat him about the head with

his foot. Johnson stated: “[T]hat morning we started arguing with each other and

then when he went to sleep my mind just clicked and I just woke up and started

stumping him in the head. . . . I kept on stumping him and then he started spitting

blood out the mouth. Then I beat on the door. I called for Ms. Joseph, told her he

was having a seizure.” Johnson eventually pled guilty to manslaughter.

The Plaintiffs allege Spencer Hymes’ death was caused by the intentional acts

of Johnson and by the negligence and recklessness of the Natchitoches Parish

Sheriff’s Department in failing to prevent the beating, failing to train employees to

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prevent such beatings, failing to supervise, and failing to act reasonably under the

circumstances. Plaintiffs contend the Natchitoches Parish Sheriff’s Department had

reasonable cause to anticipate Hymes would suffer harm because of the violent and

volatile nature of Jerry Johnson; and it failed to use reasonable care to prevent the

harm. The Defendants moved for Summary Judgment. The trial court granted

Defendants’ Motion for Summary Judgment and dismissed the Plaintiffs’ petition.

For the reasons assigned below, we affirm the decision of the trial court.

LAW AND DISCUSSION

Two Louisiana Supreme Court cases, Parker v. State, 282 So.2d 483 (La.1983)

and Jackson v. Phelps, 95-2294 (La. 4/8/96), 672 So.2d 665, discuss the applicable

burden of proof to establish a penal institution is negligent in protecting inmates. In

Parker, the plaintiff, George Parker, an inmate in the Louisiana State Penitentiary,

was stabbed by Edmonson, another inmate, while in his bunk asleep. Edmonson had

a history of violence during his prison stay. Prior to stabbing Parker, Edmonson was

involved in three other incidents where he cut or struck another inmate using a

weapon. Edmonson threatened Parker, and Parker stated he reported the threats to

prison officials. The supreme court affirmed a dismissal of the complaint, stating:

The applicable rule has been frequently stated. A penal institution
is not an insurer of an inmate against attacks by other inmates. The
standard is that of reasonable or ordinary care. The majority rule is that
in order to hold the penal authorities liable for an injury inflicted upon
an inmate by another inmate, the authorities must know or have reason
to anticipate that harm will ensue and fail to use reasonable care in
preventing the harm.
The record in the present case supports a finding that the penal
authorities received notice that the plaintiff feared an attack from
Edmonson. Such a notice alone, however, is insufficient to support
liability under the above rule. Scores of reports of this kind are received
weekly in the prison environment. For liability, the law requires at least
adequate reason to anticipate harm and failure to take reasonable action
to avert it.

Id. at 486. (Emphasis added)(citations omitted).

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Parker argued prison officials were negligent, once they knew of the threats,

and failed to isolate him or place him in a facility apart from Edmonson. The

supreme court found the “steps taken by the authorities which included a conference

with the prisoners and a search for weapons, were reasonable under the

circumstances.” Id. at 487.

In Jackson, James Jackson, an inmate at Dixon Correctional Institute (DCI)

sued to recover damages for injuries he received when another inmate, James Smith,

cut his throat and stabbed him. Prior to the incident, Jackson did not disclose to

prison officials that he feared being attacked by Smith. The Louisiana Supreme Court

reversed a lower court finding of liability, stating:

The record in this case clearly establishes that the penal
authorities at DCI had no reasonable cause to anticipate harm to
plaintiff. Smith’s attack on Jackson came without warning to Jackson
and prison officials. The warden testified that if he had known that
Jackson and Smith were enemies, he would have kept them apart. The
chief of security testified at trial that when a prisoner feels at risk from
attack by another inmate, the prisoner can request to be placed in
administrative lockdown.

Id. at 667.

A fellow inmate also testified he never witnessed any arguments between

Jackson and Smith. Of significance to the supreme court was “that no one anticipated

any difficulty between Jackson and Smith. The attack appeared to be spontaneous

and unprovoked.” Id.

In the present case, the Defendants argue the Plaintiffs cannot prove: (1) the

employees of the Natchitoches Parish Detention Center had reasonable cause to

anticipate harm to Spencer Hymes; and (2) they failed to use reasonable care in

preventing such harm. In support of their motion for summary judgment, Defendants

submitted an affidavit from Crawford Ficklin, Jr., warden of the Natchitoches Parish

Detention Center. Warden Ficklin stated neither Spencer Hymes nor Jerry Johnson

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had a history of violence while incarcerated. He had no knowledge of any animosity

between Hymes or Johnson prior to this incident. Hymes never informed him he

feared being attacked by Johnson. Additionally, the Defendants submitted the

affidavits of Loraine Joseph, a correctional officer at the Natchitoches Parish

Detention Center. Officer Joseph stated Jerry Johnson did not have a history of

violence while incarcerated. She had no knowledge of any animosity between

Johnson and Hymes. Hymes never told her he was afraid of being attacked by

Johnson. Officer Joseph also stated: “In particular, to my knowledge, prior to

10/8/99, Hymes and Johnson had not argued, disagreed and/or fought for any reason.”

Affidavits of Officer Jerry Remedis, Officer Derrick Turner, and Sgt. Danny

Williamson, all correctional officers at the Natchitoches Parish Detention Center,

attested to basically the same facts as Officer Joseph.

The Plaintiffs contend Johnson’s attack on Hymes could have been reasonably

anticipated by law enforcement officials. Plaintiffs assert law enforcement officials

knew of Johnson’s violent and volatile personality, behavior disorders, his criminal

background as a juvenile and his convictions for simple burglary of an inhabited

dwelling, battery, possession of an illegal weapon and armed robbery. In support of

their position, the Plaintiffs offered copies of Johnson’s school records and his record

of criminal convictions, along with affidavits from his mother, Eunice Johnson, Sgt.

Brad Walker of the Natchitoches Parish City Police Department and Deputy Kevin

Stafford of the Natchitoches Parish Sheriff’s Office.

Ms. Eunice Johnson attested to the following:

That my son has had behavioral disorders since a very early age
which started when he was in school. That he was teased and picked on
because of his being a special ed student. A copy of the school records
attached as Exhibit C reflects the propensity my son had for violence
and disruptiveness in his early years. My son’s behavior was so
disruptive that on occasion he traveled home on a school bus with no

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other students. Also when he was in very young (kindergarten age) he
was sent home by his teacher and it was stated to me that he could not
attend school wearing boots because he kicked other students. On
numerous occasions my son was home bound from school because of his
behavior.
....
During the years prior to my son reaching 17 years of age, he was
in and out of Ware Detention Center, Cane River Children’s Home and
North Louisiana Regional Hospital, all for behavioral problems, his
temper and his violent nature.

Deputy Kevin Stafford of the Natchitoches Parish Sheriff’s Department

attested to the following:

Affiant knows and has personal knowledge of Jerry Johnson a/k/a
Jerry Joseph Johnson and commonly referred to in the community as
“Lou Dog.”
On numerous occasions over the years, affiant has worked with
Jerry Johnson, counseled with him and participated in various programs
with him. It was obvious to affiant that Jerry Johnson had a propensity
for violence and is a very explosive person.
Affiant continued to counsel with Jerry Johnson and has specific
recollection of Jerry Johnson coming to the Sheriff’s Office seeking my
help regarding his anger management. During this conference Jerry
Johnson indicated his need for help and stated he was “afraid he was
going to hurt somebody.”

Sgt. Brad Walker of the Natchitoches Parish Police Department attested to the

following:

Affiant knows and has personal knowledge of Jerry Johnson a/k/a
Jerry Joseph Johnson and commonly referred to in the community as
“Lou.”
Affiant further deposed that Jerry Johnson’s reputation in the law
enforcement community of Natchitoches, Louisiana was a continuing
history of violence.
....
In either the year 1999 or the year 2000, I arrested Jerry Johnson
on charges of armed robbery. He had entered the Easy Money Loan
Company, pulled a knife and demanded money. He was either on parole
or probation at the time of the incident. On February 7, 2000, he pled
guilty to armed robbery.

We find the affidavits submitted by Plaintiffs are not enough to defeat a motion

for summary judgment. Based on jurisprudence by our Supreme Court, the

Natchitoches Parish Sheriff’s Department must know or have reason to anticipate

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harm will ensue. Although Ms. Johnson, Deputy Stafford and Sgt. Brad Walker may

have known of Johnson’s propensity for unprovoked outbursts of violence, Plaintiffs

have failed to prove this information was shared with the officers at the correctional

facility or placed in Johnson’s file. Moreover, the affidavits submitted by the

Defendants indicate Johnson did not have a history of violent behavior toward other

inmates in the prison nor was there any evidence of prior animosity between Johnson

and Hymes to place prison officials on notice. Absent such evidence, we conclude

the Plaintiffs will not be able to establish prison officials knew or had reason to

anticipate harm to Hymes by Edmonson, and failed to use reasonable care to prevent

the harm. Parker, 282 So.2d 483. Accordingly, we affirm the decision of the trial

court.

DECREE

Based on the foregoing review of the record, we affirm the decision of the trial

court dismissing Plaintiffs claim. All costs of this appeal are assessed to Plaintiffs.

AFFIRMED.

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