United States District Court, Middle District of Pennsylvania
MARCELLUS A. JONES, Plaintiff
TAYLOR, CAMPBELL and MCCLOSKEY, Defendants
Mehalchick Magistrate Judge
JAMES M. MUNLEY JUDGE United States District Court
Before the court for disposition is plaintiff’s motion to alter or amend a judgment under Federal Rule of Civil Procedure 59(e). (Doc. 97). Plaintiff’s motion seeks alteration of our memorandum and (Docs. 95, 96), which granted defendants’ motion for summary judgment. For the following reasons, we will deny plaintiff’s motion.
In 2011, Plaintiff Marcellus A. Jones (hereinafter “plaintiff”) was incarcerated within the Restricted Housing Unit at the State Correctional Institution in Huntingdon, Pennsylvania (hereinafter “SCI-Huntingdon”). (Doc. 77, Defs.’ Statement of Material Facts (hereinafter “SOF”) ¶ 1). Between May 23, 2011 and June 6, 2011, Plaintiff was issued ten (10) misconduct reports for spitting on staff. (Id. ¶¶ 3-17). These incidents occurred while Plaintiff was housed within an observation cell at SCI-Huntingdon. (Id. ¶ 23).
On June 7, 2011, Defendant Taylor ordered Defendants Campbell and McCloskey to place packing tape around the sides and top of the door where plaintiff had been spitting. (Doc. 76-10, Ex. J, Decl. of Lt. A. Taylor (hereinafter “Taylor Decl.”) ¶¶ 28-29). The tape was a temporary measure until the facility was able to construct a mobile partition that could be placed in front of plaintiff’s cell. (Id. ¶ 34). The packing tape was only on plaintiff’s cell for one or two days. (Id.)
In response, plaintiff initiated the above-captioned pro se action by filing a complaint under the provisions of 42 U.S.C. § 1983. (Doc. 1, Compl.). In his complaint, plaintiff alleged employees of SCI-Huntingdon terrorized him in violation of his Eighth Amendment right against cruel and unusual punishment.
At the conclusion of discovery, defendants filed a motion for summary judgment (Doc. 74), which Magistrate Judge Karoline Mehalchick recommended granting. On March 24, 2014, we adopted Judge Mehalchick’s R&R and granted summary judgment in favor of defendants. (Doc. 95). Plaintiff then filed the instant motion bringing the case to its present posture.
In the present case, plaintiff has filed a motion to alter or amend a judgment pursuant to federal rule of Civil Procedure 59. “A proper Rule 59(e) motion . . . must rely on one of three grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct clear error of law or prevent manifest injustice.” Lazaridid v. Wehmer, 591 F.3d 666, 669 (3d Cir. 2010) (citing N. River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995)). A motion to alter or amend judgment is subject to the “sound discretion of the district court.” Cureton v. Nat’l Collegiate Athletic Ass’n, 252 F.3d 267, 272-73 (3d Cir. 2001).
In our Memorandum dated March 24, 2014, we granted defendant’s motion for summary judgment on plaintiff’s Eighth Amendment conditions of confinement claim. Specifically, plaintiff alleged that the defendants’ decision to place tape around his cell door was a violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.
As we stated in our memorandum, the Eighth Amendment forbids prison officials from subjecting prisoners to inhumane conditions of confinement. Farmer v. Brennan, 511 U.S. 825, 832 (1994). “[P]rison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must ‘take reasonable measures to guarantee the safety of the inmates[.]’” Id. (quoting Hudson v. Palmer, 468 U.S. 517, 526-27 (1984)). Under Farmer, conditions of confinement will violate the Eighth Amendment if the following two-prong test is met: (1) the deprivation is sufficiently serious; and (2) deliberate indifference by the prison official defendants is demonstrated. Id. at 834.
Stated differently, an Eighth Amendment violation exists when the prisoner is denied “the minimal civilized measure of life’s necessities” and the prison official acted with recklessness. Farmer, 511 U.S. at 834-35 (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)). In order to find an Eighth Amendment violation regarding conditions of confinement, the evidence must demonstrate that the prison official was “both aware of facts from which the inference could ...