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LaMarca v. Turner

United States Court of Appeals for the Eleventh Circuit

July 7, 1993, Decided ; July 7, 1993, Filed

No. 90-5909

Opinion

 [*1530]  TJOFLAT, Chief Judge:

This is a suit brought by ten present and former inmates of Glades correctional Institution (GCI), a Florida prison. They seek individually, under 42 U.S.C. § 1983 [**2]  (1988), money damages for cruel and unusual punishment they allege they suffered because of the deliberate indifference of a former superintendent of the institution, Randall Turner. The plaintiffs still housed at GCI also seek an injunction, on behalf of all present and future inmates at the prison, against the current superintendent, Chester Lambdin, to correct certain allegedly unconstitutional conditions of confinement.

After the parties joined issue (on the plaintiffs' third amended complaint), the district court, having denied Turner's demand for a jury trial, tried the ten damages claims and entered judgment for eight of them. 2 Turner appealed, but we dismissed the appeal for want of a final judgment as the district court had not disposed of the still pending claim for injunctive relief. LaMarca v. Turner, 861 F.2d 724 (11th Cir. 1988) (Table) (the first appeal). After our order dismissing the appeal reached the district court, Turner moved the court to reopen the record on the plaintiffs' damages claims so that he could introduce some additional evidence on the issue of liability. The court, concluding that it lacked jurisdiction to revisit [**3]  those claims, denied the motion. The court then turned to the claim for injunctive relief.

After hearing five days of testimony relating to the current conditions of confinement, the court identified several areas of concern that "require[d its] attention." Although the challenged prison conditions had improved considerably, the court concluded that injunctive relief was necessary. The court's final judgment therefore granted injunctive relief and the money damages previously awarded, along with attorney's fees under 42 U.S.C. § 1988 (1988). The instant appeal is from that final judgment. Turner appeals the damages awards; Lambdin appeals the injunction.

We now vacate all of the damages awards and remand them for further proceedings. We do so as to five of the appellees because the court [**4]  should have honored Turner's demand for a jury trial. As to the three remaining appellees, the court applied the wrong legal standard for Eighth Amendment damages liability and, moreover, erred in concluding that it lacked jurisdiction (following dismissal of the first appeal) to reopen the record and entertain the evidence Turner proffered in defense of the damages claims. Finally, we vacate in part the injunction against Lambdin and remand the matter of equitable relief for further proceedings.

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995 F.2d 1526 *; 1993 U.S. App. LEXIS 17241 **; 7 Fla. L. Weekly Fed. C 563

ANTHONY LaMARCA, MARTIN SAUNDERS and EDWIN JOHNSON, individually and on behalf of all others similarly situated, and DAVID ALDRED, STEVE H. BRONSON, JR., EDDIE COBB, RON DURRANCE, WAYNE EPPRECHT, MICHAEL GORDON and BILLY JOE HARPER, individually, Plaintiffs-Appellees, v. R. V. TURNER, individually in his former capacity as Superintendent of Glades Correctional Institution, CHESTER LAMBDIN, in his official capacity as Superintendent of Glades Correctional Institution, Defendants-Appellants.

Prior History:  [**1]  Appeal from the United States District Court for the Southern District of Florida. D. C. Docket No. 82-8196-CIV-JCP. D/C Judge PAINE

CORE TERMS

inmates, district court, conditions, plaintiffs', injunctive relief, staff, violence, deliberate indifference, confinement, jury trial, assaults, rape, claim for damages, magistrate judge, infirm, prison, constitutionally infirm, right to a jury trial, new issue, contraband, causation, continuance, injunction, dorms, disregarded, indifferent, atmosphere, challenges, recklessly, parties

Civil Procedure, Standards of Review, Substantial Evidence, General Overview, Trials, Jury Trials, Right to Jury Trial, Civil Rights Law, Section 1983 Actions, Elements, Causal Relationship, Constitutional Law, Bill of Rights, Fundamental Rights, Cruel & Unusual Punishment, Protection of Rights, Scope, Prisoner Rights, Confinement Conditions, Criminal Law & Procedure, Postconviction Proceedings, Imprisonment, Color of State Law, Immunity From Liability, Local Officials, Deliberate Indifference, Crimes Against Persons, Assault & Battery, Simple Offenses, Sentencing, Injunctions, Grounds for Injunctions, Trial by Jury in Civil Actions