From Casetext: Smarter Legal Research

Watts v. McKinney

United States Court of Appeals, Ninth Circuit
Jan 10, 2005
394 F.3d 710 (9th Cir. 2005)

Summary

holding that "kicking a helpless prisoner's genitals was cruel and unusual conduct"

Summary of this case from Mitchell v. Silva

Opinion

No. 03-16665.

Submitted November 3, 2004.

The panel unanimously finds this case suitable for submission without oral argument pursuant to Fed.R.App.P. 34(a)(2).

Filed January 10, 2005.

Jennifer G. Perkell, Deputy Attorney General, San Francisco, CA, for the defendant-appellant.

Christopher Watts, in pro per.

Appeal from the United States District Court for the Northern District of California; Susan Yvonne Illston, District Judge, Presiding. D.C. No. CV-98-03328-SI.

Before B. FLETCHER, NOONAN, and THOMAS, Circuit Judges.



In his handwritten declaration under oath in his opposition as plaintiff to defendant John McKinney's motion for summary judgment, Christopher Watts stated the following:

During the course of October 10, 1995, the plaintiff was escorted from his cell in punitive segregation and was interrogated by defendant McKinney and other officers at Pelican Bay State Prison (Here after P.B.S.P.). During this interrogation plaintiff stated he did not know of any officers bringing in drugs or knives into the prison and plaintiff repeatedly stated he wanted his attorney present during this interrogation. Defendant McKinney repeatedly threatened plaintiff and his family for not cooperating and stated plaintiff will be sorry. Defendant McKinney immediately escorted plaintiff to a holding cell, and without warning slammed plaintiff face into the wall causing a nose bleed, and swollen eye, and kicked plaintiff in his penis and several times in his back while plaintiff was lying on the cell floor with cuffs on and with his hands behind his back. During these events, plaintiff did not resist or threaten the defendant McKinney in any fashion or break any prison rules.

In the light of this declaration, the district court held that a triable issue of fact was raised, i.e., whether McKinney had applied force "maliciously and sadistically to cause harm" in violation of the Eighth Amendment. Hudson v. McMillian, 503 U.S. 1, 7, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). As to McKinney's claim of qualified immunity, the district court followed Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). The act attributed to McKinney violated a clearly established constitutional right "of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1981).

McKinney, represented by the attorney general of California, appeals, contending that Watts' declaration if accepted as true states no violation of the Eighth Amendment and that "a reasonable officer in defendant McKinney's position would not necessarily have believed" that his conduct was unlawful. McKinney blunts Watts' precise delineation of the assault upon him by describing it as a kick in "the groin."

A lawyer must be zealous on behalf of his client. But zeal needs to be tempered by commonsense. The Supreme Court in Hudson proscribed the use of force for the malicious and sadistic purpose of causing harm. Watts' declaration, describing the vengeful acts of a frustrated investigator, identifies the unconstitutional purpose and deeds. To suppose that any reasonable person, let alone a trained prison officer, would not know that kicking a helpless prisoner's genitals was cruel and unusual conduct is beyond belief. The Supreme Court did not need to create a catalogue of all the acts by which cruel and sadistic purpose to harm another would be manifest; but if it had, such act would be near the top of the list. The case must go to trial.

AFFIRMED.


Summaries of

Watts v. McKinney

United States Court of Appeals, Ninth Circuit
Jan 10, 2005
394 F.3d 710 (9th Cir. 2005)

holding that "kicking a helpless prisoner's genitals was cruel and unusual conduct"

Summary of this case from Mitchell v. Silva

finding prison guard could not reasonably believe he could lawfully kick prisoner who was on the ground and in handcuffs

Summary of this case from Ware v. McDonald

finding prison guard could not reasonably believe he could lawfully kick prisoner who was on the ground and in handcuffs

Summary of this case from Smith v. Stepp

finding that kicking genitals of prisoner who was on the ground and in handcuffs during an interrogation was “near the top of the list” of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Garlick v. County of Kern

finding that prison guard could not reasonably believe that he could lawfully kick the genitals of a prisoner who was on the ground and in handcuffs

Summary of this case from Taylor v. Johnson

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Matthews v. E. Black

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Guy v. Baptista

finding that kicking genitals of prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Green v. Taylor

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Manzanillo v. Moulton

finding prison guard could not reasonably believe he could lawfully kick prisoner who was on the ground and in handcuffs

Summary of this case from Furnace v. Nuckles

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Williams v. Williams

finding that prison guard could not reasonably believe that he could lawfully kick the genitals of a prisoner who was on the ground and in handcuffs

Summary of this case from Trujillo v. Jacquez

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Thomas v. Celaya

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from HARRIS v. THOM

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Reyes v. Kirkland

finding that kicking the genitals of a prisoner who was on the ground and in handcuffs during an interrogation was "near the top of the list" of acts taken with cruel and sadistic purpose to harm another

Summary of this case from Murphy v. Shelby

finding that prison guard could not reasonably believe that he could lawfully kick the genitals of a prisoner who was on the ground and in handcuffs

Summary of this case from Henderson v. City & County of San Francisco

finding that prison guard could not reasonably believe that he could lawfully kick the genitals of a prisoner who was on the ground and in handcuffs

Summary of this case from Carrasco v. Officer Campagna

In Watts v. McKinney, 394 F.3d 710, 711 (9th Cir. 2005), the plaintiff alleged that when he did not answer an interrogating prison officer's questions the way the officer hoped and repeatedly asked for a lawyer, the officer slammed the inmate's face into a wall and then kicked him in the penis and back while the inmate was lying handcuffed on the floor.

Summary of this case from Ellis v. Brady

In Watts v. McKinney, 394 F.3d 710, 712 (9th Cir. 2005), the Ninth Circuit rejected an appeal of the denial of qualified immunity, finding that a reasonable officer would have known that kicking a helpless prisoner in the genitals was cruel and unusual.

Summary of this case from Perry v. Post
Case details for

Watts v. McKinney

Case Details

Full title:Christopher L. WATTS, Plaintiff-Appellee, v. J. McKINNEY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 10, 2005

Citations

394 F.3d 710 (9th Cir. 2005)

Citing Cases

Smith v. Zavala

See id. at 692-93 (guard who shot passive, unarmed inmate standing near a fight between other unarmed inmates…

Henderson v. City & County of San Francisco

For excessive force claims, courts first inquire into the objective reasonableness of the officer's belief in…