Judge Lara Montecalvo, who was nominated by President Biden to the First Circuit court of appeals, wrote a unanimous opinion, also joined by Biden nominee Judge Julie Rikelman, which reversed a lower court ruling and allowed a man to go forward with a claim that a prison officialofficial improperly sprayed him in the face with pepper spray. The September 2024 decision was in Segrain v Duffy.
What happened in this case?
Joseph Segrain has been confined at a Rhode Island correctional institution. One day, a guard escorted him to a bathroom area where he could shower and shave and, per routine procedures, issued him supplies including a brush, mirror, and razor. Another guard (Walter Duffy) told him he would have less time than usual in the facility, which led to an argument. After several minutes, Duffy brought pepper spray into the area and stated that force would be used if Segrain did not comply. Duffy told another guard to handcuff him and Segrain complied without incident.
When he was handcuffed, Segrain was still holding the mirror and razor, and no guard had collected them as per the usual procedure. According to his version of the facts and a video, no guard asked Segrain for the supplies or gave him an opportunity to return them before he was led out of the area, and they were clearly visible in his hands.
Guard James Glendinning then noticed the mirror, swatted it out of Segrain’s hand, and then saw the razor. Almost simultaneously, he noticed the razor, ordered that it be dropped and pushed Segrain to the ground. Segrain dropped the razor, but Duffy sprayed him with pepper spray. Glendinning picked up the razor, and Duffy nevertheless again pepper sprayed Segrain, this time directly into his face. Segrain stated that he experienced “intense pain,” was temporarily blinded, and had significant difficulty breathing and “felt like he was going to die.” After about fifteen minutes, he was permitted to take a decontamination shower and was returned to his cell,
Segrain filed a federal court lawsuit seeking damages for excessive use of force against Duffy, Glendinning and others. After some discovery, the lower court granted summary judgment against him, preventing him from taking his case to a jury. He appealed to the First Circuit.
How did Judges Montecalvo and Rikelman and the First Circuit Rule and Why is it Important?
Judge Montecalvo wrote a unanimous opinion, which was joined by Judge Rikelman and Judge Kermit Lipez, that reversed the lower court decision on Duffy’s use of pepper spray and sent the case back so it can go forward. Judge Montecalvo carefully reviewed the record in the case, including a videotape partly showing what happened, and applicable case law. At least with respect to Duffy’s second use of pepper spray, she concluded that a “reasonable jury” could find that the use of pepper spray “amounted to unconstitutional excessive force,” and that Duffy is “not entitled to qualified immunity” at this stage of the case. In fact, Judge Montecalvo found that a reasonable jury could well determine that Duffy’s use of pepper spray was “maliciously and sadistically for the very purpose of causing harm,” which would clearly lead to damages against him.
The decision by Judges Montecalvo and Rikelman is obviously important to Joseph Segrain, who can now pursue his claim for damages and for justice due to Duffy’s use of painful pepper spray. It also provides an important precedent that can be useful in other cases concerning excessive force, particularly in the First Circuit, which includes Rhode Island, Maine, Massachusetts, and New Hampshire.. In addition, the ruling serves as a reminder of the importance of promptly confirming fair-minded judges to our federal courts.