Calhoun v. Hargrove.

U.S. Appeals Court

VERBAL HARASSMENT 

Calhoun v. Hargrove, 312 F.3d 730 (5th Cir. 2002). A state prisoner field a pro se civil rights action seeking compensatory and punitive damages and injunctive relief. The district court dismissed the action. The appeals court reversed in part and remanded. The appeals court held that the prisoner's claims of verbal harassment were not actionable until [section] 1983, nor were his claims that he was once forced to get on his knees and beg for his lunch. The court concluded that such verbal abuse or humiliation qualified as "physical injury" as required to support a claim. The appeals court found that allegations that a prison official, knowing of a maximum 4-hour limitation established by a physician, forced the prisoner to work long hours far in excess of his medically-ordered maximum, were sufficient to state claim and to recover for physical injury. The prisoner alleged that his prolonged work hours resulted in elevated blood pressure levels that were dangerously high. The prisoner was assigned to the prison's administration building as a support services inmate porter. His duties included mopping, sweeping and waxing floors, emptying trash, cleaning windows, dusting offices, cleaning restrooms, moving furniture and other janitorial duties. The prisoner claimed that a prison Captain called him names such as "crack smoker," "thief," and "whore," and made him work 10, 12 and even 14-hour days. (Texas)