2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-4-2005

Shabazz v. Felsnik

Precedential or Non-Precedential: Non-Precedential

Docket No. 04-2367

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Recommended Citation

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NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

________________

No. 04-2367

________________

YUSUF SHABAZZ a/k/a Joseph Hall

v.

FELSNIK, Personal and Capacity; MCCOOL, Personal and

Capacity; DOSKY, Personal and Capacity; PETERSON, Personal

and Capacity; WILLIAM CICENIA, Correction Officer, Personal

and Capacity, a/k/a John Doe (1); WILLIAM MCCOOL, Correction

Officer, Personal and Capacity, a/k/a John Doe (2); SCOTT

THERIAULT, Correction Officer, Personal and Capacity, a/k/a

John Doe (3); WILLIAM LANFRANK, Correction Officer, Personal

and Capacity, a/k/a John Doe (4); DONALD WINKLER, Correction

Officer, Personal and Capacity, a/k/a John Doe (5)

Yusuf Shabazz,

 Appellant

___________________

On Appeal From the United States District Court

For the District of New Jersey

(D.C. Civ. No. 01-CV-01319)

District Judge: Honorable Anne E. Thompson

________________

Submitted Under Third Circuit LAR 34.1(a)

April 21, 2005

Before: RENDELL, AMBRO and FUENTES, Circuit Judges

(Filed : May 4, 2005)
2

________________

OPINION

________________

PER CURIAM

Yusuf Shabazz appeals from judgment entered in favor of defendants after a jury

trial in the United States District Court for the District of New Jersey. We will affirm.

Shabazz’ complaint was based on the following allegations. On February 18,

2000, Yusuf Ali Shabazz was incarcerated at the Morris County Jail. He alleged in his

complaint that around 11:00 p.m., Officer Felsnik opened his cell, allowing Officer

McCool to enter, although they were not authorized to be in his cell without a supervising

sergeant present. McCool then became “belligerent, disrespectful and very aggressive”

towards Shabazz. Around 12:45 a.m., Sgt. Dosky and five other defendants came to

Shabazz’ cell, hog-tied him, and carried him to lock-up. In the process, Shabazz’ right

shoulder was dislocated and he sustained a fracture of the right arm and swelling in both

arms. He was examined by a prison doctor the next day and referred to Morristown

Memorial Hospital for treatment of his injuries. Shabazz filed a complaint alleging

excessive force and also alleging violation of due process when he was sanctioned for 15

days disciplinary detention without due process.

On June 26, 2001, the District Court dismissed the due process claim for failure to

state a claim, finding that Shabazz’ 15-day detention was not substantial or atypical. 

However, the Court allowed the Eighth Amendment excessive force claim to go forward.
 The Court also later denied his renewed motions for appointment of counsel. 1

 Although Shabazz filed a motion for a new trial, he did not appeal the order denying 2

that motion.

3

In February 2002, the Magistrate Judge assigned to the case denied Shabazz’ motion for

appointment of counsel. Following discovery, the matter proceeded to a three-day jury 1

trial. The jury returned a verdict in favor of defendants and against Shabazz. Shabazz

filed a timely appeal from the judgment entered against him.2

In his brief, Shabazz raises three grounds for relief. First, he argues that the

District Court improperly denied his motions for appointment of counsel. Second, he

alleges that he had inadequate discovery. Third, he alleges that there were no minorities

on his jury.

The District Court properly applied the factors set forth in Tabron v. Grace, 6 F.3d

147 (3d Cir. 1993), in denying Shabazz’ motions for counsel. First, the Court noted that

the legal and factual issues were not complex. The matter concerned whether certain

correctional officials used excessive force, primarily a fact question for the jury. The

Court also found that Shabazz was able to articulate his issues. The case did not require

expert testimony. We hold that the Court did not abuse its discretion in denying Shabazz’

motions. Tabron, 6 F.3d at 158 (stating that court’s decision to deny appointment of

counsel is reviewed for abuse of discretion).

Shabazz’ second claim is that he was denied adequate discovery. Appellees argue

that they produced everything requested in discovery, including complete copies of his
4

medical records and reports of the investigation of the alleged assault. Although it is not

entirely clear, it appears that Shabazz claims that the items produced in discovery were

altered to cover up what happened. His unsupported allegations are not sufficient to

support appellate relief.

Shabazz’ third claim is that minorities were excluded from his jury. A plaintiff in

a civil action who claims that racial discrimination occurred in jury selection must

establish a prima facie case, including information about whether there has been a pattern

of strikes against members of a particular race. Edmonson v. Leesville Concrete Co., 

500 U.S. 614, 631 (1991). Shabazz has provided no evidentiary support for this claim.

For the foregoing reasons, we will affirm.