Opinion

Golden v. Cox

Court
District Court, S.D. Illinois
Filed
Sep 27, 2022
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

ERIC GOLDEN, #B-05324 )

)

Plaintiff, )

)

v. ) Case No. 19-cv-855-RJD

)

IAN COX, et al., )

)

Defendants. )

)

ORDER

DALY, Magistrate Judge:

Plaintiff, currently incarcerated within the Illinois Department of Corrections, filed this

lawsuit pursuant to 42 U.S.C. §1983. Plaintiff alleges that Defendants Ian Cox, Marcus Myers,

Sr., and Charles Heck violated his First Amendment rights at Pinckneyville Correctional Center

(Doc. 14). This matter comes before the Court on Defendants’ Motion for Summary Judgment

(Docs. 39 and 40). Plaintiff responded (Doc. 44) and Defendants filed a Reply (Doc. 47).

Defendants’ Motion is DENIED.

UNDISPUTED MATERIAL FACTS

On February 11, 2019, Plaintiff received a disciplinary report at Pinckneyville Correctional

Center. The report states that from May-August 2018, Plaintiff made calls to a member/leader of

the Black P. Stones security threat group. The report further states that Plaintiff is a

member/leader of the Black P. Stones security threat group, and in those phone calls Plaintiff and

the recipient discussed “the removal of the Gangster Stones from the Black P. Stones” as well as

promoting another inmate to the position of assistant grand sheikh. Plaintiff submitted and fully

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exhausted a grievance to the grievance officer at Pinckneyville and the Administrative Review

Board regarding the disciplinary action.

At his deposition, Plaintiff testified that the statements for which he was disciplined were

all made in reference to his religion (Moorish Muslim) and his temple (Moorish Hajar Temple).

Therefore, Plaintiff contends, he was punished for religious activity and therefore his First

Amendment rights were violated.

Summary Judgment Standard

Summary judgment is appropriate only if the moving party can demonstrate “that there is

no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of

law.” FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322(1986); see also Ruffin-

Thompkins v. Experian Information Solutions, Inc., 422 F.3d 603, 607 (7th Cir. 2005). To do so,

the moving party must:

…cit[e] to particular parts of materials in the record, including

depositions, documents, electronically stored information, affidavits

or declarations, stipulations (including those made for purposes of

the motion only), admissions, interrogatory answers, or other

materials; or show… that the materials cited do not establish

the…presence of a genuine dispute, or that an adverse party cannot

produce admissible evidence to support the fact.

FED. R. CIV. P. 56(c). The Court can only consider evidence that would be admissible at trial

when determining whether summary judgment should be granted. Gunnville v. Walker, 583 F.3d

979, 985 (7th Cir. 2009).

Discussion

Defendants’ Motion for Summary Judgments contains multiple arguments, none of which

are properly supported by undisputed material facts. First, Defendants argue that Plaintiff’s

telephone calls were not protected by the First Amendment because Plaintiff was speaking with a

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member of a security threat group (“STG”), the Black P. Stones. Defendants point the Court to

the abstract of a journal article written in 1996 regarding the Black P. Stone Nation that does not

link Plaintiff or the individual on the phone to the group. Defendants also point the Court to

Plaintiff’s disciplinary report, but the information in that report is disputed. The author of the

report writes that Plaintiff is a member of the Black P. Stones and that he was speaking with

another member regarding STG affairs. Plaintiff testified at his deposition that the report is

erroneous, that he believes IDOC has incorrectly associated the Black P. Stones with the Moorish

Hajar Temple (to which he belongs) and the report simply contains some statements made during

his phone calls with a childhood friend who also identifies as a Moorish Muslim and they discussed

leadership at their temple (Doc. 40-5, p. 27, 33). Clearly, a genuine issue of material fact exists

regarding whether Plaintiff was discussing gang activity with a fellow member of a security threat

group.

Next, Defendants argue that even if Plaintiff was engaged in a First Amendment activity

during the phone calls, he was disciplined for discussing a security threat group, not for making

statements about his religion. Defendants presented no affidavits from themselves upon which

the Court could rely regarding their motivations while investigating/disciplining Plaintiff for the

phone calls. Again, Defendants simply point the Court to Plaintiff’s disciplinary report, which

Plaintiff testified under oath is incorrect. Moreover, it is unclear at this time whether written

statements made in the report by the report’s author (not Plaintiff) regarding Plaintiff’s affiliation

to the STG will be admissible at trial for multiple reasons, e.g., hearsay, foundation. In sum,

Defendants failed to support this argument with sufficient and admissible evidence regarding the

reason why Defendants disciplined Plaintiff.

Defendants also contend that they are entitled to qualified immunity. Because the record

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before the Court “taken in the light most favorable to Plaintiff, describe[s] a violation of a

constitutional right,” this argument is not persuasive. Smith v. Finkley, 10 F.4th 725, 737 (7th

Cir. 2021).

Finally, Defendants contend that Plaintiff’s claims against them should be dismissed

pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). Under the rule of Heck, a civil rights suit

cannot be maintained by a prisoner if a judgment in his favor would “necessarily imply” that his

conviction was invalid. Moore v. Mahone, 652 F.3d 722, 723 (7th Cir. 2011). A prison

disciplinary action that results in the revocation of good conduct credits is the equivalent of a

conviction or sentence for Heck purposes, and claims that necessarily imply the invalidity of the

loss of good conduct credits are not cognizable under §1983 unless the prison disciplinary decision

has been invalidated. Id.

Defendants did not address in their Statement of Undisputed Material Facts whether

Plaintiff lost good conduct credits because of the disciplinary proceedings at issue in this case.

Counsel for Defendants did not ask Plaintiff at his deposition whether he lost good conduct credits.

The Court reviewed all documents submitted by Defendants and found only one notation that

supports this argument. In the final report regarding Plaintiff’s purported STG phone calls,

Plaintiff’s disciplinary actions are listed and one action is “Revoke GCC or SGT 2 months” (Doc.

40-4, p. 3). Defendants did not submit an affidavit or other evidence that explains what “GCC”

means. Plaintiff apparently was never asked to admit or deny whether loss of good conduct credit

was part of his discipline for the purported STG calls. Plaintiff did, however, allege in his

original Complaint that he lost “GCC or SGT 2 months” but also did not define it. As the record

currently stands, the Court will not presume that “GCC” means good conduct credit. Because

Defendants have not met their burden for summary judgment, their Motion is DENIED.

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At the same time, however, the Court is reluctant to impanel a jury for claims that may be

barred by Heck. Plaintiff did not respond to the Heck argument raised in Defendants’ Motion.

Pursuant to Federal Rule of Civil Procedure 56(f), and on or before October 27, 2022, Plaintiff

shall file his objections to dismissing this matter with prejudice based upon Heck v. Humphrey,

512 U.S. 477 (1994). Plaintiff shall provide the Court with his position on the following issues:

1) Whether he lost good conduct credit as a result of the Adjustment Committee’s

final report issued on April 26, 2019 (attached to this Order as Exhibit A);

2) Whether the Adjustment Committee’s final decision (as reflected in Exhibit A)

has ever been invalidated.

3) Any other legal or factual issues that are relevant to whether Plaintiff’s claims

in this matter are barred by Heck v. Humphrey, 512 U.S. 477 (1994).

Plaintiff is advised that his failure to provide his objections on or before October 27, 2022

will result in this matter being DISMISSED WITH PREJUDICE. Within fourteen (14) days of

Plaintiff filing his Objections, Defendants shall file a Response.

IT IS SO ORDERED.

DATED: September 27, 2022

s/ Reona J. Daly

Hon. Reona J. Daly

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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