“[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.”
How later courts described this case
- “[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:22-cv-00014-MR
TERRANCE TRENT, )
)
Plaintiff, )
)
vs. )
)
) ORDER
)
FNU BAERS, et al., )
)
Defendants. )
___________________________ )
THIS MATTER is before the Court on initial review of Plaintiff’s
Complaint, filed under 42 U.S.C. § 1983. [Doc. 1]. See 28 U.S.C. §§
1915(e)(2); 1915A. Plaintiff is proceeding in forma pauperis. [Docs. 2, 8].
I. BACKGROUND
Pro se Plaintiff Terrance Trent (“Plaintiff”) is a prisoner of the State of
North Carolina currently incarcerated at Alexander Correctional Institution
(“Alexander”) in Taylorsville, North Carolina. On February 7, 2022, Plaintiff
filed this action pursuant to 42 U.S.C. § 1983 against Defendants FNU Baers,
a Case Manager; Chris Beicker, a Unit Manager; and Latrice Blackburn, a
Disciplinary Hearing Officer (DHO), all identified as employees of Alexander.
[Doc. 1 at 1-2]. Plaintiff alleges that, on May 6, 2021 at Alexander, Defendant
Baers was responding to an incident in B-pod involving another inmate, but
instead hit Plaintiff’s back with a baton “without cause or warning.” [Id. at 2-
3]. Plaintiff further alleges that Defendant Beicker “[i]interfered with the
grievance process even after the grievance Board acknowledged his
Mischief.” [Id. at 4]. Finally, Plaintiff alleges that Defendant Blackburn
“imposed numerous disciplinary sanctions even though she knew [Plaintiff]
was not guilty in attempts to aid Baers.” [Id.]. Plaintiff claims that Defendant
Baers violated his Eighth Amendment right to be free from the use of
excessive force and that Defendants Beicker and Blackburn violated his due
process rights and committed “harmful interference.” [Id.].
For injuries, Plaintiff claims injury to his back, injuries related to
changes in custody status, and mental and emotional distress. [Id.]. For
relief, Plaintiff seeks compensatory and punitive damages. [Id. at 5].
II. STANDARD OF REVIEW
The Court must review Plaintiff’s Complaint to determine whether it is
subject to dismissal on the grounds that it is “frivolous or malicious [or] fails
to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2).
Furthermore, § 1915A requires an initial review of a “complaint in a civil
action in which a prisoner seeks redress from a governmental entity or officer
or employee of a governmental entity,” and the court must identify cognizable
claims or dismiss the complaint, or any portion of the complaint, if the
complaint is frivolous, malicious, or fails to state a claim upon which relief
may be granted; or seeks monetary relief from a defendant who is immune
from such relief. 28 U.S.C. § 1915A.
In its frivolity review, this Court must determine whether the Complaint
raises an indisputably meritless legal theory or is founded upon clearly
baseless factual contentions, such as fantastic or delusional scenarios.
Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore, a pro se
complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520
(1972). However, the liberal construction requirement will not permit a
district court to ignore a clear failure to allege facts in his Complaint which
set forth a claim that is cognizable under federal law. Weller v. Dep’t of Soc.
Servs., 901 F.2d 387 (4th Cir. 1990).
III. DISCUSSION
To state a claim under § 1983, a plaintiff must allege that he was
“deprived of a right secured by the Constitution or laws of the United States,
and that the alleged deprivation was committed under color of state law.”
Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999).
A. Excessive Force
The Eighth Amendment prohibits the infliction of “cruel and unusual
punishments,” U.S. CONST. amend. VIII, and protects prisoners from the
“unnecessary and wanton infliction of pain.” Whitley v. Albers, 475 U.S. 312,
319 (1986). To establish an Eighth Amendment claim, an inmate must
satisfy both an objective component–that the harm inflicted was sufficiently
serious–and a subjective component–that the prison official acted with a
sufficiently culpable state of mind. Williams v. Benjamin, 77 F.3d 756, 761
(4th Cir. 1996). In adjudicating an excessive force claim, the Court must
consider such factors as the need for the use of force, the relationship
between that need and the amount of force used, the extent of the injury
inflicted, and, ultimately, whether the force was “applied in a good faith effort
to maintain or restore discipline, or maliciously and sadistically for the very
purpose of causing harm.” Whitley, 475 U.S. at 320-21.
Furthermore, the Supreme Court has made clear that “[a]n inmate who
is gratuitously beaten by guards does not lose his ability to pursue an
excessive force claim merely because he has the good fortune to escape
without serious injury.” Wilkins v. Gaddy, 130 S. Ct. 1175, 1178-79 (2010).
Taking Plaintiff’s allegations as true for the purposes of this initial
review and drawing all reasonable inferences in his favor, Plaintiff states an
Eighth Amendment claim against Defendant Baer.
B. Due Process
Plaintiff vaguely alleges that Defendants Beicker and Blackburn
violated his due process rights. To the extent that Plaintiff was subject to
false disciplinary charges by Defendant Blackburn, Plaintiff does not have a
constitutional right to be free from false disciplinary reports. See Lewis v.
Viton, No. 07-3663, 2007 WL 2362587, at *9 (D. N.J. Aug. 14, 2007) (“The
act of filing false disciplinary charges does not itself violate a prisoner’s
constitutional rights.”) (citation omitted). To the extent that Defendant
Beicker’s alleged interference or any conduct by Defendant Blackburn may
have affected the grievance procedure or outcome, Plaintiff does not have a
constitutional right of access to grievance procedures. See Adams v. Rice,
40 F.3d 72, 75 (4th Cir. 1994) (“[T]he Constitution creates no entitlement to
grievance procedures or access to any such procedure voluntarily
established by a state.”) (citation omitted). Moreover, there is no such thing
as a claim for “harmful interference.”
As such, Plaintiff has failed to state a claim for relief against
Defendants Beicker or Blackburn on initial review and they will be dismissed
as Defendants in this matter.
IV. CONCLUSION
In sum, Plaintiff’s excessive force claim against Defendant Baers
survives initial review and Plaintiff’s claims against Defendants Beicker and
Blackburn do not and will be dismissed.
ORDER
IT IS, THEREFORE, ORDERED that all claims asserted in this matter
as to Defendants are hereby DISMISSED without prejudice for failure to
state a claim, except for Plaintiff’s Eighth Amendment excessive force claim
against Defendant Baers, which passes initial review.
IT IS FURTHER ORDERED that Defendants Beicker and Blackburn
are hereby DISMISSED as Defendants in this matter for failure to state a
claim.
IT IS, THEREFORE, ORDERED that Clerk of Court shall commence
the procedure for waiver of service as set forth in Local Civil Rule 4.3 for
Defendant Baers, who is alleged to be a current or former employee of the
North Carolina Department of Public Safety.
The Clerk is also instructed to mail Plaintiff an Opt-In/Opt-Out form
pursuant to Standing Order 3:19-mc-00060-FDW.
IT IS SO ORDERED.
Signed: March 17, 2022
ai
Reidinger ey,
Chief United States District Judge ell’