Opinion

Gilbert v. Ohio Department of Rehabilitation and Correction

Court
District Court, N.D. Ohio
Filed
Oct 24, 2022
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

BOBBY GILBERT, ) Case No. 1:22-cv-1318

)

Plaintiff, ) Judge J. Philip Calabrese

)

v. ) Magistrate Judge

) James E. Grimes, Jr.

OHIO DEPARTMENT OF )

REHABILITATION AND )

CORRECTION, et al., )

)

Defendants. )

OPINION AND ORDER

Pro se plaintiff Bobby Gilbert filed this action in forma pauperis against the

Ohio Department of Rehabilitation and Correction, its legal department, its

reclassification committee, Warden K. Black, Deputy Warden R. Azmoun,

Investigator L. Walker-Williams, Inspector K. Rose, the rules infraction board,

Sergeant David Viner, Correctional Officer C. Kisner, and Lisa Poff. (ECF No. 1.)

Plaintiff, who is currently incarcerated at Mansfield Correctional Institution,

challenges the result of disciplinary hearings in which he was found guilty of dealing

and selling contraband (March 2021) and engaging in lewd or obscene acts (April 2021

and October 2021). Regarding the March conduct report, Plaintiff alleges that he was

found guilty of possessing “possible K2” and that he was not permitted to send the

alleged contraband to an outside lab to confirm the drug’s authenticity. Regarding

the April and October reports, Plaintiff alleges that the charges were false, he could

not possibly have engaged in the lewd or obscene acts, and the evidence does not

support the guilty findings. Plaintiff claims that his security classification has been

increased two levels because of the disciplinary findings and that he can no longer

find a job within the prison.

GOVERNING LEGAL STANDARD

By separate order, the Court granted Mr. Gilbert’s pro se motion to proceed in

forma pauperis (ECF No. 2). Accordingly, because Plaintiff is proceeding in forma

pauperis, his complaint is before the Court for initial screening under 28 U.S.C.

§ 1915(e)(2).

Pro se pleadings are liberally construed. Boag v. MacDougall, 454 U.S. 364,

365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the

Court is required to dismiss an in forma pauperis action under 28 U.S.C. §1915(e) if

it fails to state a claim on which relief can be granted or if it lacks an arguable basis

in law or fact. Neitzke v. Williams, 490 U.S. 319, 324 (1989); Lawler v. Marshall, 898

F.2d 1196, 1198 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th

Cir. 1996). A claim lacks an arguable basis in law or fact when it is premised on an

indisputably meritless legal theory or when the factual contentions are clearly

baseless. Neitzke, 490 U.S. at 327. A cause of action fails to state a claim on which

relief may be granted when it lacks “plausibility in the Complaint.” Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 564 (2007).

A pleading must contain a “short and plain statement of the claim showing

that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677–78 (2009).

The factual allegations in the pleading must be sufficient to raise the right to relief

above the speculative level on the assumption that all the allegations in the complaint

are true. Twombly, 550 U.S. at 555. The plaintiff is not required to include detailed

factual allegations but must provide more than “an unadorned, the-defendant-

unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678. A pleading that offers

legal conclusions or a simple recitation of the elements of a cause of action will not

meet this pleading standard. Id. In reviewing a complaint, the Court must construe

the pleading in the light most favorable to the plaintiff. Bibbo v. Dean Witter

Reynolds, Inc., 151 F.3d 559, 561 (6th Cir.1998).

ANALYSIS

The Fourteenth Amendment’s Due Process Clause protects individuals against

the deprivation of life, liberty, or property without due process. U.S. Const. amend.

XIV; Damron v. Harris, No. 21-3877, 2022 U.S. App. LEXIS 20963, at *6 (6th Cir.

July 28, 2022). “[T]hose [individuals] who seek to invoke its procedural protections

must establish that one of these interests is at stake.” Wilkinson v. Austin, 545 U.S.

209, 221 (2005).

Prisoners have narrower liberty interests than others because “lawful

incarceration brings about the necessary withdrawal or limitation of many privileges

and rights, a retraction justified by the considerations underlying our penal system.”

Sandin v. Conner, 515 U.S. 472, 485 (1995). Therefore, the question of what process

is due is answered only if the inmate establishes a deprivation of a constitutionally

protected liberty or property interest. Wilkinson, 545 U.S. at 221.

Standing alone, the Due Process Clause confers no liberty interest in freedom

from State action taken within the sentence imposed. Sandin, 515 U.S. at 480.

“Discipline by prison officials in response to a wide range of misconduct falls within

the expected perimeters of the sentence imposed by a court of law.” Id. at 485. “[T]he

Constitution itself does not give rise to a liberty interest in avoiding transfer to more

adverse conditions of confinement.” Wilkinson, 545 U.S. at 221. A prison disciplinary

action does not implicate a liberty interest requiring due-process safeguards unless

the punishment imposed will inevitably affect the duration of an inmate’s sentence,

such as loss of good time credit, or inflict an “atypical and significant hardship on the

inmate in relation to the ordinary incidents of prison life.” Sandin, 515 U.S. at 484,

487; Superintendent, Mass. Corr. Inst., Walpole, v. Hill, 472 U.S. 445, 454 (1985).

Here, there is no indication that Plaintiff was sanctioned with the loss of good

time credits. Instead, he alleges that his security classification was increased two

levels. Generally, prisoners do not have a protected liberty or property interest in

being incarcerated in a particular prison or held under a specific security

classification rating. Olim v. Wakinekona, 461 U.S. 238, 245 (1983); Cash v. Reno,

No. 97-5220, 1997 U.S. App. LEXIS 36766, 1997 WL 809982, at *1 (6th Cir. Dec. 23,

1997). The only exception to that rule occurs where the inmate has been reclassified

to supermax prison that imposes significant restrictions on movement beyond what

is typically imposed in a maximum security prison. Wilkinson, 545 U.S. at 224.

Plaintiff was not transferred to a supermax prison, nor did he have his security

classification rating raised to that degree. Rather, he alleges that his security

classification was raised from a Level 1 to a Level 3. But Level 3 classification does

not impose restrictions on inmates that are atypical or pose significant hardships in

relation to ordinary prison life. Level 3 inmates are still “considered General

Population, but [it] is designed for inmates who are more likely to, or have previously

engage(d), in disruptive prison behavior.” See https://dre.ohio.gov/policies/

classification (last visited Oct. 24, 2022). Based on the foregoing, the petition lacks

facts suggesting Plaintiff was deprived of a protected liberty or property interest

requiring due-process safeguards. Therefore, Plaintiff fails to state a claim on which

relief can be granted.

CONCLUSION

For the foregoing reasons, the Court dismisses Plaintiff's complaint pursuant

to 28 U.S.C. § 1915(e)(2)(B). Further, the Court certifies, pursuant to 28 U.S.C.

§ 1915(a)(8), that an appeal from this decision could not be taken in good faith.

SO ORDERED.

Dated: October 24, 2022

J. Philip Calabrese

United States District Judge

Northern District of Ohio

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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