Opinion

Comer v. Baker

Court
District Court, S.D. Ohio
Filed
Jan 20, 2022
Cited by
0 cases
Authority
More cited than 28.3%

holding that the prisoner’s 8-year confinement in segregation was of “atypical duration” and thus “created a liberty interest that triggered his right to due process”

How later courts described this case

  • holding that the prisoner’s 8-year confinement in segregation was of “atypical duration” and thus “created a liberty interest that triggered his right to due process”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

ROBERT S. COMER, Case No. 1:21-cv-799

Plaintiff,

Dlott, J.

vs Bowman, M.J.

BRIAN BAKER, et al., REPORT AND

Defendants. RECOMMENDATION

Plaintiff, an inmate at the Warren Correctional Institution (WCI), brings this civil rights

action under 42 U.S.C. § 1983 against defendants Brian Baker, Tyra Parker, Officer Miller, and

Vencot Brown. By separate Order, plaintiff has been granted leave to proceed in forma

pauperis pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review

of the complaint, as amended, determine whether the complaint, or any portion of it, should be

dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be

granted or seeks monetary relief from a defendant who is immune from such relief. See Prison

Litigation Reform Act of 1995 § 804, 28 U.S.C. § 1915(e)(2)(B); § 805, 28 U.S.C. § 1915A(b).

In enacting the original in forma pauperis statute, Congress recognized that a “litigant

whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an

economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” Denton

v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)).

To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in

forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id.; see

also 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1). A complaint may be dismissed as

frivolous when the plaintiff cannot make any claim with a rational or arguable basis in fact or

law. Neitzke v. Williams, 490 U.S. 319, 328-29 (1989); see also Lawler v. Marshall, 898 F.2d

1196, 1198 (6th Cir. 1990). An action has no arguable legal basis when the defendant is

immune from suit or when plaintiff claims a violation of a legal interest which clearly does not

exist. Neitzke, 490 U.S. at 327. An action has no arguable factual basis when the allegations

are delusional or rise to the level of the irrational or “wholly incredible.” Denton, 504 U.S. at

32; Lawler, 898 F.2d at 1199. The Court need not accept as true factual allegations that are

“fantastic or delusional” in reviewing a complaint for frivolousness. Hill v. Lappin, 630 F.3d

468, 471 (6th Cir. 2010) (quoting Neitzke, 490 U.S. at 328).

Congress also has authorized the sua sponte dismissal of complaints that fail to state a

claim upon which relief may be granted. 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A(b)(1). A

complaint filed by a pro se plaintiff must be “liberally construed” and “held to less stringent

standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94

(2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). By the same token,

however, the complaint “must contain sufficient factual matter, accepted as true, to ‘state a

claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Hill, 630 F.3d at

470-71 (“dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to

state a claim” under §§ 1915A(b)(1) and 1915(e)(2)(B)(ii)).

“A claim has facial plausibility when the plaintiff pleads factual content that allows the

court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). The Court must accept all well-

pleaded factual allegations as true, but need not “accept as true a legal conclusion couched as a

factual allegation.” Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286

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(1986)). Although a complaint need not contain “detailed factual allegations,” it must provide

“more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S.

at 678 (citing Twombly, 550 U.S. at 555). A pleading that offers “labels and conclusions” or “a

formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at

555. Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual

enhancement.” Id. at 557. The complaint must “give the defendant fair notice of what the . . .

claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted).

Plaintiff alleges that his due process rights were violated in connection with at Rules

Infraction Board (RIB) hearing and appeal. (Doc. 1, Complaint at Page 17). According to

plaintiff, on January 21, 2021 at WCI, plaintiff received three rules violations and was escorted

to administrative segregation. (Id. at PageID 18). Plaintiff alleges that on February 3, 2021,

defendant Officer Miller falsely indicated that plaintiff did not want to attend his RIB hearing.

As detailed in the complaint, plaintiff further alleges that he subsequently received paperwork

indicating that he refused to attend the hearing. He claims that he unsuccessfully appealed the

result of the RIB hearing to defendants Tyra Parker, Brian Baker, and Vencot Brown. Plaintiff

claims that he also sent paper and electronic kites to Baker and Parker inquiring about his

appeal, but that defendants incorrectly concluded the appeal was untimely. As relief, plaintiff

seeks injunctive relief. (Id. at PageID 24).

The complaint should be dismissed because plaintiff has failed to state an actionable

claim under § 1983 based on allegations showing that he was deprived of “a right secured by

the United States Constitution or a federal statute.” See Spadafore v. Gardner, 330 F.3d 849,

852 (6th Cir. 2003).

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Plaintiff has failed to state a due process claim in connection with the RIB proceedings,

because the challenged disciplinary actions did not amount to a deprivation of a

constitutionally protected liberty interest. In Sandin v. Conner, 515 U.S. 472 (1995), the

Supreme Court held that the Fourteenth Amendment confers on prisoners only a “limited”

liberty interest “to freedom from restraint which . . . imposes atypical and significant hardship

on the inmate in relation to the ordinary incidents of prison life,” or which “will inevitably

affect the duration of his sentence.” Sandin, 515 U.S. at 484, 487; see also Jones v. Baker, 155

F.3d 810, 812 (6th Cir. 1998); Williams v. Wilkinson, 51 F. App’x 553, 556 (6th Cir. 2002).

The Sixth Circuit has held that confinement in segregation generally does not rise to the level

of an “atypical and significant” hardship implicating a liberty interest except in “extreme

circumstances, such as when the prisoner’s complaint alleged that he is subject to an indefinite

administrative segregation” or that such confinement was excessively long in duration. Joseph

v. Curtin, 410 F. App’x 865, 868 (6th Cir. 2010) (citing Harden-Bey v. Rutter, 524 F.3d 789,

795 (6th Cir. 2008)) (emphasis in original); see also Harris v. Caruso, 465 F. App’x 481, 484

(6th Cir. 2012) (holding that the prisoner’s 8-year confinement in segregation was of “atypical

duration” and thus “created a liberty interest that triggered his right to due process”). Cf.

Wilkinson v. Austin, 545 U.S. 209, 223-24 (2005) (ruling that an inmate’s transfer to Ohio’s

“supermax” prison “imposes an atypical and significant hardship” given the combination of

extreme isolation of inmates, prohibition of almost all human contact, indefinite duration of

assignment, and disqualification for parole consideration of otherwise eligible inmates).

Here, plaintiff has not alleged that the challenged disciplinary proceeding resulted in the

lengthening of his prison sentence, the withdrawal of good-time credits, or the deprivation of any

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necessities of life. Moreover, plaintiff has not alleged any facts to suggest that he was subjected

to a lengthy disciplinary placement amounting to an atypical or significant hardship that would

trigger constitutional concerns. Accordingly, because plaintiff does not have a protected liberty

interest under the circumstances alleged herein, any claim against defendants for their conduct in

the disciplinary proceedings fails to state a cognizable federal claim under the Fourteenth

Amendment’s Due Process Clause.

The complaint should also be dismissed to the extent that plaintiff claims defendants

failed to respond to his kites/grievances or take corrective action with respect to the RIB

proceedings. “Prison inmates do not have a constitutionally protected right to a grievance

procedure.” Miller v. Haines, No. 97–3416, 1998 WL 476247, at *1 (6th Cir. Aug.03, 1998)

(citations omitted). Prison officials whose only roles “involve their denial of administrative

grievances and their failure to remedy the alleged [unconstitutional] behavior’” cannot be liable

under § 1983. Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999). Nor does a prison official’s

alleged failure to adequately investigate claims of misconduct rise to the level of

“encouragement” that would make the official liable for such misconduct. Knop v. Johnson, 977

F.2d 996, 1014 (6th Cir. 1992); Bellamy v. Bradley, 729 F.2d 416, 421 (6th Cir. 1984).

Therefore, to the extent that plaintiff seeks to hold any defendant liable for their failure to

respond or investigate his kites/grievances, plaintiff has failed to state a claim upon which relief

may be granted.

Accordingly, in sum, the complaint should be dismissed for failure to state a claim upon

which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).

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IT IS THEREFORE RECOMMENDED THAT:

1. Plaintiff’s complaint, as amended, be DISMISSED with prejudice pursuant to 28

U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).

2. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an

appeal of any Order adopting this Report and Recommendation would not be taken in good faith

and therefore deny plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth,

114 F.3d 601 (6th Cir. 1997).

s/Stephanie K. Bowman

Stephanie K. Bowman

United States Magistrate Judge

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

ROBERT S. COMER, Case No. 1:21-cv-799

Plaintiff,

Dlott, J.

vs Bowman, M.J.

BRIAN BAKER, et al.,

Defendants.

NOTICE

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written

objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after

being served with a copy thereof. That period may be extended further by the Court on timely

motion by either side for an extension of time. All objections shall specify the portion(s) of the

R&R objected to, and shall be accompanied by a memorandum of law in support of the

objections. A party shall respond to an opponent’s objections within FOURTEEN DAYS after

being served with a copy of those objections. Failure to make objections in accordance with this

procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States

v. Walters, 638 F.2d 947 (6th Cir. 1981).

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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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