# Montgomery v. Miller

> District Court, W.D. Arkansas · September 26, 2024

URL: https://www.frixlaw.com/law-library/cases/10766877

## Case

- **Court:** District Court, W.D. Arkansas
- **Decided:** September 26, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10766877

## How later opinions describe it (automated extraction)

- finding that prisoner’s First Amendment rights were violated when he was placed in administrative segregation for making complaints and filing grievances

## Opinion text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

CHRISTOPHER DESHAUN MONTGOMERY PLAINTIFFS

v. Civil No. 5:24-cv-05157-CDC

BLAINE MILLER, Benton County Drug Unit
(BCDU); JOSH COOKINGHAM, BCDU;
DETECTIVE ROBBINS, BCDU; DEPUTY
STRICKLAND, Benton County Detention
Center (BCDC), Work Detail Officer;
SERGEANT WIEBER, BCDC, Work Detail
Sergeant; LONDON WRIGHT, BCDC,
Trustee Inmate Officer; JAIL
ADMINISTRATOR MEGAN RUTLEDGE,
BCDC; and DEPUTY L. FRANKS, BCDC,
Trustee Inmate Officer DEFENDANTS

MAGISTRATE JUDGE’S SCREENING REPORT AND RECOMMENDATION
This is a civil rights action filed by Plaintiff, Christopher D. Montgomery (“Montgomery”),
under 42 U.S.C. § 1983. The case was directly assigned to the undersigned Magistrate Judge.
However, because not all parties to the action have consented to the jurisdiction of the undersigned,
and this document will be dispositive of some of Montgomery’s claims, this document will be filed
as a Report and Recommendation and the case will automatically be reassigned to United States
District Judge Timothy L. Brooks. 28 U.S.C. § 636(c); Rule 73 of the Federal Rules of Civil
Procedure, and General Order 2024-02.
The case is before the Court for preservice screening pursuant to 28 U.S.C. § 1915A.1
Under § 1915A, the Court is required to screen any complaint in which a prisoner seeks redress
from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

1 Enacted as part of the Prison Litigation Reform Act.
I. BACKGROUND
According to the allegations of the Amended Complaint, Montgomery is a convicted
prisoner incarcerated in the Benton County Detention Center (“BCDC”). (ECF No. 6 at 2). In
Claim One, Montgomery alleges that on November 17, 2023, he was interviewed by Defendants
Miller, Cookingham, and Robbins. Id. at 5. Montgomery alleges each of these Defendants

violated his federal constitutional rights by treating him in a degrading manner and verbally
abusing and threatening him during the interview. Id. at 5-6. Montgomery contends this conduct
violated his First Amendment right “freedom of opinion and expression.” Id. Additionally,
Montgomery alleges Defendant Miller threatened to call the judges and his probation officers to
have more parole revocation changes placed on him and Defendant Robbins threatened to have
him sent to federal prison if he did not cooperate. Id. at 6. With respect to Defendants Miller and
Robbins, Montgomery further alleges they violated his Eighth Amendment right to be free from
cruel and unusual punishment when they had him placed on twenty-three-hour a day lock-down
for twenty plus days without a disciplinary being issued or a hearing being held. Id. 5-6.
In Claim Two, Montgomery alleges that on December 22, 2023, Defendant Strickland

began slandering his name and discriminating against him. (ECF No. 6 at 7). Specifically,
Montgomery alleges Defendant Strickland began repeatedly calling him a drug dealer and liar. Id.
Defendant Strickland further informed Montgomery “in a racial way” that he would never be a
trustee or on work-detail again. Id.
On January 25, 2024, Montgomery alleges Defendant Strickland began reading his
grievance form and took a picture of it to interfere with the grievance process. (ECF No. 6 at 7).
When Montgomery attempted to address this issue with the lieutenant’s, he asserts nothing was
done. Id.
In Claim Three, Montgomery lists the following dates as the dates on which the events
occurred: January 3, 2024, January 25, 2024, February 5, 2024, and February 12, 2024. (ECF No.
6 at 8. Montgomery alleges Defendants Wright and Franks discriminated against him based on
race when they returned Inmate Nicholls (“Nicholls”) to a position as a trustee/work-detail inmate

despite Nicholls having been disqualified by Defendant Wieber and Franks. Id. at 9. According
to Montgomery, if a trustee/work-detail inmate is disqualified or busted down, “they cannot return
until the inmate’s confinement is done at this jail.” Id. Montgomery alleges they were both
disqualified, no evidence ever materialized against him to justify the disqualification, but only
Nicholls was given back a trustee/work-detail position. Id. at 9-10. Montgomery maintains
Defendants Wieber and Franks showed favoritism towards Nicholls over Montgomery, an African
American, because his brother is a famous country singer. Id. at 10-11.
Montgomery alleges Defendant Wieber racially discriminated against him when she
forcefully made him take a urine sample on November 17, 2023, that was not ordered by a judge
or court. (ECF No. 6 at 10). Defendant Rutledge is alleged to have discriminated against him by

favoring the “Benton County Deputies[’] actions over a Black African American Inmate.” Id. at
11.
As relief, Montgomery seeks $150,000 in compensatory damages from each Defendant for
emotional pain and suffering. He also seeks $30 million in punitive damages. Finally, he would
like for the Defendants to be terminated.
II. LEGAL STANDARD
Under § 1915A, the Court is obliged to screen the case prior to service of process being
issued. The Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are
frivolous, malicious, or fail to state a claim upon which relief may be granted, or (2) seeks
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b).
A claim is frivolous if “it lacks an arguable basis either in law or fact.” Neitzke v. Williams,
490 U.S. 319, 325 (1989). An action is malicious when the allegations are known to be false, or
it is undertaken for the purpose of harassing or disparaging the named defendants rather than to
vindicate a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987); In re

Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988). A claim fails to state a claim upon which relief
may be granted if it does not allege “enough facts to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
“In evaluating whether a pro se plaintiff has asserted sufficient facts to state a claim, we
hold ‘a pro se complaint, however inartfully pleaded . . . to less stringent standards than formal
pleadings drafted by lawyers.’” Jackson v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting
Erickson v. Pardus, 551 U.S. 89, 94 (2007)). This means “that if the essence of an allegation is
discernable, even though it is not pleaded with legal nicety, then the district court should construe
the complaint in a way that permits the layperson’s claim to be considered within the proper legal
framework.” Jackson, 747 F.3d at 544 (cleaned up). However, the complaint must still allege

specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985).
III. ANALYSIS
Section 1983 provides a federal cause of action for the deprivation, under color of law, of
a citizen’s “rights, privileges, or immunities secured by the Constitution and laws” of the United
States. To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that (1) each defendant
acted under color of state law, and (2) that he or she violated a right secured by the constitution.
West v. Atkins, 487 U.S. 42 (1988); Dunham v. Wadley, 195 F.3d 1007, 1009 (8th Cir. 1999).
A. Verbal Abuse and Threats
Montgomery claims Defendants Miller, Cookingham, and Robbins verbally abused and
threatened him in a various ways including with further punishment. “Verbal threats do not
constitute a constitutional violation.” Martin v. Sargent, 780 F.2d 1334, 1339 (8th Cir. 1985).
Similarly, taunts, name calling, and the use of offensive language does not state a claim of
constitutional dimension. McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (claims of general
harassment and verbal harassment not actionable under § 1983); O’Donnell v. Thomas, 826 F.2d

788, 790 (8th Cir. 1987) (verbal threats and abuse by jail officials did not rise to the level of a
constitutional violation). The only recognized exception to this rule is when the verbal abuse is
accompanied by the individual being terrorized with threats of death. For example, in Burton v.
Livingston, 791 F.2d 97, 100 (8th Cir. 1986), a guard who had been using racial epithets, “pointed
a lethal weapon at the prisoner, cocked it, and threatened him with instant death.” No similar
grave allegations have been made in this case. Thus, accepting Montgomery’s allegations as true,
the facts still state no cognizable claim under § 1983.
B. Defamation
Defamation alone is insufficient to support a claim under § 1983. See e.g., Wade v.
Goodwin, 843 F.2d 1150, 1152 (8th Cir. 1988). In Paul v. Davis, 424 U.S. 693 (1976), the United

States Supreme Court held a person’s interest in his reputation is not considered liberty or property
protected by the Due Process Clause of the Fourteenth Amendment. No cognizable defamation
claim exists.
C. Racial Discrimination
Montgomery who identifies himself as an African American, contends he was
discriminated against based on his race when Nicholls, apparently a Caucasian, was placed back
on the trustee/work detail, when Montgomery was forced to take a urine test, and when the reports
or actions of the deputies were favored over his.
Prisoners are protected under the Equal Protection Clause of the Fourteenth Amendment
from invidious discrimination based on race. Wolff v. McDonnell, 418 U.S. 539, 556 (1974)
(citation omitted). “Proof of racially discriminatory intent or purpose is required to show a
violation of the Equal Protection Clause.” City of Cuyahoga Falls v. Buckeye Cmty. Hope Found.,

538 U.S. 188, 194 (2003) (internal quotations and citation omitted.)
Only deliberate discrimination is actionable under the Equal Protection Clause. Personnel
Adm’r. v. Feeney, 442 U.S. 256, 273 (1979); Washington v. Davis, 426 U.S. 229, 239-48 (1976).
“Discriminatory purpose can be proved with various kinds of direct and circumstantial evidence,
but it is most often proved with evidence that similarly situated inmates were treated differently.”
Lewis v. Jacks, 486 F.3d 1025, 1028 (8th Cir. 2007).
(1) Trustee/Work-Detail Status
Montgomery maintains Nicholls was returned to trustee status because he was related to a
country singer. While this may seem unfair or discriminatory to Montgomery, the factual
allegations are insufficient to suggest that the alleged favoritism was based on Montgomery’s race

rather than being based. as Montgomery alleges, on Nicholls’ relationship with a country singer.
Klinger v. Dep’t of Corr., 31 F.3d 727, 731 (8th Cir. 1994) (“Dissimilar treatment of dissimilarly
situated persons does not violate equal protection”); see also Battle v. Minn. Dep’t of Corr., 40
Fed. App’x. 308 (8th Cir. 2002) (prisoners have no right to a particular job assignment). While
the alleged conduct would demonstrate favoritism, it does not state a plausible claim of
discrimination based on race.
(2) Urine Sample
There is nothing in the bare allegation that he was forced to give a urine sample on
November 17, 2023, to suggest this was the result of intentional and purposeful racial
discrimination. See e.g., Moore v. Speybroeck, 74 F. Supp. 2d 850, 854 (N.D. Ind. 1999) (“A
plaintiff must allege specific facts substantiating his belief that he was singled out as a member of
a group at least in part for the purpose of causing an adverse effect on the group”). In short, nothing
in Montgomery’s conclusory factual allegation suggests the existence of an improper motive based

on his race as opposed to any other factor. No plausible claim of racial discrimination is stated.
(3) Favoritism Towards Deputies
Similarly, there is nothing to suggest that a tendency to believe the reports of detention
personnel over those of Montgomery is motivated by interests violative of the Equal Protection
Clause. Montgomery does not allege that as a class African American inmates are believed less
than Caucasian inmates or any other similar allegation to suggest the existence of invidious racial
discrimination. No plausible claim is stated.
D. Grievance Procedure
The existence of a grievance procedure does not confer any substantive constitutional right
on the inmates. Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1983). The failure to process a

grievance is not by itself actionable under § 1983. Id. Likewise, it is well settled that prisoners
do not have a constitutional right to enforce compliance with internal prison rules or regulations.
See Phillips v. Norris, 320 F.3d 844, 847 (8th Cir. 2003) (no constitutional right to have prison
officials follow prison regulations); Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997) (“there
is no § 1983 liability for violating prison policy”).
While Montgomery has a constitutional right to file grievances, he has not alleged that
Defendant Strickland prevented him from submitting the grievance. Sprouse v. Babcock, 870 F.2d
450, 452 (8th Cir. 1989) (First Amendment right to petition for redress of grievances includes
redress under established prison grievance procedures). Finally, while Montgomery may not be
retaliated against for the filing of a grievance, Montgomery’s only factual allegation is that
Defendant Strickland “tried retaliating against” him by reading and taking pictures of the
grievance. Montgomery does not allege that any retaliatory adverse action was taken by Defendant
Strickland. Id. (prisoners may not be retaliated against for having filed a grievance). No plausible

claim has been stated.
E. Transfer to Lock-down
The Court concludes Montgomery has asserted a plausible cause of action with respect to
his transfer to administrative segregation. Montgomery has alleged that when he failed to
cooperate with them Defendants Miller and Robbins had him placed on 23-hour lockdown.
Transferring an inmate to administrative segregation and restricting his privileges for engaging in
protected First Amendment activity states a cause of action. See e.g., Royal v. Kautzky, 375 F.3d
720, 722 (8th Cir. 2004) (finding that prisoner’s First Amendment rights were violated when he
was placed in administrative segregation for making complaints and filing grievances); Palacio v.
Goord, No. 9:03-cv-0836, 2008 WL 87551, *5 (N.D.N.Y. Jan. 7, 2008) (Report and

Recommendation--changing security level in response to a refusal to cooperate in police
investigation constitutes a possible adverse action).
Additionally, “[p]risoners have a liberty interest in freedom from conditions of
confinement that impose ‘atypical and significant hardship’ relative to ‘ordinary incidents of
prison life.’” Spann v. Lombardi, 65 F.4th 987, 991-92 (8th Cir. 2023) (quoting Sandin v. Conner,
515 U.S. 472, 484 (1995)). To determine if such a hardship is imposed, the Court looks to the
duration and degree of the restrictions. Id.
In Spann, the Eighth Circuit declined to address the issue of whether Spann “enjoyed a
clearly established liberty interest in avoiding assignment to administrative segregation.” Spann,
65 F4th at 992. Instead, in reliance on the Supreme Court’s opinion in Wilkinson v. Austin, 545
U.S. 209, 228-29 (2005), the Eighth Circuit held that even if Spann enjoyed such an interest, “a
transfer to administrative segregation requires only informal, nonadversary due process procedures
like those set forth in” Hewitt v. Helms, 459 U.S. 460 (1983) and Greenholtz v. Inmates of

Nebraska Penal & Corr. Complex, 442 U.S. 1 (1979). Id.
Informal due process requires only some notice of the reasons for the inmate’s
placement . . . and enough time to prepare adequately for the administrative relief.
An inmate must be given an opportunity to present his views to a neutral
decisionmaker, but is not entitled to a hearing with the inmate present. If the prison
chooses to hold hearings, inmates do not have a constitutional right to call witnesses
or to require prison officials to interview witnesses. Informal due process also
requires periodic review of placement in administrative segregation.

Id. (internal quotation marks and citations omitted).
Here, Montgomery has alleged he received no notice or hearing. A plausible claim has
been stated.
IV. CONCLUSION
Accordingly, it is recommended that all claims against Defendants Cookingham,
Strickland, Wieber, Wright, and Rutledge be dismissed for failure to plausible claims under §
1983. 28 U.S.C. § 1915A.
This leaves for later resolution Montgomery’s claims against Defendants Miller and
Robbins. By separate order, Montgomery will be directed to file a Second Amended Complaint
regarding these claims.
The parties have fourteen days from receipt of the Report and Recommendation in
which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. The parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court.
Status of Referral: This case should remain referred for all matters not
recommended for dismissal in this Report and Recommendation.
RECOMMENDED this 26th day of September 2024.

/s/ Christy Comstock
HON. CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10766877. Public record. Not legal advice.