Flanory v. Bonn

• Decision Date: 06 May 2010
• Docket Number: No. 09-1161.,09-1161.
• Citation: 604 F.3d 249
• Parties: Jerry FLANORY, Plaintiff-Appellant,v.Allen BONN, Classification Director, Newberry Corr. Fac.-sued in his individual capacity; Robert Torp, Former Acting Principal-sued in his individual capacity; Jeffrey Woods, Former Acting Principal and Deputy Warden-sued in his individual capacity; Linda Tribley, Assistant Deputy Warden of Housing & Programs-sued in her individual capacity; Alma Potts, Assistant Resident Unit Supervisor-sued in his/her individual capacity; Nancy Marshall, Classification Director-sued in her individual capacity; Barry D. Davis, Newberry Corr. Facility Warden-sued in his individual capacity; Jim Armstrong, Grievances & Appeals-sued in his individual capacity, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

604 F.3d 249

Jerry FLANORY, Plaintiff-Appellant,v.Allen BONN, Classification Director, Newberry Corr. Fac.-sued in his individual capacity; Robert Torp, Former Acting Principal-sued in his individual capacity; Jeffrey Woods, Former Acting Principal and Deputy Warden-sued in his individual capacity; Linda Tribley, Assistant Deputy Warden of Housing & Programs-sued in her individual capacity; Alma Potts, Assistant Resident Unit Supervisor-sued in his/her individual capacity; Nancy Marshall, Classification Director-sued in her individual capacity; Barry D. Davis, Newberry Corr. Facility Warden-sued in his individual capacity; Jim Armstrong, Grievances & Appeals-sued in his individual capacity, Defendants-Appellees.

No. 09-1161.

United States Court of Appeals, Sixth Circuit.

Submitted: March 11, 2010.

Decided and Filed: May 6, 2010.

ON BRIEF: Jerry Flanory, Flint, Michigan, pro se.

Before MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.^*

OPINION

ALGENON L. MARBLEY, District Judge.

Plaintiff-Appellant Jerry Flanory (“Flanory”), a prisoner proceeding pro se, appeals the decision of the district court to dismiss his Complaint for failure to state a claim against Defendants-Appellees Allen Bonn (“Bonn”), Robert Torp (“Torp”), Jeffrey Woods (“Woods”), Linda Tribley (“Tribley”), Alma Potts (“Potts”), Nancy Marshall (“Marshall”), Barry Davis (“Davis”), and Jim Armstrong (“Armstrong”) (collectively, the “Defendants”). For the following reasons, we REVERSE the judgment of the district court and REMAND the case.

I. BACKGROUND

Flanory is currently incarcerated at the Mound Correctional Facility, but his claims pertain to events that took place while he was housed at the Newberry Correctional Facility (“NCF”). On or about December 12, 2004, Flanory was interviewed by Bonn, the Classification Director at NCF, for placement in the General Equivalent Degree (“GED”) program at the facility. Flanory informed both Bonn and Torp, the principal of NCF's GED program, that he had obtained his GED from the Sarvis Educational Center many years before, and that he had since obtained an Associate Degree in General Studies from the Montcalm Community College. Flanory further advised that verification of his educational history could be found in his Presentence Investigation Report (“PSIR”). Torp informed Flanory that NCF policy prohibits the use of the PSIR for verification of educational history. Linda Tribley, the Assistant Deputy Warden at NCF, advised Flanory that it was his responsibility to provide documentation showing his educational achievements. Notwithstanding the fact that he already had his GED, and over his objections, Flanory was assigned to the GED program. Because he already had obtained his GED, Flanory refused to attend the class.

On January 4, 2005, Flanory filed a grievance on the issues of his GED, Associate Degree, and PSIR, contesting the requirement that he participate in a GED class, which he had already completed, for a degree he had already obtained. On January 5, 2005, Flanory signed an Assignment Waiver Form to be removed from the GED program and the school roster. On January 28, 2005, Bonn placed Flanory on room restriction for waiving the GED program. Room restriction disqualified Flanory from indigent status. As a result, he was not able to purchase personal hygiene items, including toothpaste. In response to Flanory's grievance concerning the situation, Davis, NCF Warden, denied Flanory's grievance appeal, stating that Flanory would be ineligible for indigent status for a period of 12 months, and that certain hygiene items, including bars of soap, shampoo, tooth swabs, and toilet paper, were available in the housing units. Flanory then requested these items from Potts, NCF Assistant Resident Unit Supervisor, who responded that the items were not available. Toothpaste was among the hygiene items listed by Davis as only available for purchase in the prisoner store.

In October 2005, Flanory met with the new principal of NCF's GED program, Mr. Belles, who then contacted Montcalm Community College and verified Flanory's Associate Degree. On November 10, 2005, Flanory was removed from room restriction and added to the work pool. After securing funds from his job assignment, Flanory requested his records from the Sarvis Educational Center. On April 18, 2006, Flanory received documentation showing that he had earned a GED.

Flanory's placement on room restriction and his loss of indigent status caused him to be without toothpaste beginning in January 2005, for a period of 337 days. Flanory had undergone a dental examination in October 2004, which revealed no dental problems. In September 2005, Flanory experienced a toothache. After an examination, Flanory was diagnosed with peridontal disease of the gums, and one tooth was extracted.

On May 1, 2008, Flanory initiated this action, which sought compensatory and punitive damages, alleging that his dental health declined because he was wrongfully placed on room restriction and denied indigent status, and he was not otherwise provided with dental hygiene supplies. Flanory claimed that Defendants violated the Privacy Act, 5 U.S.C. §§ 552a(e)(5), (g)(1)(c) and (g)(4), by failing to verify his educational credentials, which caused Defendants to place him on room restriction and deny him indigent status for approximately nine months. He further alleged that Defendants violated his Eighth Amendment right to be free from cruel and unusual punishment by denying his access to dental hygiene supplies, including toothpaste, which led to his gum disease.

On August 27, 2008, Magistrate Judge Greeley issued a Report and Recommendation that Flanory's Complaint be dismissed for failure to state a claim. On September 17, 2008, Flanory filed Objections to the Report and Recommendation. In his objections, Flanory conceded his Privacy Act claim. On January 5, 2009, the district court issued an Order approving and adopting the Report and Recommendation. Flanory v. Bonn, No. 2:08-cv-108, 2009 WL 33472 (W.D.Mich. Jan. 5, 2009). Flanory then timely filed this appeal.

II. JURISDICTION

Because Flanory has appealed from a final judgment that disposed of all of his claims, we have jurisdiction based on 28 U.S.C. § 1291. This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agreed that oral argument is not needed. Fed. R.App. P. 34(a).

III. STANDARD OF REVIEW

The Prison Litigation Reform Act, Pub.L. No. 103-134, 110 Stat. 1321 (1996), requires dismissal of any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e), 1915A; 42 U.S.C. § 1997e. We review de novo a district court's dismissal of a complaint pursuant to 28 U.S.C. §§ 1915(e), 1915A, and 42 U.S.C. § 1997e. Grinter v. Knight, 532 F.3d 567, 571-72 (6th Cir.2008). “A motion to dismiss for failure to state a claim is a test of the plaintiff's cause of action as stated in the complaint, not a challenge to the plaintiff's factual allegations.” Golden v. City of Columbus, 404 F.3d 950, 958-59 (6th Cir.2005). A complaint fails to state a claim upon which relief could be granted when it is clear that the plaintiff can prove no set of facts consistent with the allegations that would entitle him to relief. Jones v. City of Carlisle, 3 F.3d 945, 947 (6th Cir.1993). A complaint that suggests “the mere possibility of misconduct” is insufficient; rather, the complaint must state “a plausible claim for relief.” Ashcroft v. Iqbal, --- U.S. ----, ----, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). To state a claim for relief under 42 U.S.C. § 1983, a plaintiff must allege a violation of a right secured by the federal Constitution or laws and must show that the violation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988); Street v. Corrs. Corp. of Am., 102 F.3d 810, 814 (6th Cir.1996).

IV. ANALYSIS

Since Flanory conceded his Privacy Act claim earlier in the litigation, the only remaining claim is the alleged Eighth Amendment violation. The Eighth Amendment prohibits prison officials from “unnecessarily and wantonly inflicting pain” on prisoners by acting with “deliberate indifference” to prisoners' serious medical needs. Blackmore v. Kalamazoo County, 390 F.3d 890, 895 (6th Cir.2004) (quoting Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)). Failure to provide medical care may rise to the level of a violation of the Cruel and Unusual Punishments Clause of the Eighth Amendment where objective and subjective requirements are met. Harrison v. Ash, 539 F.3d 510, 517-18 (6th Cir.2008); Farmer v. Brennan, 511 U.S. 825, 833, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

To satisfy the objective component, the injury must be sufficiently serious. Wilson v. Seiter, 501 U.S. 294, 297, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991) (stating that Eighth Amendment is implicated by the “unnecessary and wanton infliction of pain” and not “inadvertent failure to provide adequate medical care”); Estelle, 429 U.S. at 106, 97 S.Ct. 285 (“In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.”); Talal v. White, 403 F.3d 423, 426 (6th Cir.2005) (requiring that the prisoner demonstrate more than “mere discomfort or inconvenience”). In the context of “conditions of confinement” cases, the Eighth Amendment is concerned only with “deprivations of essential food, medical care or sanitation” or “other conditions intolerable for prison.” Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981); see also ...