Green v. Tudor

• Decision Date: 29 January 2010
• Docket Number: Case No. l:08-cv-51.
• Citation: 685 F.Supp.2d 678
• Parties: Virgil GREEN, a/k/a Mu'eem Rashad, Plaintiff, v. Gail TUDOR, et al., Defendants.
• Court: U.S. District Court — Western District of Michigan

685 F.Supp.2d 678

Virgil GREEN, a/k/a Mu'eem Rashad, Plaintiff,

v.Gail TUDOR, et al., Defendants.

Case No. l:08-cv-51.

United States District Court,

W.D. Michigan,

Southern Division.

Decided: Jan. 29, 2010.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Virgil Green, Ionia, MI, pro se.

Julia R. Bell, MI Dept. Attorney General, Lansing, MI, for Defendants.

OPINION AND ORDER

JANET T. NEFF, District Judge.

This is a civil rights action filed by a state prisoner pursuant to 42 U.S.C § 1983 concerning (1) his access to the prison law library and (2) the adequacy of the prison food service. The four remaining defendants filed two motions for summary judgment (Dkts. 49 & 75). The matter was referred to the Magistrate Judge who issued a Report and Recommendation recommending that this Court grant defendants' motions (Dkt. 88 at 37). The matter is presently before the Court on plaintiffs objections (Dkt. 89) to the Report and Recommendation. In accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Crv P. 72(b)(3), the Court has performed de novo consideration of those portions of the Report and Recommendation to which objections have been made. Plaintiff's objections do not reveal any error by the Magistrate Judge in his factual or legal analysis. The Court therefore denies the objections and issues this Opinion and Order.

Plaintiff argues that some of the Magistrate Judge's proposed factual findings are erroneous or "misplaced" (Dkt. 89 at 1-4). Plaintiff similarly objects to some of the Magistrate Judge's legal conclusions as being dependent on a misreading of the facts (Id. at 4-7). Plaintiffs arguments are without merit. Plaintiff merely indicates his disagreement with the Magistrate Judge's factual findings but does not reveal any error. Moreover, plaintiff's objections reveal his misunderstanding of the summary judgment standard. In analyzing defendants' motion for summary judgment, the Magistrate Judge was under no duty to accept plaintiff's "story" as true. Rather, the Magistrate Judge was required to view the evidence in the light most favorable to plaintiff. See generally Anderson v. Liberty Lobby Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Plaintiff also attempts to point out an alleged legal error by the Magistrate Judge, asserting that the food service policy created a constitutionally protected liberty interest (Dkt. 89 at 6). However, any alleged inadequacy in defendants' food service policy or its implementation does not rise to the level of a constitutional violation because the policy does not create a protectible liberty interest. See Laney v. Farley, 501 F.3d 577, 581 n. 2 (6th Cir. 2007); Smith v. Freland, 954 F.2d 343, 347-48 (6th Cir.1992); Barber v. City of Salem, 953 F.2d 232, 240 (6th Cir.1992).

Plaintiff also attempts to make the substantive point that the Magistrate Judge asserted defenses that defendants Almy and Crosby did not themselves raise (Dkt. 89 at 7). Plaintiff's assertion is inaccurate. Defendants' motion asserts these defenses in response to plaintiff's constitutional and statutory claims (Dkt. 50 at 4-6).

Neither do plaintiffs general objections to the Magistrate Judge's qualified immunity analysis reveal any error. The Magistrate Judge properly concluded that Plaintiffs constitutional and statutory rights had not been violated, meaning Defendants were entitled to qualified immunity (Dkt. 88 at 32, 36). Government officials, performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 451 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); Dietrich v. Burrows, 167 F.3d 1007, 1012 (6th Cir. 1999); Turner v. Scott, 119 F.3d 425, 429 (6th Cir.1997); Noble v. Schmitt, 87 F.3d 157, 160 (6th Cir.1996).

Plaintiff lastly objects to the recommendation that this Court decline to exercise supplemental jurisdiction over his purported state-law claims (Dkt. 89 at 9). However, Plaintiff makes only the one-sentence objection, with no supporting argument.

For the reasons expressed and because this action was filed in forma pauperis, this Court adopts the Magistrate Judge's Report and Recommendation as the opinion of this Court. This Court will also certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir. 1997).

Accordingly:

IT IS HEREBY ORDERED that Plaintiffs Objections (Dkt. 89) are DENIED and the Report and Recommendation (Dkt. 88) is APPROVED and ADOPTED as the Opinion of this Court.

IT IS FURTHER ORDERED that Defendants' Rule 56(b) Motion for Summary Judgment (Dkt. 49) is GRANTED.

IT IS FURTHER ORDERED that Defendant's Rule 56(b) Motion for Summary Judgment (Dkt. 75) is GRANTED.

IT IS FURTHER ORDERED that the Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of the Judgment would not be taken in good faith.

A Judgment will be entered consistent with this Opinion and Order. See Fed. R. Civ. P. 58.

REPORT AND RECOMMENDATION

JOSEPH G. SCOVILLE, United States Magistrate Judge.

This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Plaintiff is an inmate at the Muskegon Correctional Facility (MCF). He named four State of Michigan employees as defendants: (1) former Assistant Librarian Gail Tudor;¹ (2) School Principal, Michael Barnett; (3) Assistant Food Service Director, Ron Almy; and (4) Warden's Administrative Assistant, Delores Crosby.

Plaintiff's claims against defendant Tudor stem from plaintiff's June 4, 2007 use of MCF's law library. He alleges that defendant Tudor violated his First Amendment right of access to the courts and violated his rights under the Fourteenth Amendment's Equal Protection Clause when she sent plaintiff to the back of a short line of prisoners waiting to enter the prison library. He alleges that defendant Barnett was Tudor's supervisor and that he was the author of Step I responses to plaintiffs two grievances regarding Ms. Tudor. Plaintiff claims that Barnett violated the same constitutional rights as Tudor, and that Tudor and Barnett conspired to deprive him of his federal constitutional rights.

Plaintiff's claims against Assistant Food Service Director Almy relate to the adequacy of the prison's food service during plaintiffs 2007 observance of Ramadan. He alleges that various actions by defendant Almy violated his rights under the First Amendment's Free Exercise and Establishment Clauses, the Fourteenth Amendment's Due Process and Equal Protection Clauses, and his statutory rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Plaintiff alleges that the Warden's Administrative Assistant, Delores Crosby, failed to respond to his September 11 and 12, 2007 letters. He claims that Crosby's actions violated the same constitutional and statutory rights as defendant Almy. He asks that the court, in its discretion, exercise supplemental jurisdiction over state-law claims against all defendants. He seeks an award of monetary damages and declaratory and injunctive relief against defendants in their individual capacities ².

The matter is now before the court on defendants' motions for summary judgment, (docket #'s 49, 75). Plaintiff filed briefs in opposition to defendants' motions (docket #'s 56-57, 79), and the motions are ready for decision. For the reasons stated herein, I recommend that defendants' motions for summary judgment be granted. I further recommend that the court, in its discretion, decline to exercise supplemental jurisdiction. An order implementing these recommendations should be entered. I further recommend that the court enter a separate and final judgment in favor of defendants on all plaintiffs federal claims.

Applicable Standards

A. Summary Judgment Standard

Summary judgment is appropriate when the record reveals that there are no genuine issues as to any material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P 56(c); Sybrandt v. Home Depot U.S.A Inc., 560 F.3d 553, 557 (6th Cir.2009). The standard for determining whether summary judgment is appropriate is "whether 'the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.'" Moses v. Providence Hosp. Med. Centers, Inc., 561 F.3d 573, 578 (6th Cir.2009) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); see Cody v. Arenac County, 574 F.3d 334, 339 (6th Cir.2009). The court must consider all pleadings, depositions, affidavits, and admissions on file, and draw all justifiable inferences in favor of the party opposing the motion. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 415 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Smith v. WilliamsAsh, 520 F.3d 596, 599 (6th Cir.2008).

When the party without the burden of proof seeks summary judgment that party bears the initial burden of pointing out to the district court an absence of evidence to support the nonmoving party's case, but need not support its motion with affidavits or other materials "negating" the opponent's claim. See Morris v. Oldham County Fiscal Court, 201 F.3d 784, 787 (6th Cir.2000); see also Minadeo v. ICI Paints, 398 F.3d 751, 761 (6th Cir.2005). Once the movant shows that "there is an absence of evidence to support the nonmoving party's case," the nonmoving party has the burden of coming forward with evidence raising a triable issue of fact. Celotex Corp. v. Catrett, 411 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To sustain this burden, the nonmoving party may not rest on the mere allegations of his pleadings. Fed. R. Civ. P. 56(e); see Everson v. Leis, 556 F.3d 484, 496 (6th Cir....