Halcomb v. Ravenal

• Citation: 344 F.Supp.3d 844
• Decision Date: 30 September 2018
• Docket Number: Civil Action No.: 8:17-cv-01410-JMC
• Court: U.S. District Court — District of South Carolina
• Parties: Fred R. HALCOMB, Jr., Plaintiff, v. Inmate Classification Committee Chairperson Mrs. RAVENAL, in Her Individual Capacity, Defendant.

344 F.Supp.3d 844

Fred R. HALCOMB, Jr., Plaintiff,

v.Inmate Classification Committee Chairperson Mrs. RAVENAL, in Her Individual Capacity, Defendant.

Civil Action No.: 8:17-cv-01410-JMC

United States District Court, D. South Carolina, Anderson Division.

Signed September 30, 2018

Cory Bradley Patterson, Haynsworth Sinkler Boyd, Greenville, SC, for Plaintiff.

J. W. Nelson Chandler, James Matthew Johnson, Chandler and Dudgeon, Charleston, SC, for Defendant.

ORDER AND OPINION

J. Michelle Childs, United States District Judge

This matter is before the court for review of the Magistrate Judge's July 11, 2018 Report and Recommendation ("Report") (ECF No. 51), recommending the court grant Defendant Inmate Classification Committee Chairperson Mrs. Ravenal's ("Defendant") Motion for Summary Judgment (ECF No. 22). For the reasons below, the court REJECTS the Magistrate Judge's Report (ECF No. 51) and DENIES Defendant's Motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Report sets forth the relevant facts, which this court adopts without a full recitation. (ECF No. 51 at 2-4.) As brief background, during the time relevant to this action, Plaintiff was an inmate at Lieber Correctional Institution ("Lieber") in Ridgeville, South Carolina.¹ (ECF No. 51 at 2.) On September 1, 2005, Plaintiff was convicted of murder and sentenced to life without the possibility of parole. (Id. ) On March 23, 2016, as a result of several disciplinary violations, Plaintiff was transferred from general population into the Restricted Housing Unit on Short Term Detention Status to await a hearing before the Disciplinary Hearing Officer. (Id. at 2-3.) On April 14, 2016, Plaintiff was convicted of the March 23 violations and sanctioned to sixty days (60) in disciplinary detention. (Id. at 3.) On April 18, 2016, the RHU Institutional Classification Committee ("ICC"), which consisted of Defendant and two other members, reviewed the classification of inmates on disciplinary detention to determine whether they should be transferred to security detention. (Id. ; ECF No. 22 at 4.) Plaintiff's hearing before the ICC took place on April 18, 2016. (Id. ) Plaintiff claims he did not receive forty-eight hours notice of this hearing, as mandated by South Carolina Department of Corrections ("SCDC") policy, and did not know about the hearing until he arrived at the hearing. (Id. ; ECF No. 1 at 5-6.) At the conclusion of the hearing, after considering Plaintiff's testimony, disciplinary record, and institutional history, the ICC recommended to Central Classification that Plaintiff be placed in security detention. (ECF No. 51 at 3.) Central Classification adopted the ICC's recommendation and placed Plaintiff in security detention on April 20, 2016. (Id. ) After unsuccessfully appealing his placement in security detention by filing both Step 1 and Step 2 grievances, Plaintiff, proceeding pro se, commenced the present action. (Id. ) Plaintiff alleges Defendant violated his due process rights under the Fourteenth Amendment by failing to provide him notice of the ICC hearing. (ECF No. 1 at 5.)

On September 8, 2017, Defendant filed her Answer (ECF No. 14) to Plaintiff's Complaint. On October 10, 2017, Plaintiff replied to Defendant's Answer. (ECF No. 21.) On October 20, 2017, Defendant moved for summary judgment. (ECF No. 22.) The Magistrate Judge entered an order pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the summary judgment procedure and possible consequences if he failed to adequately respond. (ECF No. 24.) On January 16, 2018, Plaintiff filed his Response in Opposition to Defendant's Motion for Summary Judgment (ECF No. 39) to which Defendant replied on January 26, 2018 (ECF No. 45). On February 20, 2018, Plaintiff filed a Sur Reply. (ECF No. 49.) On July 11, 2018, the Magistrate Judge issued her Report recommending the court grant Defendant's Motion. (ECF No. 51.) On August 31, 2018, Plaintiff filed an Objection to the Magistrate Judge's Report. (ECF No. 58.) On September 12, 2018, Defendant filed a reply. (ECF No. 61.)

II. LEGAL STANDARD

The Magistrate Judge's Report is made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(c) for the District of South Carolina. The Magistrate Judge makes only a recommendation to the court, which has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber , 423 U.S. 261, 270–71, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). The court reviews de novo only those portions of a magistrate judge's report and recommendation to which specific objections are filed and reviews those portions which are not objected to—including those portions to which only "general and conclusory" objections have been made—for clear error. See Diamond v. Colonial Life & Acc. Ins. Co. , 416 F.3d 310, 315 (4th Cir. 2005) ; Camby v. Davis , 718 F.2d 198, 200 (4th Cir. 1983) ; Orpiano v. Johnson , 687 F.2d 44, 47 (4th Cir. 1982). As Plaintiff is a pro se litigant, the court is required to liberally construe his arguments. Gordon v. Leeke , 574 F.2d 1147, 1151 (4th Cir. 1978). The court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).

Summary judgment is a drastic remedy and "should not be granted unless it is perfectly clear that there are no genuine issues of material fact in the case." Ballinger v. N.C. Agr. Extension Serv. , 815 F.2d 1001, 1004–05 (4th Cir. 1987). See also Fed. R. Civ. P. 56(a) ("The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."). A fact is "material" if proof of its existence or non-existence would affect the disposition of the case under the applicable law. Anderson v. Liberty Lobby Inc. , 477 U.S. 242, 248–49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine question of material fact exists where, after reviewing the record as a whole, the court finds a reasonable jury could return a verdict for the non-moving party. Newport News Holdings Corp. v. Virtual City Vision , 650 F.3d 423, 434 (4th Cir. 2011).

When ruling on a summary judgment motion, a court must view the evidence in the light most favorable to the non-moving party. Perini Corp. v. Perini Constr., Inc. , 915 F.2d 121, 123– 24 (4th Cir. 1990). The non-moving party may not oppose a summary judgment motion with mere allegations or denial of the movant's pleading, but instead must "set forth specific facts" demonstrating a genuine issue for trial. See Fed. R. Civ. P. 56(e) ; see also Celotex Corp. v. Catrett , 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Anderson , 477 U.S. at 252, 106 S.Ct. 2505 ; Shealy v. Winston , 929 F.2d 1009, 1012 (4th Cir. 1991). All that is required to survive summary judgment is that "sufficient evidence supporting the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." Anderson , 477 U.S. at 249, 106 S.Ct. 2505. "Mere unsupported speculation ... is not enough to defeat a summary judgment motion." Ennis v. Nat'l Ass'n of Bus. & Educ. Radio, Inc. , 53 F.3d 55, 62 (4th Cir. 1995).

III. DISCUSSION

The Fourteenth Amendment protects persons against deprivation of life, liberty, or property without due process of law. U.S. Const. amend. XIV. "To state a procedural due process violation, a plaintiff must (1) identify a protected liberty or property interest and (2) demonstrate deprivation of that interest without due process of law." Prieto v. Clarke , 780 F.3d 245, 248 (4th Cir. 2015). "A liberty interest may arise from the Constitution itself, by reason of guarantees implicit in the word ‘liberty’ ... or it may arise from an expectation or interest created by state laws or policies." Wilkinson v. Austin , 545 U.S. 209, 221, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005) (citations omitted). "The Supreme Court has long recognized that a prisoner may have a state-created liberty interest in certain prison confinement conditions, entitling him to procedural Due Process protections." Prieto , 780 F.3d at 248. See also Wilkinson , 545 U.S. at 222, 125 S.Ct. 2384 ("We have also held, however, that a liberty interest in avoiding particular conditions of confinement may arise from state policies or regulations, subject to the important limitations set forth in Sandin v. Conner , 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995)."). To demonstrate a prisoner has such an interest, and invoke the procedural protections of the Fourteenth Amendment Due Process Clause, the prisoner must show (1) denial of "an interest that can arise either from the Constitution itself or from state laws or policies,"² and that (2) this denial imposed on him an ‘atypical and significant hardship ... in relation to the ordinary incidents of prison life.’ " Lovelace v. Lee , 472 F.3d 174, 202 (4th Cir. 2006) (quoting Sandin , 515 U.S. at 484, 115 S.Ct. 2293 ). The second prong of this test is "necessarily [a] fact-specific" inquiry. Beverati v. Smith , 120 F.3d 500, 503 (4th Cir. 1997). "But, the ultimate determination of whether the conditions impose such an atypical and significant hardship that a liberty interest exists is a legal determination, subject to de novo review." Id.

The United States Court of Appeals for the Fourth Circuit has held that "general population is the baseline for atypicality for inmates who are sentenced to confinement in the general prison population and have been transferred to security detention while serving their sentence." Incumaa v. Stirling , 791 F.3d 517, 527 (4th Cir. 2015), as amended (July 7, 2015). "[A] general population inmate's confinement expectations radiate from the conditions that inmates in the general population normally experience." Id. at 528.

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