Hale v. Scott

• Decision Date: 17 March 2003
• Docket Number: No. 01-CV-3052.,01-CV-3052.
• Parties: Gregory HALE, Plaintiff, v. Augustus SCOTT, Jr., Warden; Lana Wildman, Librarian; Gary Wyles, Lieutenant of Internal Affairs; and Donald N. Snyder, Jr., Director of Illinois Department of Corrections, Defendants.
• Court: U.S. District Court — Central District of Illinois

252 F.Supp.2d 728

Gregory HALE, Plaintiff, v. Augustus SCOTT, Jr., Warden; Lana Wildman, Librarian; Gary Wyles, Lieutenant of Internal Affairs; and Donald N. Snyder, Jr., Director of Illinois Department of Corrections, Defendants.

No. 01-CV-3052.

United States District Court, CD. Illinois.

March 17, 2003.

Gregory Hale, Chicago, IL, Pro se.

Michael J. McGee, Office of Illinois Attorney General, Springfield, IL, for Defendant.

Order

BAKER, District Judge.

On January 28, 2002, all the plaintiffs claims were dismissed for failure to state a claim except for his claims that:

1) the discipline he received for insolence based on the content of his prison grievance violated his First Amendment rights;

2) he was transferred to another prison in retaliation for exercising his right of access to the courts or for helping others exercise their right of access to the courts; and,

3) defendant Wildman retaliated against the plaintiff for exercising his right of access to the courts by refusing him copies of necessary legal documents and/or otherwise hindering his use of the library.

Before the court is the defendants' motion for summary judgment [d/e 53], which is granted for the reasons below.

Standards

A party moving for summary judgment must show, from the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, ..." that there is no genuine issue of material fact and that the "moving party is entitled to judgment as a matter of law." Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir.2001), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986);Fed. R. Civ. P.56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Herman v. National Broadcasting Co., Inc., 744 F.2d 604, 607 (7th Cir.1984), cert, denied, 470 U.S. 1028, 105 S.Ct. 1393, 84 L.Ed.2d 782 (1985). This burden can be satisfied by "`showing'—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party's case." Celotex, All U.S. at 325, 106 S.Ct. 2548. If such a showing is made, the burden shifts to the non-movant to "set forth specific facts showing that there is a genuine issue for trial." Fed. R.Civ.P. 56(e); Outlaw, 259 F.3d at 837. A nonmoving party cannot rest on its pleadings, but must demonstrate that there is admissible evidence that will support its position. Tolle v. Carroll Touch, Inc., 23 F.3d 174, 178 (7th Cir.1994). Credibility questions "defeat summary judgment only `[w]here an issue as to a material fact cannot be resolved without observation of the demeanor of witnesses in order to evaluate their credibility.'" Outlaw, 259 F.3d at 838, citing Advisory Committee Notes, 1963 Amendment to Fed.R.Civ.P. 56(e)(other citations omitted).

In determining whether factual issues exist, the court must view all the evidence in the light most favorable to the nonmoving party. Beraha v. Baxter Health Corp., 956 F.2d 1436, 1440 (7th Cir.1992). However, Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548. "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party there is no `genuine' issue for trial." Mechnig v. Sears, Roebuck & Co., 864 F.2d 1359 (7th Cir.1988). A "metaphysical doubt" will not suffice. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Disputed facts are material only if they might affect the outcome of the suit. First Ind. Bank v. Baker, 957 F.2d 506, 507-08 (7th Cir.1992). "Summary judgement is not a discretionary remedy. If the plaintiff lacks enough evidence, summary judgement must be granted." Jones v. Johnson, 26 F.3d 727, 728 (7th Cir.1994).

Background and Facts

On June 30, 1999, during his incarceration at Lincoln Correctional Center ("Lincoln"), the plaintiff filed a grievance against an Officer Drone. [Complaint, d/e 5 at p. 4]. The grievance stated that Officer Drone failed to "call chow" in the mornings, dozed off during duty, talked on the phone excessively, and slandered the plaintiffs name by labeling him to other inmates as a complainer. The plaintiff characterized Officer Drone as unethical and unprofessional. The plaintiff further accused this officer of "fratilizing"¹ with inmates, including the plaintiff. He stated,

Furthermore, I have observed C/O Drone badge # 138, Fratilizing with inmates and on two occasions with me. In which she told me that this is her third 90 days being assigned to Housing Unit 5B, and she must be doing something right, why she hadn't been moved. Rumor goes according to inmates that have been on the unit since she came, [Officer Drone] is screwing a lot of the Officer's on the midnight shift along with a few Sergeants and Lt's, etc.. Maybe C/O Drone had became to at ease with H.U. 5B and should be reassigned or put on days to enable her to review how to perform her job assignment when assigned to Housing unit.

[Grievance attached to Complaint, d/e 5, [sics not specifically identified]]. The plaintiff requested in his grievance that the administration discipline the officer, remove her from the unit or switch her to the day shift.

The grievance officer's response was "The allegations/accusation Mr. Hale cites in this grievance are quite serious in nature. The matter has already been referred to Internal Affairs for Investigation." Defendant Wyles (a lieutenant) interviewed the plaintiff, and on July 7, 1999, wrote a disciplinary report against the plaintiff accusing him of insolence for his grievance statements referring to the rumors about Officer Drone having sexual intercourse with other officers during her shift. Defendant Wyles' ticket stated that the plaintiff had admitted on interview that it was just a rumor which he had included because "he wanted to put everything he knew about Drone in the grievance." [Disciplinary Report dated 7/7/99, attached to Complaint]. The plaintiff stated in his deposition that defendant Wyles had asked him why he had included the statement in his grievance, and the plaintiff had replied, "I said no apparent reason. I was reporting the conduct and that was part of the conduct that I was aware of and I wanted to include that." [Plaintiffs Aff. p. 51. lines 8-11].

An Adjustment Committee Report attached to the plaintiffs complaint found the plaintiff guilty of insolence for stating in his grievance that the officer was "messing (screwing) around with staff members."² The Report states that the guilty finding was based on defendant Wyles' credibility and the plaintiffs admission that the accusations against the officer were only rumors. The plaintiff was demoted to C grade for 15 days and received segregation for 15 days.³

In a separate incident, the plaintiff alleges that he was transferred to Logan Correctional Center in retaliation for filing his grievances and lawsuits and/or acting as a jailhouse lawyer. Defendant Wildman (the librarian) allegedly refused to allow him to make photocopies of legal documents he needed to file his complaint in an action in Illinois Claims Court and otherwise hindered his library access, in retaliation for his filing grievances and lawsuits. The plaintiff admitted in his deposition that defendant Wildman allowed him to make photocopies when the plaintiff had enough money on the books.

The following facts are offered by the defendants with support in the record and are not disputed by the plaintiff. On October 7, 2000⁴, Lincoln was transformed from a men's prison to an exclusively women's prison, medium security. The plaintiff was transferred from Lincoln on September 20, 2000, because of this transformation. The majority of male inmates at Lincoln were transferred to Logan Correctional Center or Dixon Correctional Center.⁵ Approximately 260 inmates were transferred from Lincoln to Logan Correctional Center on or before October 7, 2000. The plaintiff admits that the transfer itself was not done in retaliation, but maintains that he was transferred to Logan rather than another minimum security prison in retaliation. At no time did Warden Scott contact the clinical service supervisor's officer to involve himself in the transfer assignment of inmate Hale.

The plaintiff does not dispute that if inmates are permitted to harass, annoy, show disrespect for, and intimidate officers, the safety and security of the prison is compromised. He does not dispute that inmates might be able to manipulate staff to their advantage and to conduct prohibited activities without intervention by the compromised staff.

Analysis

Discipline for Insolent Statement in Grievance

The trouble arises from the plaintiffs statement in his grievance that, "Rumor goes according to inmates that have been on the unit since she came, [Officer Drone] is screwing a lot of the Officer's on the midnight shift along with a few Sergeants and Lt's, etc., ...." 20 Ill. Adm.Code 504, Table A, defines insolence as "talking, touching, gesturing, or other behavior which harasses, annoys or shows disrespect."

The plaintiff argues in his response that his grievance did not compromise any safety or security concerns and that he has a First Amendment right to grieve unprofessional and unethical conduct of employees. He asserts that he could have called a witness, a Chaplain Tockey, to corroborate the rumor's existence, but that his witness request was refused.⁶ He further asserts that he has known inmates to use "all kinds of disrespectful names thru the griv. proc. and they were never disciplined for it," though he offers no evidence to support his assertion. [Plaintiffs Objections to the Defendant's...