Harris v. Ostrout, No. 94-4548

• Court: United States Courts of Appeals. United States Court of Appeals (11th Circuit)
• Writing for the Court: Before TJOFLAT, Chief Judge, and HATCHETT and BLACK; PER CURIAM
• Citation: 65 F.3d 912
• Parties: Vincent D. HARRIS, Plaintiff-Appellant, v. I.K. OSTROUT, CO; M.O. McRae, Captain; Nathaniel Collins, CO I; David R. Farcas; Nick Barton, Correctional Officer II, Defendants-Appellees. Non-Argument Calendar.
• Docket Number: No. 94-4548
• Decision Date: 29 September 1995

Page 912

65 F.3d 912 Vincent D. HARRIS, Plaintiff-Appellant,
v.
I.K. OSTROUT, CO; M.O. McRae, Captain; Nathaniel Collins,
CO I; David R. Farcas; Nick Barton, Correctional
Officer II, Defendants-Appellees. No. 94-4548
Non-Argument Calendar. United States Court of Appeals,
Eleventh Circuit. Sept. 29, 1995.

Page 914

Vincent D. Harris, Belle Glades, FL, pro se.

Alan Keith Fertel, Ferrell, Cardenas & Fertel, Miami, FL, for Collins, Barton, Ostrout, Farcas & McRae.

Gregory Alan Prebish, Miami, FL, Jason D. LaVey, Ferrell & Fertel, Miami, FL, for Collins, Barton, Ostrout, Farcas & McRae.

Appeal from the United States District Court for the Southern District of Florida.

Before TJOFLAT, Chief Judge, and HATCHETT and BLACK, Circuit Judges.

PER CURIAM:

Florida inmate Vincent D. Harris appeals the district court's grant of Appellees' joint

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motion for summary judgment. We affirm in part, reverse in part, and remand the case to the district court.

I. BACKGROUND

The events giving rise to this action occurred between September and November 1990 while Appellant was confined at Martin Correctional Institution (MCI) in Indiantown, Florida. Appellant brought this pro se 42 U.S.C. Sec. 1983 action against five officers and employees of MCI alleging violations of his civil rights. Appellant claims Appellees subjected him to unnecessary strip searches and other forms of sexual harassment, denied him access to legal materials, wrongly disciplined him, and subjected him to an insect-infested cell and inadequate diet. According to Appellant, Appellees' actions were motivated by racial animus ¹ and a desire to punish him for other lawsuits he has filed. ²

Appellees moved for summary judgment on all claims arguing, inter alia: (1) that Appellant failed to state a claim and (2) that Appellant failed to produce enough evidence to create a genuine issue of material fact on any of his claims. The magistrate judge handling the case found that no genuine issue of material fact remained and recommended that summary judgment be granted. The district court adopted the magistrate's report and recommendation and dismissed all claims. This appeal follows.

II. STANDARD OF REVIEW

This Court reviews the granting of summary judgment de novo, applying the same legal standards which bound the district court. Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir.1995). In determining whether a genuine issue of material fact remains for trial, courts must view all evidence and make all reasonable inferences in favor of the party opposing summary judgment. Id.

III. DISCUSSION

The difficulty in sorting through the allegations in Appellant's pro se complaints ³ makes it necessary for us to analyze the claims defendant-by-defendant. In doing so, we construe Appellant's complaint more liberally than we would the complaint of a represented party. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972); Fernandez v. United States, 941 F.2d 1488, 1491 (11th Cir.1991).

A. Collins

Appellee Nathaniel Collins was a correctional officer at MCI in late 1990. Appellant alleges that Collins sexually harassed him by conducting unwarranted strip searches and denied him access to the courts by confining him in his cell when he refused to submit to those searches. Collins denies intending to harass Appellant or block his access to the courts and claims that the strip searches were part of standard prison procedure.

Construed liberally, Appellant's complaint states a claim under the First and Eighth Amendments. ⁴ Although prisoners

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have no Fourth Amendment right to be free from strip searches, Bell v. Wolfish, 441 U.S. 520, 557-59, 99 S.Ct. 1861, 1884, 60 L.Ed.2d 447 (1979), the Eighth Amendment prohibits the "unnecessary and wanton infliction of pain," Wilson v. Seiter, 501 U.S. 294, 296-98, 111 S.Ct. 2321, 2323, 115 L.Ed.2d 271 (1991) (quoting Estelle, 429 U.S. at 104-05, 97 S.Ct. at 291). Thus, if Collins' strip searches of Appellant are devoid of penological merit and imposed simply to inflict pain, the federal courts should intervene. See Turner v. Safley, 482 U.S. 78, 83-85, 107 S.Ct. 2254, 2259, 96 L.Ed.2d 64 (1987). In addition, the First Amendment grants prisoners a limited right of access to the courts. Bounds v. Smith, 430 U.S. 817, 819-21, 97 S.Ct. 1491, 1494, 52 L.Ed.2d 72 (1977); Adams v. James, 784 F.2d 1077, 1081 (11th Cir.1986). The state may not burden this right with practices that are not reasonably related to legitimate penological objectives, Turner, 482 U.S. at 85-89, 107 S.Ct. at 2260-61, nor act with the intent of chilling that First Amendment right, Wildberger v. Bracknell, 869 F.2d 1467, 1468 (11th Cir.1989).

The district court correctly granted summary judgment for Collins because Appellant failed to produce enough evidence to create a genuine issue of fact for trial. The prison regulations which Collins relied, require that he strip search all "close management" prisoners like Appellant before they leave their cells for any reason. Appellant produced nothing to rebut the presumption of reasonableness which we must attach to such prison security regulations. See, e.g., Turner, 482 U.S. at 83-85, 107 S.Ct. at 2259; Bell, 441 U.S. at 546-47, 99 S.Ct. at 1878. Appellant also produced nothing, beyond his own conclusory allegations, suggesting that Collins' actions in compliance with the strip search regulations were motivated by a retaliatory animus. In the absence of such evidence, summary judgment was appropriate.

B. Barton

Appellee Nick Barton was a housing sergeant at MCI in late 1990. Appellant alleges that when he complained about Collins' behavior to Barton, Barton did nothing to intervene and, instead, made unsympathetic comments. Barton, like Collins, relies on prison regulations requiring the strip search of all "close management" inmates who leave their cells and denies harboring any retaliatory motive towards Appellant.

As with the claims against Collins, Appellant's complaint states a claim against Barton under the First and Eighth Amendments. Nevertheless, Appellant produced nothing to allow his claims against Barton to go to trial. In upholding Collins' strip search of Appellant, Barton was complying with reasonable prison regulations. Moreover, no evidence suggested that any improper motive animated Barton's actions towards Appellant. The district court correctly granted summary judgment.

C. Ostrout

Appellee I.K. Ostrout was a correctional officer at MCI in late 1990. Appellant alleges that Ostrout cited him for two disciplinary violations because of his race and because of his prior litigation activities. Although the prison disciplinary review board found Appellant not guilty of one of the violations Ostrout documented, Appellant was found guilty of making spoken threats, resulting in the suspension of Appellant's recreational privileges. Ostrout denies that he cited Appellant for improper reasons and maintains that he never made racist statements or indicated a desire to retaliate against Appellant.

As explained above, Appellant's allegation of retaliation states a valid First Amendment claim. In addition, the allegations against Ostrout state an...