Henderson v. Mills, No. W2005-01040-COA-R3-CV (TN 9/1/2005), W2005-01040-COA-R3-CV.
| Decision Date | 01 September 2005 |
| Docket Number | No. W2005-01040-COA-R3-CV.,W2005-01040-COA-R3-CV. |
| Parties | SHERMAN ALEXANDER HENDERSON v. DAVID MILLS, WARDEN. |
| Court | Tennessee Supreme Court |
Sherman Alexander Henderson, Pro Se.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Jennifer L. Brenner, Office of the Attorney General, Nashville, For Appellee, Warden David Mills.
OPINION
Appellant is an inmate in the custody of the Tennessee Department of Correction. Appellant filed suit against the Warden of the West Tennessee State Penitentiary on grounds of retaliation and violation of inmate's civil rights arising from inmate's reclassification and transfer. The trial court granted Warden's Tenn. R. App. P. 12.02 Motion to Dismiss. Inmate appeals. We affirm.
Sherman Alexander Henderson ("Appellant") is an inmate in the custody of the Tennessee Department of Correction ("TDOC"). David Mills ("Appellee") is the Warden of the West Tennessee State Penitentiary ("WTSP"). On May 24, 2004, Mr. Henderson filed a "Complaint for Violation of Civil Rights under Tennessee Code Annotated, § 28-3-104, et seq." (the "Complaint"). In his Complaint, Mr. Henderson asserts that Warden Mills retaliated against him by transferring him from the WTSP to the Whiteville Correctional Facility ("WCF"). The Complaint reads, in pertinent part, as follows:
COMES NOW, Plaintiff, Sherman A. Henderson...Pro se, and pursuant to T.C.A. §28-3-104(a)(1)(3), and moves this Honorable Court for a declaratory relief judgment in this complaint for violation of his civil rights and issue an order of same that the warden's action was a violation of Plaintiff's rights, and to pay compensatory and punitive damages for such violations, and in addition to, the compensable relief sought in the relief section herein as full restoration of rights and relief.
I. STATEMENT OF THE CASE
The above named defendant is the Warden of the West Tennessee State Penitentiary, acting as a[n] agent of the Tennessee Department of Correction of the [S]tate of Tennessee, and during his official, individual and personal capacities violated Plaintiff's clearly established First Amendment right to freedom of expression entitled to him under the state and federal constitution.
Defendant David Mills knew he was violating Plaintiff's well established civil rights, and the Plaintiff's First Amendment retaliatory transfer was done in bad faith and maliciously because Plaintiff exercised his civil rights.
Plaintiff never had any problems with Warden Mills in the past, in fact, Plaintiff hardly even kn[e]w the man.
Plaintiff learned of Warden Mills' retaliatory transfer of Plaintiff via his own sworn affidavit that he was forced to submit in another case in federal district court in Nashville, TN.1
Wardens of prisons have authority and discretion regarding prisoners' transfers, however, they do not have authority, nor the discretion to retaliate against a prisoner, obviously for no other reason than because the prisoner writes him letters about his concerns, well being and wrongful actions of lower level staff.2 Wardens nor their staff can act with impunity for their action in such a manner.
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III. STATEMENT OF THE FACTS
On or about December 30, 2003, Plaintiff was housed at West Tennessee State Penitentiary....
Further, on or about this same date, Plaintiff began writing letters (three (3) letters) of inquiry to Warden David Mills about conduct that was in violation of TDOC policies and procedures. Plaintiff also gave notice copies of one letter to: Deputy Warden Henry Steward, Associate Warden of Operations Ross Bates, AWO Vicky Kirby and his then Unit Manager Sweat.
On or about January 19, 2004, Warden Mills subsequently retaliated against me by increasing my Minimum Trustee custody level to a more restrictive level.
Moreover, as a direct result of me having written Warden Mills expressing my concerns of my treatment in a respectful manner, I was transferred to my current location at the CCA — Whiteville Correctional Facility in Whiteville, Tennessee....
But for Plaintiff's written inquiries to Warden David Mills, he would not have been retaliated against by Warden Mills thus subsequently increasing Plaintiff's Trustee custody to Minimum Restricted and transferred.
Davis v. Kelly, 160 F.3d 917, 920 (2d Cir. 1998) ();
Rouse v. Benson, 193 F.3d 936, 940 (8th Cir. 1999) ();
Toolasprashad v. Bureau of Prisons, 286 F.3d 576, 585 (D.C. Cir. 2002) ();
All Plaintiff must show, is that retaliatory motives are the only reasons for his transfer in order to state a claim for relief. Warden David Mills' sworn affidavit, demonstrates his retaliatory motive....
IV. RELIEF
1). That Defendant David Mills, Warden, pay to the Plaintiff, Compensatory Damages in the amount of Twenty-Five Hundred Dollars ($2,500.00);
2). Defendant David Mills, Warden, pay to the Plaintiff, Punitive Damages in the amount of Five Thousand Dollars ($5,000.00); AND IN ADDITION TO,
3). Plaintiff be ordered returned to West Tennessee State Penitentiary's Minimum Security Complex; Minimum Trustee custody level be fully restored; his previously held prison job assignment be restored to Heavy Equipment Operator/Tractor Driver under Supervisor/Officer Barry Collier Produce Department; and, receive back pay from December 30, 2003 to the retaliatory transfer complaint's resolution.
Attached to Mr. Henderson's Complaint was the sworn Affidavit of Warden Mills. This Affidavit was filed in the case ofSherman Henderson, et al. v. Phil Bredesen, et al., a United States District Court case also initiated by Mr. Henderson.3 Warden Mills' Affidavit explains Mr. Henderson's reclassification and transfer from WTSP to WCF as follows:
5. Mr. Henderson was received into the custody of the TDOC in 1980 and, on 05/23/2000 was transferred to Northwest Correctional Facility to WTSP. On 12/05/2000, Mr. Henderson's classification was changed from Minimum Direct to Minimum Trustee status upon Mr. Henderson being scheduled for future parole board consideration in 12/2003. Pursuant to the authority provided in TDOC Policy #404.07, at Subsection VI F.1., an inmate who has a conviction for First Degree Murder, may be considered for Minimum Direct or Minimum Trustee classification if such inmate is within less than three (3) years from his earliest release date. Mr. Henderson, therefore, was classified on Minimum Direct status on 12/07/2000 and later classified to Minimum Trustee status on 12/12/2001.
6. Mr. Henderson remained on Minimum Trustee classification until 01/12/2004 when, at such time, his security classification was changed to Minimum Restricted. The change was due to the actions of the Tennessee Board of Parole and Probation in denying parole release for Mr. Henderson and setting a future date for parole consideration of 12/01/2010. Since Mr. Henderson, due to the decision and ruling of the Board, was no longer within three (3) years of his earliest release date per TDOC Policy # 404.07, Mr. Henderson no longer qualified for Minimum Direct or Minimum Trustee classification consideration.
7. Mr. Henderson, furthermore, does not qualify to be "grandfathered" at the security classification of Minimum Direct or Minimum Trustee under the provisions of TDOC Policy #404.07, Subsection VI, F, 2, which provides that "[T]hose inmates assigned prior to May 24, 2000 [the effective date of the policy] to remain so long as current status does not change." Such inmates, with a conviction for First Degree Murder, would not have to meet the three (3) year requirement set forth in Subsection VI, F, 1, Mr. Henderson was reclassified and placed on Minimum Restricted Classification status, from Minimum Direct status, on 05/22/2000 while housed at Northwest Correctional Complex. Mr. Henderson was reclassified as Minimum Direct at WTSP on 12/07/2000, after the 05/24/2000 effective date of TDOC Policy #404.07. Therefore, Mr. Henderson does not qualify to be considered as "grandfathered" for Minimum Direct or Minimum Trustee security classification under the policy. (Emphasis in original).
8. At WTSP, when an inmate who is classified as Minimum Trustee, is denied release on parole by the Tennessee Board of Paroles and Probation, it is determination [sic] that the inmate's Minimum Trustee security classification be temporarily suspended for a period of 60-90 days, with the inmate reclassified as Minimum Restricted, requiring the inmate to be housed with secure confinement. However, since the decision of the Board, to defer further parole consideration until 12/01/2010, made Mr. Henderson ineligible for return to Minimum Direct or Minimum Trustee classification, the inmate was properly classified as Minimum Restricted.
9. On 02/23/2004, at my request, Mr. Henderson was transferred from WTSP to Whiteville Correctional Facility (WCFA). My decision to transfer Mr. Henderson from WTSP to WCFA was solely and directly related to the repeated extreme concerns expressed by Mr. Henderson that he was being treated wrongfully by the WTSP staff regarding his reclassification. Given the fact that the Whiteville facility is the same, if not closer, to Memphis...
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