Johnson v. Ozmint, C.A. No. 0:07-cv-3027-PMD-BM.

• Decision Date: 20 June 2008
• Docket Number: C.A. No. 0:07-cv-3027-PMD-BM.
• Citation: 567 F.Supp.2d 806
• Court: U.S. District Court — District of South Carolina
• Parties: Willie JOHNSON, Plaintiff, v. Jon E. OZMINT, Director of S.C. Department of Corrections, Defendant.

567 F.Supp.2d 806

Willie JOHNSON, Plaintiff, v. Jon E. OZMINT, Director of S.C. Department of Corrections, Defendant.

C.A. No. 0:07-cv-3027-PMD-BM.

United States District Court, D. South Carolina.

June 20, 2008.

COPYRIGHT MATERIAL OMITTED

Willie Johnson, Ridgeville, SC, pro se.

Heath McAlvin Stewart, III, Roy F. Laney, Thomas Lowndes Pope, Riley Pope and Laney, Columbia, SC, for Defendant.

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court upon the Magistrate Judge's recommendation that (1) Defendant's Motion for Summary Judgement be granted; (2) that Plaintiffs federal constitutional claim with respect to the debiting of his trust account be dismissed with prejudice; (3) that the remainder of Plaintiffs federal claims be dismissed, without prejudice, for failure to exhaust administrative remedies and/or pursuant to Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); and (4) that Plaintiffs remaining claims be remanded to state court. The Record contains a Report and Recommendation ("R & R") of a United States Magistrate Judge which was made in accordance with 28 U.S.C. § 636(b)(1)(B). A dissatisfied party may object, in writing, to an R & R within ten days after being served with a copy of that report. 28 U.S.C. § 636(b)(1). Plaintiff filed timely objections to the R & R.

BACKGROUND

Plaintiff Willie Johnson ("Plaintiff or "Johnson") filed suit against Defendant Jon E. Ozmint ("Defendant") in the Court of Common Pleas of Richland County on June 7, 2007. The Defendant subsequently removed the case to this court on the basis of federal question jurisdiction, asserting in his notice of removal that Plaintiff was seeking relief pursuant to the United States Constitution and federal statutes. Defendant thereafter filed a Motion to Dismiss or in the alternative a Motion for Summary Judgment¹ on January 31, 2008. A Roseboro order was entered by the court on February 1, 2008, advising Plaintiff of the importance of a Motion for Summary Judgment and of the need for him to file an adequate response. After receiving an extension of time, Plaintiff filed a Response in Opposition to the Defendant's Motion for Summary Judgment on March 14, 2008, and an additional Response in Opposition on March 27, 2008. Magistrate Judge Bristow Marchant filed a Report and Recommendation on April 7, 2008, and Plaintiff filed timely Objections on or about April 18, 2008.

Plaintiff alleges in his verified Complaint² that his constitutional rights have been violated by the Defendant through the debiting of his E.H. Cooper Trust Account to cover costs for legal copies, postage, and supplies. Plaintiff alleges that his indigent status entitles him to free postage and copies; that the State of South Carolina has allocated funds for legal copies, postage, and supplies; and that Defendant, therefore, is unconstitutionally refusing to provide money for these purposes. (Compl. at 1-2.)

Plaintiff's second cause of action alleges that although the State has appropriated funds for inmates' medical services, Defendant is improperly debiting his E.H. Cooper Trust Account for that purpose. Plaintiff further alleges that he is being denied "meaningful participation in rehabilitative programs," including a prison job, that the South Carolina Department of Corrections ("SCDC") does not properly screen inmates to determine their needs or program placements, nor does it provide sufficient safeguards to assure there are sufficient staff professionals capable of making decisions on rehabilitative needs. (Compl. at 2-3.)

Plaintiff further claims that he has been improperly classified, because Defendant has improperly changed his sentence from "a period of his life" to "life in prison." (Compl. at 4.) In another cause of action, Plaintiff alleges he is illegally detained because the trial judge "failed to actually sign the commitment order" and "improperly signed the face of the indictment." Plaintiff further alleges that he received an improper sentence, and that he should have been subjected to a "maximum sentence of 10 years." (Compl. at 6-7.)

In a fifth cause of action, Plaintiff claims that he is being triple celled in violation of his constitutional rights. Plaintiff also claims that Defendant places prisoners in "double celled segregation" and asserts that this practice is also unconstitutional. Plaintiff alleges that the prison staff level is inadequate to serve the present population level, and this inadequacy fosters lawlessness and violence. Plaintiff further alleges that he is improperly fed, that medical services are inadequate, that the law library is inadequate— thereby restricting access to the courts— and that job, school, and rehabilitation opportunities are similarly inadequate. (Compl. at 7-8.)

Plaintiff complains that on or about May 11, 2007, the Defendant's employees deprived him of access to his cell for about an hour. Plaintiff alleges he was provided inadequate notice that the cells would be locked and that the Defendant's employees abused their discretion in doing so. Plaintiff claims that this prevented him from releasing his "bodily functions" and that this was done out of retaliation by Defendant's employee "Lt. G. Smalls," who had a "beef against certain inmates. Plaintiff also complains that he was moved out of his cell because he was a non-worker, and that SCDC improperly segregates workers and non-workers. (Compl. at 8-10.)

In a seventh cause of action, Plaintiff claims that Lt. Smalls defamed him by accusing him of stealing a computer disk. Plaintiff alleges that this "greatly impaired" his character, and result, he was reduced in custody. Plaintiff further alleges that he was improperly charged with "abuse of privilege" in connection with this incident. (Compl. at 10-11.)

In a proposed amended and supplemental complaint, Plaintiff asserts that Defendant has committed "neglective duty" by allowing employee "Major Marbull" to promulgate a policy requiring non-working inmates to remain in lock-down until eight o'clock. (Am. Compl. at 1-3.)

Plaintiff alleges that all of these actions have caused him to suffer severe anxiety, emotional distress and mental anguish, that his character has been defamed, and that he is therefore entitled to monetary damages in excess of two billion dollars. (Compl. at 11-12.)

In support of his Motion for Summary Judgment, Defendant has submitted an affidavit from Mary Coleman, Chief of the Inmate Grievances Branch of SCDC. Coleman attests that on March 1, 2006, Plaintiff filed a grievance in which he complained that $23.73 had been debited from his prisoner trust account for legal copies, postage, and supplies. (Coleman Aff. ¶ 2.) Coleman attests that this grievance was denied; that Plaintiff was informed indigent inmates are provided writing materials on a monthly basis; and that if he desired additional materials, the cost of those materials would be deducted from his account. (Id. ¶ 3.) Plaintiff appealed the denial of this grievance to the South Carolina Administrative Law Court, which dismissed the appeal. (Id. ¶ 4.)

Coleman attests that Plaintiff filed another grievance on May 21, 2007, complaining that he was denied access to his cell and requesting monetary damages. (Id. ¶ 5.) Coleman attests that this grievance was denied and that Plaintiff did not appeal this decision. (Id.) Coleman further attests that Plaintiff has not filed any grievances regarding his commitment order, overcrowded conditions, lack of rehabilitation, or defamation. (Id. ¶ 6.) She attached copies of Plaintiff's inmate grievance forms to her affidavit, and Defendant provided a copy of Plaintiffs commitment order as well as copies of the SCDC policies and procedures governing inmate care, rights, and responsibilities. (See Mot. for Summ. J. Exs.)

Plaintiff has attached numerous documents to his Response in Opposition to Defendant's motion, including an affidavit relating to a state court case, an affidavit of an inmate attesting to Defendant's practice of triple-celling, copies of correspondence addressing Plaintiffs housing assignment and his request for an inmate job, some paperwork dealing with a disciplinary infraction, documents relating to questions Plaintiff had about the computation of his sentence, and a newspaper article discussing triple celling of inmates. Plaintiff has also attached copies of correspondence with prison staff concerning good time credits and money being taken out of his trust account as well as his housing assignment and access to his cell. (See Resp. in Opp'n Exs.)

STANDARD OF REVIEW

A. Magistrate Judge's R & R

This court is charged with conducting a de novo review of any portion of the Magistrate Judge's R & R to which a specific objection is registered and may accept, reject, or modify, in whole or in part, the recommendations contained in that R & R. 28 U.S.C. § 636(b) (1). After a review of the entire record, the R & R, and Plaintiffs objections, the court finds Plaintiff has highlighted a minor inaccuracy³ pertaining to the facts and the court therefore modifies the discussion of the facts. However, the Magistrate Judge has applied the correct principles of law. Accordingly, the court adopts the R & R to the extent it is consistent with this order.

B. Summary Judgment

To grant a motion for summary judgment, the court must find that "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The judge is not to weigh the evidence but rather must determine if there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). All evidence should be viewed in the light most favorable to the nonmoving party. Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir.1990). "[W]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving part...