Keeler v. Pea

• Decision Date: 09 January 1992
• Docket Number: Civ. A. No. 7:90-127-20H.
• Citation: 782 F. Supp. 42
• Parties: James KEELER, Plaintiff, v. Ray A. PEA, Supervior of the Dutchman Correctional Institution, Defendant.
• Court: U.S. District Court — District of South Carolina

782 F. Supp. 42

James KEELER, Plaintiff, v. Ray A. PEA, Supervior of the Dutchman Correctional Institution, Defendant.

Civ. A. No. 7:90-127-20H.

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

January 9, 1992.

James Keeler, pro se.

Barbara Bowens, Staff Atty., South Carolina Dept. of Corrections, for defendant.

ORDER

HERLONG, District Judge.

The plaintiff, James Keeler ("Keeler"), brought suit under 42 U.S.C. § 1983, alleging that the defendant, Ray A. Pea ("Pea"), violated his constitutional rights when Pea charged Keeler with an institutional violation, possession of or attempting to obtain contraband. Keeler alleges that Pea maliciously accused him of this false charge and searched him and his cell. Although Pea did not find any contraband, he placed Keeler on "lock-up." Pea also searched Roy Davis ("Davis"), an inmate to whom Keeler supposedly passed something during the search. Although nothing was found during the search of either inmate or their cells, a green, leafy substance was found in an envelope near Davis' cell. Keeler claims that although nothing connected the envelope to him, Pea placed him on "lock-up" for several days pending resolution of these charges. Keeler further claims he was subjected to cruel and unusual punishment and severe emotional distress, because he (and his aged mother) were afraid that he would be charged with a drug violation under state law.

Pea filed an answer and motion for summary judgment on April 20, 1990, alleging that Keeler had not been deprived of his constitutional rights. Keeler filed a timely response opposing Pea's motion for summary judgment. Following review of the file, a report and recommendation was filed by the Honorable Charles W. Gambrell, United States Magistrate Judge, in which he recommended granting summary judgment to Pea on any one of several bases. Keeler then filed objections to the report and recommendation.

28 U.S.C. § 636(b)(1) provides in part:

"Within ten days after being served with a copy of a magistrate judge's recommendation, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report ... to which objection is made." (Emphasis added.)

The clear language of this section reveals that the court is required to review only those matters to which an objection is made or, if no objections are filed, the court may simply adopt the magistrate judge's report and recommendation. Camby v. Davis, 718 F.2d 198, 200 (4th Cir.1983). A litigant may forfeit the right to de novo review if he fails to file timely objections, if the objections are to strictly legal issues and no factual issues are challenged, or if the objections are general or conclusory and do not relate to a specific error in the report and recommendation. Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir.1982). "The statute 28 U.S.C. § 636(b)(1)(C) does not on its face require any review at all, by either the district court or the court of appeals, of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 472, 88 L.Ed.2d 435 (1985).

The rationale for requiring proper objections is to shift some of the court's workload from the district court judges to the magistrate judges. A litigant who objects only in vague or general terms to the magistrate judge's recommendation forces the district court judge to review the entire case fully, frustrating the purposes of the Federal Magistrates Act, 28 U.S.C. § 636, as amended in 1976.

In his objections to the report and recommendation of the magistrate judge, Keeler addressed three areas of disagreement. First, Keeler argues that Pea violated a liberty interest that he had to remain in the general population of the prison, a liberty interest established by rules and policies of the South Carolina Department of Corrections ("SCDC"). As part of this argument, Keeler also avers that he should have been taken before a SCDC supervisory official for a determination of whether he was a security risk before being placed in "lock-up." Plaintiff completely misunderstands the scope of § 1983. This statute guarantees a person's constitutional rights against violation by state actors. It does not provide any relief against prison rules violations assuming, arguendo, that such a violation occurred.

Further, Keeler does not support his contention that such a liberty interest is created by SCDC policies. He should be reminded that, having been convicted of a crime by the courts of South Carolina, he is lawfully confined in prison and may be subjected to the usual conditions and disadvantages of that confinement. See Meachum v. Fano, 427 U.S. 215, 96 S.Ct. 2532, 49 L.Ed.2d 451 (1976). The use of administrative segregation, or "lock-up," is an acceptable form of confinement or discipline, within the discretion of prison officials, absent "explicitly mandatory language" in the state law which limits the discretion of the prison officials or prohibits the use of administrative segregation. See Berrier v. Allen, 951 F.2d 622, 625 (4th Cir. Dec. 13, 1991). An inmate has no liberty interest in remaining in the general prison population because administrative segregation is "the sort of confinement that inmates should reasonably anticipate receiving at some point in their incarceration." Hewitt v. Helms, 459 U.S. 460, 468, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983). Segregation is one of the conditions of confinement typically contemplated when a person receives a prison sentence; therefore, it is neither cruel and unusual, nor is it a violation of due...