Mitchell v. Rouse, CASE NO. 2:11-CV-1101-WHA [WO]
Decision Date | 09 February 2015 |
Docket Number | CASE NO. 2:11-CV-1101-WHA [WO] |
Court | U.S. District Court — Middle District of Alabama |
Parties | JERMAINE MITCHELL, #205893, Plaintiff, v. SCOTT ROUSE, et al., Defendants. |
This 42 U.S.C. § 1983 action is pending before the court on an amended complaint filed by Jermaine Mitchell ("Mitchell"), a paraplegic state inmate confined to a wheelchair, challenging removal of word processing functions from the computer in the law library at the Hamilton Aged and Infirmed Facility ("Hamilton"). Mitchell also alleges that this adverse action and a subsequent denial of a request for copies of state law occurred in retaliation for his filing a previous civil rights complaint and this case. In addition, Mitchell asserts that the defendants conspired against him to violate his rights. The defendants named in this case are Scott Rouse, Anne A. Hill, Bart Harmon, Katherine S. Jessip, and Al Butler, attorneys for the Alabama Department of Corrections, and Kim Thomas, Commissioner for the Alabama Department of Corrections. Mitchell seeks a declaratory judgment and injunctive relief. Amended Complaint - Doc. No. 4 at 6.
The defendants filed a special report, supplemental special report and supporting evidentiary materials addressing the plaintiff's claims for relief. Pursuant to the orders entered in this case, the court deems it appropriate to treat these reports as a motion for summary judgment. Order of April 17, 2012 - Doc. No. 22. Thus, this case is now pending on the defendants' motion for summary judgment. Upon consideration of this motion, the evidentiary materials filed in support thereof, the plaintiff's response and documents filed in support of the response, the court concludes that the defendants' motion for summary judgment is due to be granted.
"Summary judgment is appropriate 'if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine [dispute] as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Greenberg v. BellSouth Telecomm., Inc., 498 F.3d 1258, 1263 (11th Cir. 2007) (per curiam) ( ); Fed.R.Civ.P. Rule 56(a) ().1 The party moving for summary judgment "always bears the initial responsibilityof informing the district court of the basis for its motion, and identifying those portions of the [record, including pleadings, discovery materials and affidavits], which it believes demonstrate the absence of a genuine issue [-- now dispute --] of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Jeffery v. Sarasota White Sox, Inc., 64 F.3d 590, 593 (11th Cir. 1995) ( ). The movant may meet this burden by presenting evidence indicating there is no dispute of material fact or by showing that the nonmoving party has failed to present appropriate evidence in support of some element of its case on which it bears the ultimate burden of proof. Celotex, 477 U.S. at 322-324.
The defendants have met their evidentiary burden and demonstrated the absence of any genuine dispute of material fact with respect to the claims presented by the plaintiff. Based on the foregoing, the burden shifts to the plaintiff to establish, with appropriate evidence beyond the pleadings, that a genuine dispute material to his case exists. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991); Celotex, 477 U.S. at 324; Fed.R.Civ.P. 56(e)(3) (); Jeffery, 64 F.3d at 593-594 (internal quotation marks omitted) (Once the moving party meets its burden, "the non-moving party must then go beyond the pleadings, and by its own affidavits [or sworn statements], or by depositions, answers to interrogatories, and admissions on file," demonstrate that there is a genuine dispute of material fact.). This court will also consider "specific facts" pled in a plaintiff's sworn complaint when considering his opposition to summary judgment. Caldwell v. Warden, FCI Talladega, 748 F.3d 1090, 1098 (11th Cir. 2014). A genuine dispute of material fact exists when the nonmoving party produces evidence that would allow a reasonable fact-finder to return a verdict in its favor. Greenberg, 498 F.3d at 1263; Allen v. Bd. of Public Education for Bibb County, 495 F.3d 1306, 1313 (11th Cir. 2007).
Beard v. Banks, 548 U.S. 521, 530, 126 S.Ct. 2572, 2578, 165 L.Ed.2d 697 (2006) (internal citation omitted). Consequently, to survive the defendants' properly supported motion for summary judgment, Mitchell is required to produce "sufficient [favorable] evidence" which would be admissible at trial supporting his claims of constitutional violations. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986); Rule 56(e), Federal Rules of CivilProcedure. "If the evidence [on which the nonmoving party relies] is merely colorable ... or is not significantly probative ... summary judgment may be granted." Anderson, 477 U.S. at 249-250. Walker v. Darby, 911 F.2d 1573, 1576-1577 (11th Cir. 1990). Conclusory allegations based on subjective beliefs are likewise insufficient to create a genuine dispute of material fact and, therefore, do not suffice to oppose a motion for summary judgment. Holifield v. Reno, 115 F.3d 1555, 1564 n.6 (11th Cir. 1997) ( ); Harris v. Ostrout, 65 F.3d 912, 916 (11th Cir. 1995) ( ); Fullman v. Graddick, 739 F.2d 553, 557 (11th Cir. 1984) (); Evers v. General Motors Corp., 770 F.2d 984, 986 (11th Cir. 1985) (). Hence, when a plaintiff fails to set forth specific facts supported by requisite evidence sufficient to establish the existence of an element essential to his case and on which the plaintiff will bear the burden of proof attrial, summary judgment is due to be granted in favor of the moving party. Celotex, 477 U.S. at 322 (); Barnes v. Southwest Forest Industries, Inc., 814 F.2d 607, 609 (11th Cir. 1987) ( ); Chapman v. AI Transport, 229 F.3d 1012, 1023 (11th Cir. 2000) (en banc) ( ). At the summary judgment stage, this court must Strickland v. Norfolk Southern Railway Co., 692 F.3d 1151, 1154 (11th Cir. 2012).
For summary judgment purposes, only disputes involving material facts are relevant. United States v. One Piece of Real Property Located at 5800 SW 74th Avenue, Miami, Florida, 363 F.3d 1099, 1101 (11th Cir. 2004). What is material is determined by the substantive law applicable to the case. Anderson, 477 U.S. at 248; Lofton v. Secretary of the Department of Children and Family Services, 358 F.3d 804, 809 (11th Cir. 2004) (). "The mere existence of some factual dispute willnot defeat summary judgment unless that factual dispute is material to an issue affecting the outcome of the case." McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir. 2003) (citation omitted). To demonstrate a genuine dispute of material fact, the party opposing summary judgment Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). In cases where the evidence before the court which is admissible on its face or which can be reduced to admissible form indicates there is...
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