Nolan King v. Dingle, Civ. No. 08-5922 (ADM/RLE).
| Citation | 702 F.Supp.2d 1049 |
| Decision Date | 11 March 2010 |
| Docket Number | Civ. No. 08-5922 (ADM/RLE). |
| Parties | Scott Nolan KING, Plaintiff, v. Lynn M. DINGLE, Individual and Official Capacity, Greg J. Lindell, Craig S. Oseland, Steve Hamann, and Stacy Corbo in their Individual Capacities, Defendants. |
| Court | U.S. District Court — District of Minnesota |
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Scott Nolan King, Stillwater, MN, pro se.
Kelly S. Kemp, St. Paul, MN, for Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED:
1. That the Plaintiff's Motion for Relief Stated in Complaint [Docket No. 32] is DENIED.
2. That the Defendants' Motion to Dismiss and for Summary Judgment [Docket No. 44] is GRANTED.
RAYMOND L. ERICKSON, United States Chief Magistrate Judge.
This matter came before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(B), upon the self-styled Motion of the Plaintiff Scott Nolan King (“King”) for Relief Stated in Complaint, and the Defendants' Motion to Dismiss, or for Summary Judgment. King appears pro se, and the Defendants appear by Margaret E. Jacot, Assistant Minnesota Attorney General. For reasons which follow, we recommend that the Defendants' Motion for Summary Judgment be granted, and that King's Motion for Relief State in Complaint be denied.
King is currently incarcerated at the Minnesota Correctional Facility, at Oak Park Heights (“MCF-OPH”), where he is serving a life sentence following a conviction for First Degree Murder. See, State v. King, 513 N.W.2d 245, 245 (Minn.1994); Affidavit of Lisa Rudeen, (“Rudeen Aff.”), Docket No. 52, at ¶ 2 and Exhibit A. At all relevant times, King was incarcerated at the Minnesota Correctional Facility, in Stillwater (“MCF-Stillwater”). See, Rudeen Aff. at ¶ 2.
King brings this action against Lynn Dingle (“Dingle”), who is the Warden of MCF-Stillwater, in her official and individual capacities, and against Craig Oseland (“Oseland”), Steven Hamann (“Hamann”), and Gregory Lindell (“Lindell”), in their individual capacities. At all relevant times, Oseland, Hamann, and Lindell, were employees of MCF-Stillwater. Construing King's submissions liberally, we understand him to be asserting claims, pursuant to Title 42 U.S.C. § 1983, for asserted violations of his rights under the First, Eighth, and Fourteenth Amendments. 1 In addition, King alleges claims under Title 42 U.S.C. §§ 1985(3), and 1986, for a civil rights conspiracy, and for failure to prevent a civil rights conspiracy. For relief, King seeks compensatory damages for his emotional injuries, punitive damages, and declaratory and injunctive relief pertaining to the disciplinary proceeding, including a request that we order an expungement of the pertinent incident from his prison records. The facts, as pertinent to the Motions now before us, may be briefly summarized.
The Minnesota Department of Corrections' (“DOC's”) correctional industry program is called MINNCOR, which provides a centralized organizational structure for the program. See, Affidavit of Steven Hamann, (“Hamann Aff.”), Docket No. 48, ¶¶ 1, 5. MINNCOR has a number of different shops at MCF-Stillwater. Id. at ¶ 5. In September and August of 2007, King was working in the W-Shop at MCF-Stillwater. Id. at ¶¶ 3 and 7, and Exhibit D. W-Shop has three (3) production lines on which the inmates can work. Id. at ¶ 5. On one (1) production line, workers insert cards into bags, and seal the bags while, on the other two (2) lines, workers fold balloons, insert the balloons into bags, and seal the bags. Id. The cards and balloons do not go into the same bags, but each card bag must be accompanied by a balloon bag. Id. Card stuffing takes less time, however, so there are often more finished card bags than there are balloon bags, and accordingly, the foreman will move inmates around, between the production lines, in order to accommodate production needs. Id.
In August and September of 2007, Stacy Corbo (“Corbo”), 2 who was, at that time, the Corrections Manufacturing Specialist for the W-Shop, and who was responsible for the direct supervision of the inmates who were working in the W-Shop, including King. Id. at ¶ 3, and Exhibit A. Corbo was hired by the DOC in 2001, to work as a Correctional Officer, and she began working for MINNCOR in 2005. Id. Hamann, who was the Factory Manager responsible for supervising MINNCOR's industry operations at MCF-Stillwater, avers that Corbo “directly supervised inmate workers, ensured that production ran smoothly, interviewed inmates for new employment positions, evaluated inmates, and granted raises.” Id. at ¶ 1, 3; see also, Id. at Exhibit A.
According to Hamann, MINNCOR employees must comply with nearly all of the same training requirements as DOC security staff, and they are expected to follow DOC policies. Id. at ¶ 4. DOC employees must attend academy training, prior to the commencement of their employment, which lasts about three (3) weeks, and they are required to complete additional mandatory training throughout each year of employment. Id. As pertinent here, the employees learn the rules regarding interaction with other inmates, the protection of inmates' rights, the protection of the safety and security of both inmates and staff, and the protection of data privacy. Id. at ¶ 4, and Exhibit B.
King was initially assigned to the card stuffing production line in the W-Shop. Id. at Exhibit F. Apparently, on August 31, 2007, Corbo reassigned King from the card stuffing production line to the balloon stuffing line, which King believed was a demotion. Id. at ¶ 10, and Exhibit F. Shortly thereafter, on September 5, 2007, Hamann was filling in for Corbo's supervisor, Tom Petrich, who was on vacation, when Hamann was approached by King while Hamann was making the rounds in the W-Shop. Id. at ¶ 10. King told Hamann that he had been unfairly demoted from his position, as Lead Worker for the card stuffing line. Id. Hamann discussed the situation with King, and then told King to put his complaints in writing, and send them to him. Id. The next day, on September 6, 2007, King sent Hamann a kite, which King had entitled “Grievance/Complaint.” 3 Id. at Exhibit F. Notwithstanding the title, Hamann avers that the kite was not a formal grievance, as defined by the DOC grievance procedure. Id. at ¶ 10.
In his kite, King alleged that Corbo demoted him from his Lead Worker position on the card stuffing line, because King had not informed her about workers, who had not come to work during the last week of August, which resulted in a drop in the production of cards. Id. at Exhibit F. King further alleged that his job duties did not include monitoring the attendance of his co-workers, or reporting that attendance to Corbo. Id. King, who is an African-American male, further alleges that Corbo gave his Lead Worker position to a white man, and that her decision to reassign him was racially motivated. Id. King requested reinstatement to his Lead Worker position, and a statement assuring that the incident would not affect King's eligibility for pay raises in the future. Id. Hamann avers that, when he spoke with King on September 5, 2007, King had not mentioned racial discrimination. Id. at ¶ 10.
According to Hamann, there is no formal Lead Worker position, because no inmates are allowed to supervise other inmates. Id. ¶ 7. Hamann avers that, while there is no formal position, some inmate workers become informally known as Lead Workers because they demonstrate that they are responsible, experienced workers, who the staff are able to rely upon for information about production. Id. Hamann attests that inmate workers are reviewed quarterly for raises, which are based upon seniority, performance, and the pay rates of other workers in the shop. Id. at ¶ 8. In addition, inmate pay rates fall into various categories, and there are caps on the number of inmates in a shop, who may receive wage rates within each category. Id. According to Hamann, while taking on more responsibility as a Lead Worker would increase an inmate's chances that they would receive a favorable evaluation, it does not affect the factors that are considered in granting raises. Id. at ¶ 8, and Exhibit E. Hamann avers that, as a result, Corbo's decision to move King to another production line did not result in a demotion, a change in his employment position, or a decrease in pay. Id. at ¶ 10.
After receiving King's kite, Hamann gave a copy of the kite to Corbo, and asked her to meet with him in his office in order to discuss the kite after she had reviewed it. Id. at ¶ 11. Corbo went to Hamann's office later in that same day, at which time, they discussed King's allegations. Id. Corbo denied the allegations and stated that she moved King to a different line, because more workers were needed in other production lines. Id. During that conversation, Corbo stated that she had left King's kite lying on her desk in the W-Shop office, and that the inmate worker who performed janitorial work in the W-Shop might have seen the kite through the windows. Id. at ¶ 12. In response, Hamann told Corbo that she needed to be more careful in maintaining the privacy of inmate's kites, and that she should tell inmate workers to stay at least five (5) feet away from the office so that they could not see items on her desk. 4 Id. Hamann avers that Corbo did not tell him that she had intentionally shown, or discussed, the contents of King's kite with another inmate. Id.
Following that conversation, on September 7, 2007, Hamann sent King a...
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