Proctor v. Applegate
| Decision Date | 30 September 2009 |
| Docket Number | Case No. 07-12414. |
| Citation | 661 F.Supp.2d 743 |
| Parties | Fred Cortland PROCTOR, et al., Plaintiffs, v. L. APPLEGATE, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Fred Proctor, Coldwater, MI, pro se.
Perry Alva Hurd, Jr., Manitou Beach, MI, pro se.
Gilbert Jividen, Muskegon Heights, MI, pro se.
Jason Petersen, Coldwater, MI, pro se.
Daniel Chandler, Ionia, MI, pro se.
Clifton B. Schneider, Michigan Dept. of Attorney General, Lansing, MI, for Defendants.
Darryl Goss, Coldwater, MI, pro se.
Before the Court are Plaintiffs' Objections to Magistrate Judge Michael Hluchaniuk's Amended Report and Recommendation granting in part and denying in part Defendants' motions to dismiss and severing claims based on misjoinder. (Dkt. 198.) Defendants filed responses on July 15, 2009. Defendants filed a response to Plaintiffs' objections. (Dkt. 199.) This Court now reviews the Amended Report and Recommendation, the Objections, the Response and pertinent parts of the record de novo pursuant to 28 U.S.C. § 636(b).
This Court finds that the Magistrate Judge has accurately and succinctly set forth the complicated procedural history and facts of this action and therefore the Court shall adopt by reference those portions of the Amended Report and Recommendation. (Dkt. 193, 1-5.)
Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a case where the complaint fails to state a claim upon which relief can be granted. When reviewing a motion to dismiss under Rule 12(b)(6), a court must "construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff." DirecTV, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir.2007). But the court "need not accept as true legal conclusions or unwarranted factual inferences." Id. (quoting Gregory v. Shelby County, 220 F.3d 433, 446 (6th Cir.2000)). "[L]egal conclusions masquerading as factual allegations will not suffice." Eidson v. State of Tenn. Dep't of Children's Servs., 510 F.3d 631, 634 (6th Cir.2007).
To survive a motion to dismiss, the "[f]actual allegations contained in [the] complaint must `raise a right to relief above the speculative level.'" Bassett v. Nat'l Coll. Athletic Ass'n, 528 F.3d 426, 430 (6th Cir.2008) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007)). This "does not `require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 127 S.Ct. at 1974). A plaintiff's factual allegations, while "assumed to be true, must do more than create speculation or suspicion of a legally cognizable cause of action; they must show entitlement to relief." LULAC v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007) (citing Twombly, 127 S.Ct. at 1965). Thus, "[t]o state a valid claim, a complaint must contain either direct or inferential allegations respecting all the material elements to sustain recovery under some viable legal theory." Bredesen, 500 F.3d at 527 (citing Twombly, 127 S.Ct. at 1969).
Plaintiffs do not object to those portions of the Magistrate's Amended Report and Recommendation denying Defendants' motions to dismiss claims based upon the statute of limitations and qualified immunity. This Court therefore adopts those portions of the Amended Report and Recommendation. (Dkt. 193, 7-11.) Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's conclusion that their claims for injunctive and declaratory relief should be dismissed. The Court finds that this objection is without merit. Because the plaintiffs are not incarcerated where their claims arose, and because injunctive relief is an inappropriate form of relief for Plaintiffs' claims of past violations, Plaintiffs' objection is denied. See Copenhaver v. James, 2008 WL 162547, No. 06-11111 at *3 (E.D.Mich. Jan. 17, 2008), citing, Washington v. James, 782 F.2d 1134, 1137 (2d Cir.1986) (); Kime v. Jones, 2007 WL 586793, No. 4:06-CV-28 at *3 (W.D.Mich. February 21, 2007) citing Mowatt v. Brown, 902 F.2d 34, 1990 WL 59896 (6th Cir.1990). Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's finding that the hearing officers were entitled to absolute immunity. The Court finds that this objection is without merit and agrees with the Magistrate Judge that the hearing officers were acting in their official roles and are protected by absolute immunity. See Shelly v. Johnson, 849 F.2d 228 (6th Cir.1988) (per curiam). Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's finding of no personal involvement with respect to paragraphs 215, 321, 242 and 244 of the Complaint. This Court denies this objection and agrees with the Magistrate Judge that these paragraphs do not allege the requisite personal involvement. Gregory v. City of Louisville, 444 F.3d 725, 751 (6th Cir.2006); Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir.1999). Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's finding that Plaintiffs' claims that their grievances were improperly investigated failed to state a claim. This Court denies the objection and agrees with the Magistrate Judge that a prison official's failure to respond to a prisoner's letter or grievance does not state a constitutional claim. A prisoner does not have a constitutionally-protected liberty interest in an inmate grievance procedure. See e.g., Lee v. Mich. Parole Bd., 104 Fed. Appx. 490, 493 (6th Cir.2004) (); Dunn v. Martin, 178 Fed.Appx. 876, 878 (11th Cir.2006); Adams v. Rice, 40 F.3d 72, 75 (4th Cir.1994) (). This Court agrees with the Magistrate Judge that to the extent that Plaintiffs' claims merely allege a failure on the part of prison officials to adequately respond to letters or complaints about how a grievance procedure was conducted, they fail to state a claim. Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's finding that the prison regulations which permitted the confiscation of certain types of mail and prohibited "copyrighting" of names did not violate Plaintiffs' constitutional rights. This Court denies the objection and agrees with the Magistrate Judge that the challenged regulations serve a legitimate and neutral government purpose and survive Plaintiffs' constitutional challenge. "Moreover, because the problems of prisons in America are complex and intractable, and because courts are particularly ill equipped to deal with these problems ... we generally have deferred to the judgments of prison officials in upholding these regulations against constitutional challenge." See Shaw v. Murphy, 532 U.S. 223, 229, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001) (internal citation and quotation marks omitted). Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's conclusion that their claims regarding access to the courts fail to state a constitutional deprivation. This Court denies the objection and agrees with the Magistrate Judge that Plaintiffs have failed to allege or show that they were adversely affected as a result of the claimed denial. See Johns v. Mich. Dep't Correc., 2008 WL 4712360, No. 1:07-CV-95 at *5 (W.D.Mich. February 21, 2008), citing, Vandiver v. Niemi, 1994 WL 677685, No. 94-1642 at *1 (6th Cir. Dec. 2, 1994) (an inmate must make a specific claim that he was adversely affected or that the litigation was prejudiced). Refer to the attached "Box Score" for the specific paragraphs of Plaintiffs' Complaint affected.
Plaintiffs object to the Magistrate Judge's conclusion that paragraphs 272 and 275 of the Complaint are conclusory and fail to allege facts sufficient to establish causation. This Court denies the objection and agrees with the Magistrate Judge that these paragraphs fail to state a claim because they are conclusory. See Kensu v. Haigh, 87 F.3d 172, 175 (6th Cir.1996); Mulazim v. Corrigan, 7 Fed. Appx. 427 (6th Cir.2001) (). Refer to the attached "Box Score" for the...
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