Scott v. Kelly

• Citation: 107 F.Supp.2d 706
• Decision Date: 31 July 2000
• Docket Number: No. CIV.A. 00-272-AM.,CIV.A. 00-272-AM.
• Parties: Steven Lamont Joel SCOTT, Plaintiff, v. Loretta K. KELLY, et al., Defendants.
• Court: U.S. District Court — Eastern District of Virginia

107 F.Supp.2d 706

Steven Lamont Joel SCOTT, Plaintiff, v. Loretta K. KELLY, et al., Defendants.

No. CIV.A. 00-272-AM.

United States District Court, E.D. Virginia, Alexandria Division.

July 31, 2000.

Steven Lamont Joel Scott, Capron, VA, for Plaintiff.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff Steven Lamont Joel Scott, a Virginia inmate proceeding pro se, filed this action under 42 U.S.C. § 1983 alleging that his constitutional rights were violated at Deep Meadow Correctional Center (DMCC). Scott's original complaint named ten defendants¹ and alleged violations that included denial of access to the courts and denial of due process through improper termination from employment, improper administrative discipline, and an improper transfer. By Order dated March 20, 2000, several defendants and claims were dismissed and Scott was instructed to amend his complaint to state with clarity and specificity his injury from the alleged denial of access to the courts. In response, Scott filed a document entitled "First Amended Complaint," which was appropriately construed as a series of motions. After resolution of these motions, by Order dated May 9, 2000, Scott was again directed to amend his complaint of denial of access to the courts.

On June 12, 2000, Scott filed another document entitled "First Amended Complaint." In this amended complaint, Scott names twenty-one defendants² and alleges six counts of constitutional violations.³

A review of the amended complaint compels the conclusion that Scott has failed to allege sufficient facts to establish a claim of denial of access to the courts. Therefore, this claim must be dismissed under 28 U.S.C. § 1915A.⁴ In addition, several of the claims presented in the amended complaint were previously dismissed by the March 20, 2000 Order. Therefore, these claims will not be reviewed again and must remain dismissed. Scott also raises a claim of discrimination under the Americans with Disabilities Act (ADA). Because he has not alleged sufficient facts to support this claim, it must also be dismissed. Finally, Scott has included new allegations against different defendants at a different prison. Because the addition of these new claims exceeds the scope of the March 20, 2000 Order and frustrates the purpose and policy in 28 U.S.C. § 1915A, they must be dismissed without prejudice. Scott may reassert these claims in a separate cause of action.

I.

In reviewing complaints pursuant to § 1915A, courts should dismiss prisoner complaints that are frivolous, malicious or fail to state a claim upon which relief can be granted. 28 U.S.C. § 1915A(b)(1). Frivolous complaints are those that are based on "inarguable legal conclusion[s]" or "fanciful factual allegation[s]." Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (examining identical language of predecessor statute to § 1915A). Whether a complaint states a claim upon which relief can be granted is determined by "the familiar standard for a motion to dismiss under Fed.R.Civ.P. 12(b)(6)." Sumner v. Tucker, 9 F.Supp.2d 641, 642 (E.D.Va.1998). Thus, the alleged facts are presumed true, and the complaint should be dismissed only when "it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984).

II.

Count I

In Count I of his amended complaint, Scott alleges that he has been denied access to the courts because he was not permitted to photocopy legal documents. In this regard, Scott states that in the course of pursuing a petition for state habeas corpus in December 1999 he attempted to file a motion opposing Assistant Attorney General Theisen's request for an extension of time. He states that Woodson, Moore, Milling, and V. Jones refused to make copies and that Woodson closed the law library between January 1 and January 4, 2000 to prevent him from using the typewriters to create duplicates. He claims this constitutes denial of access to the courts because he was hindered from filing a motion by the deadline of January 7, 2000. Yet, Scott also indicates later in his complaint that he received the requested copies on January 5, 2000. (Pl.'s Am. Compl., at 7, ¶ 25.) Moreover, he has attached copies of orders from the Supreme Court of Virginia which indicate that he timely filed two motions, including the motion opposing the extension of time. (Pl.'s Am. Compl., Ex. 18.)

The Supreme Court has stated that prisoners must be allowed access to the courts that is "adequate, effective and meaningful." Bounds v. Smith, 430 U.S. 817, 822, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977) (holding that prisons must give inmates access to law libraries or direct legal assistance). However, "inmates do not have unlimited rights to photocopies or photocopying machines." Lyons v. Clark, 694 F.Supp. 184, 188 (E.D.Va.1988), aff'd, 887 F.2d 1080 (4th Cir.1989); see also Johnson v. Moore, 948 F.2d 517, 521 (9th Cir.1991) ("A denial of free photocopying does not amount to a denial of access to the courts."). To state a claim, therefore, a prisoner must show that his access to the courts was effectively impeded by the denial, not just that the denial was unreasonable. See Walker v. Mintzes, 771 F.2d 920, 932 (6th Cir.1985); Jones v. Franzen, 697 F.2d 801, 803 (7th Cir.1983) (holding that if denial of access "is unreasonable but not impeding [plaintiff] has not made out a prima facie case of violation of his constitutional rights.").

Scott does not specifically allege how his habeas corpus proceeding was impeded. The documents he has attached indicate that his materials were timely filed and were considered by the Supreme Court of Virginia. Although his opposition to the extension of time for respondent was rejected, Scott has not alleged this rejection was in any way related to the denial of photocopies.⁵ Thus, Scott has not sufficiently alleged that the delay in photocopies impeded his habeas proceeding and therefore his claim of denial of access to the courts fails.

Scott also claims in Count I that the refusal to provide photocopies was in retaliation for complaints he has filed with the Federal Bureau of Investigation and the United States Department of Justice concerning unconstitutional errors in his trial. It is true that prison officials may not retaliate against an inmate for exercising a constitutional right.⁶ But to succeed on this claim, plaintiff must first allege that "the retaliatory act was taken in response to the exercise of a constitutionally protected right...." Adams v. Rice, 40 F.3d 72, 75 (4th Cir.1994), cert. denied, 514 U.S. 1022, 115 S.Ct. 1371, 131 L.Ed.2d 227 (1995). Thereafter, plaintiff must demonstrate that he suffered some adverse impact or actual injury.⁷ In addition, plaintiff must come forward with specific evidence "establish[ing] that but for the retaliatory motive the complained of incident[s] ... would not have occurred."⁸

Scott claims that this retaliation was in response to his exercise of his right of access to the courts or his right to petition the government for redress. Yet, he has alleged no facts to show that he suffered any adverse impact. As discussed above, he has not alleged that he was harmed from the delay in receiving the photocopies. To the contrary, it appears he was able to file timely motions in his state habeas proceedings. Therefore, because he was not injured, he has not stated a claim of retaliation.

Finally, Scott claims in Count I that he was denied access to grievances. In this regard, he states that though he filed grievances, these grievances were either disregarded or the underlying issues were determined nongrievable. He also alleges that Moore interfered with his right to grieve by persuading him to withdraw a grievance and taking his receipt, thereby depriving him of any record that the grievance was filed.

Scott's claim here must also fail because state inmates have "no entitlement to grievance procedures or access to any such procedure voluntarily established by a state." Adams v. Rice, 40 F.3d 72, 75 (4th Cir.1994), cert. denied, 514 U.S. 1022, 115 S.Ct. 1371, 131 L.Ed.2d 227 (1995); Mitchell v. Murray, 856 F.Supp. 289, 294 (E.D.Va.1994). It is also settled that "[w]hen the claim underlying the administrative grievance involves a constitutional right, the prisoner's right to petition the government for redress is the right of access to the courts, which is not compromised by the prison's refusal to entertain his grievance." Flick v. Alba, 932 F.2d 728, 729 (8th Cir.1991); see also Adams, 40 F.3d at 75. Thus, if plaintiff believes that defendants' failure to respond to grievances has resulted in injury to plaintiff's constitutionally protected interests, plaintiff may file a claim under 42 U.S.C. § 1983 to redress that particular injury.

Because Scott has not sufficiently alleged his claims of denial of access to the courts, retaliation, or denial of access to grievances, Count I must be dismissed pursuant to 28 U.S.C. § 1915A.

Counts II and III

In Counts II and III, Scott alleges a series of due process violations, including improper termination from his job in the prison law library, improper administrative discipline for threatening Officer V. Jones, and a wrongful transfer from DMCC to PRCC. Scott also claims that he was denied access to grievances concerning these events.

Scott raised identical allegations in his original complaint, which were dismissed as legally insufficient under 28 U.S.C. § 1915A(b)(1) by the March 20, 2000 Order. Therefore, these claims will not be reconsidered and they remain dismissed.⁹

Count IV

In Count IV, Scott alleges that he belongs to the class of individuals who have "developmental disabilities." He states that the allegations in Counts I, II, and III constitute discrimination for filing a complaint with the Department of Justice in violation of the Americans with...