Watson v. Norris
| Decision Date | 07 December 1989 |
| Docket Number | No. 3-87-0699.,3-87-0699. |
| Citation | 729 F. Supp. 581 |
| Parties | Robert G. WATSON v. Steve NORRIS, et al. |
| Court | U.S. District Court — Middle District of Tennessee |
Susan L. Kay, Vanderbilt Legal Clinic, Vanderbilt Law School, Nashville, Tenn., for plaintiff.
Stephanie Reevers, Office of the Atty. Gen. of Tenn., Nashville, Tenn., for defendants.
This action under 42 U.S.C. § 1983 is before the Court on plaintiff's and defendants' objections to the Report and Recommendation (entered August 3, 1989; Docket Entry No. 51) of the Honorable William J. Haynes, Jr., U.S. Magistrate.
Plaintiff Robert G. Watson is a prisoner of the State of Tennessee. On September 3, 1987, he filed his complaint in the present action against the Commissioner of the Tennessee Department of Corrections, and against the warden and various officials of the Turney Industrial Center and Farm, where he was then incarcerated. After a hearing was conducted under the provisions of 28 U.S.C. § 1915(d), the U.S. Magistrate determined, and by order entered February 9, 1988, the Court agreed, that numerous portions of the complaint were frivolous. On the surviving portion of the complaint, Watson alleges that, as a matter of practice and policy, the Turney Center deprives inmates in protective segregation of their constitutionally-guaranteed right of access to the courts by unreasonably limiting their access to prison law library materials and legal assistance.1 The complaint seeks declaratory and injunctive relief as well as money damages.
Both parties moved for summary judgment — the defendants on January 17, 1989 (Docket Entry No. 40) and the plaintiff on January 18, 1989 (Docket Entry No. 45).
On August 3, 1989, the Magistrate issued his Report and Recommendation (Docket Entry No. 51), concluding that both motions for summary judgment should be denied, and the case set for a full trial. Objections to the Magistrate's Report were filed by both the defendants (August 24, 1989; Docket Entry No. 54) and the plaintiff (August 31, 1989; Docket Entry No. 57). A hearing on the objections for both sides was held before this Court on November 3, 1989.
The Federal Rules of Civil Procedure have for more than 50 years authorized motions for summary judgment upon the proper showing of the lack of a triable issue of material fact. Summary judgment is an integral part of the judicial system and is designed "to secure the just, speedy, and inexpensive determination of every action." Fed.R.Civ.P. 1.
Rule 56(c), Fed.R.Civ.P., provides for the entry of summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The Supreme Court has recently addressed the proper inquiries to be made in considering a motion for summary judgment pursuant to Rule 56(c). "The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Substantive law will identify those facts that are material, i.e., which facts are critical and which facts are irrelevant in relation to the legal elements of the claim.
After the material facts are identified, the function of the Court is to determine whether there is a genuine issue for trial. The Court is not to weigh the evidence. The inquiry performed by the Court is "whether there is the need for a trial". Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The Court must look to see if the evidence is so one-sided that one party must prevail as a matter of law. Id., 477 U.S. at 252, 106 S.Ct. at 2512.
The burden of establishing that no issue of material facts exists is on the party moving for summary judgment. This burden is composed of two elements: (1) an initial burden of production, which shifts to the nonmoving party if satisfied by the moving party, and (2) an ultimate burden of persuasion which always remains with the moving party. It is the moving party's task to negate, if it can, the claimed basis for the suit. If the moving party leaves any doubt as to the absence of a genuine issue then any doubt is resolved against the moving party. Board of Education, Cincinnati v. Dept. of HEW, Region 5, 532 F.2d 1070 (6th Cir.1976). Because the burden is on the movant, the evidence is construed in favor of the party opposing the motion and he is given the benefit of all favorable inferences that can be drawn from it. U.S. v. Articles of Device Consisting of Three Devices, "Diapulse," 527 F.2d 1008 (6th Cir.1976). Once the moving party has carried its burden, the burden shifts to the nonmoving party. The nonmoving party then has an affirmative duty to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof. Celotex, 477 U.S. 317, 322, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265, 273. Where the nonmoving party will bear the burden of proof at trial on a dispositive issue, the nonmoving party is required to go beyond the pleadings and by its own affidavits or by the depositions, answers to interrogatories, and admissions on file show that a genuine issue does exist. Id. The nonmoving party shall oppose the motion pursuant to Rule 56(c)'s evidentiary materials excluding the pleadings themselves. Affidavits are not necessary for summary judgment motions. See Fed.R.Civ.P. 56(a) and (b). If the nonmoving party carries its burden and the Court is of the opinion that there are disputed issues of fact, the usual procedure is to deny the motion for summary judgment and thereafter to determine the factual issues at trial.
Suits for violations of civil rights call for particularly close scrutiny of motions for summary judgment. E.g., Tarleton v. Meharry Medical College, 717 F.2d 1523, 1535 (6th Cir.1984); Azar v. Conley, 456 F.2d 1382, 1384, n. 1 (6th Cir.1972).
As is usual for prisons of its type, Turney Center has a published summary of Policies and Procedures. Those relating to the law library were attached as an appendix to the plaintiff's memorandum in support of summary judgment (Docket Entry No. 46). The pertinent portions are excerpted as follows:
Obviously, provision "D" is the one of greatest interest to inmates in segregation, whether voluntary or involuntary. The deposition of Mike Slaughter, the Associate Warden for Treatment at Turney Center, indicates that if such an inmate made a written request for a particular book, it would usually be delivered to him on the same day (or if another inmate were already using it, the first day of its availability). A printed catalogue summarizing the law library's holdings was available to all inmates, including those in segregation. A copy of this catalogue is attached as Appendix I.*
There are two categories of people who are supposed to give legal assistance to inmates at Turney Center: paid legal secretaries and unpaid inmates who are commonly called "writ-writers" or "jailhouse lawyers." The legal secretaries are...
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