Williams v. Wilkinson, No. 97-CV-213.
| Decision Date | 29 November 2000 |
| Docket Number | No. 97-CV-213. |
| Citation | 122 F.Supp.2d 894 |
| Parties | Kenneth WILLIAMS, Plaintiff, v. Reginald WILKINSON, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
Jill S. Kirila, Squire Sanders & Dempsey, Columbus, OH, for plaintiff.
J. Eric Holloway, Ohio Atty. Gen., Columbus, OH, for defendants.
This matter is before the Court on the Defendants' Motion to Dismiss filed on November 6, 2000, and on Plaintiff's Motion to Rule as a Matter of Law that Defendant Wingard's Policy Violated the Plaintiff's Fourteenth Amendment Rights, filed on November 6, 2000. This matter is also before the Court on the Defendants' Renewed Motion for Reconsideration filed on November 20, 2000.
The Plaintiff, Kenneth Williams, a prisoner, has brought suit against Defendants Curtis Wingard, Morris Bays and Pat Sharpe, alleging that his right to procedural due process under the Fourteenth Amendment was violated when he was not permitted to bring witnesses before the Rules Infraction Board. For the following reasons, the Defendants' Motions are DENIED and the Plaintiff's Motion is DENIED.
On February 7, 1997, this suit was filed by Kenneth Williams, an inmate at the Madison Correctional Institute, proceeding pro se. On February 20, 1997, this Court dismissed the claims against Reginald Wilkinson, and the Plaintiff's claim brought under 42 U.S.C. § 1985.1 On March 27, 2000, the Defendants filed their Answer. On June 26, 2000, this Court granted the Plaintiff's Motion for Appointment of Counsel.
On February 13, 1996, Mr. Williams was given a conduct report stating that he had tested positive for marijuana. The Plaintiff states that he did not provide the urine specimen; rather, another inmate, Allen Williams, provided the sample. The Plaintiff was not permitted to call Allen Williams or Ms. Sharpe, the Substance Abuse Coordinator at the Madison Correctional Institute, to testify on the Plaintiff's behalf before the Rules Infraction Board ("RIB"). The RIB concluded, before allowing Allen Williams to testify, that he would not be a credible witness. The Plaintiff had to proceed to his hearing without either Allen Williams's or Ms. Sharpe's testimony and was found guilty.
On May 19, 1997, the Plaintiff moved for Summary Judgment. On August 26, 1997, this Court adopted Magistrate Judge King's Report and Recommendation denying the Plaintiff's Motion for Summary Judgment. Defendants were given until August 31, 1997 to file their dispositive motion. Following an extension, on September 15, 1997, the Defendants filed their Motion for Summary Judgment arguing that the Plaintiff's due process rights were not violated. On September 30, 1998, this Court denied the Defendants' Motion for Summary Judgment. On October 6, 1998, the Defendants filed a Motion for Reconsideration, which this Court denied on September 30, 1999.
The Defendants filed their Second Motion for Summary Judgment on June 8, 2000, arguing that they were entitled to qualified immunity as the Plaintiff's right to call witnesses was not clearly established. On July 17, 2000, the Defendants' filed a Motion to Stay Discovery and to Vacate the Trial Date. In response, the Plaintiff filed a Motion to Strike Defendants' Second Motion for Summary Judgment and Memorandum Contra Defendants' Motion to Stay Discovery and to Vacate the Trial Date. On September 11, 2000, this Court denied the Defendants' Motion for Leave to File a Second Dispositive Motion; denied the Defendants' Second Motion for Summary Judgement and denied the Defendants' Motion to Stay Discovery and to Vacate the Trial Date. The Court set this matter for trial on December 4, 2000.
This matter is now before the Court on the Defendants' Motion to Dismiss filed on November 6, 2000, and on the Plaintiff's Motion Seeking Judgment as a Matter of Law filed on November 6, 2000. It is also before the Court on the Defendants' Renewed Motion for Reconsideration filed on November 20, 2000.
The Defendants argue in their Motion to Dismiss that the Plaintiff did not exhaust his administrative remedies before filing suit, and that the Plaintiff's case contains a factual impossibility. The Plaintiff moves for Judgment as a Matter of Law against Defendant Wingard in his personal capacity.
Although neither the Defendants nor the Plaintiff specified the basis for their Motions, this Court concludes that both should have been brought under Rule 12(c), as they were filed after the pleadings had closed.2 Rule 12(c) provides:
After the pleadings are closed but within such time as not to delay the trial, a party may move for judgment on the pleadings. If, on a motion for judgement on the pleadings, matters outside of the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56....
FED.R.CIV.P. 12(c); Scheid v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 436 n. 1 (6th Cir.1988).3
As both Motions rely on matters outside the pleadings, including deposition testimony, they will be treated as motions for summary judgment under Rule 56. FED.R.CIV.P. 12(c). This Court, within its discretion, accepts the deposition testimony in reaching its decision on the parties' Motions. Carney v. Experian Info. Solutions, Inc., 57 F.Supp.2d 496 (W.D.Tenn. 1999) (citing Sage Int'l Ltd. v. Cadillac Gage Co., 556 F.Supp. 381, 384 (E.D.Mich. 1982)).
In reviewing cross-motions for summary judgment, courts should "evaluate each motion on its own merits and view all facts and inferences in the light more favorable to the non moving party." Wiley v. United States, 20 F.3d 222, 224 (6th Cir.1994). Significantly, "[t]he filing of cross-motions for summary judgment does not necessarily mean that the parties consent to resolution of the case on the existing record or that the district court is free to treat the case as if it was submitted for final resolution on a stipulated record." Taft Broad. Co. v. United States, 929 F.2d 240, 248 (6th Cir.1991) (citing John v. State of La. (Bd. of Tr. for State Colleges & Univ.), 757 F.2d 698, 705 (5th Cir.1985)).
The standard of review for cross-motions for summary judgment does not differ from the standard applied when a motion is filed by one party to the litigation. Taft Broad., 929 F.2d at 248. Summary judgment is therefore appropriate "[i]f the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c). The movant has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Barnhart v. Pickrel, Schaeffer & Ebeling Co., 12 F.3d 1382, 1388-89 (6th Cir.1993). In response, the nonmoving party must present "significant probative evidence" to show that "there is [more than] some metaphysical doubt as to the material facts." Moore v. Philip Morris Cos., 8 F.3d 335, 339-40 (6th Cir.1993). "[S]ummary judgment will not lie if the dispute is about a material fact that is `genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ().
In evaluating a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The existence of a mere scintilla of evidence in support of the non-moving party's position will be insufficient; there must be evidence on which the jury could reasonably find for the non-moving party. Anderson, 477 U.S. at 251, 106 S.Ct. 2505; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995).
The Defendants first argue in their Motion that this case should be dismissed as the Plaintiff did not exhaust his administrative remedies under the Prisoner Litigation Reform Act of 1995 ("PLRA"). The PLRA, as amended, provides:
No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
42 U.S.C. § 1997e(a).4 The amended version of the PLRA, enacted on April 26, 1996, and is to be treated prospectively. Wright v. Morris, 111 F.3d 414, 423 (6th Cir.1997). In Wyatt v. Leonard, 193 F.3d 876 (6th Cir.1999), the Sixth Circuit addressed the standard by which to evaluate a prisoner's claim that arose prior to the amended version of the PLRA, but was filed after the date of its enactment. The Wyatt court found: "Even where a complaint is filed in federal court after the effective date of the 1996 Act, the exhaustion requirement does not apply when the inmate's ability to exhaust for the event that gave rise to the action expired before enactment of the 1996 Act." Id. at 879.
In this case, the Plaintiffs claim arose on March 19, 1996, his appeal was denied on March 28, 1998; and he had fifteen days to file his final appeal, the deadline for which was April 12, 1996.5 The amended version of the PLRA was not passed until two weeks after the deadline for Mr. Williams's final appeal of the RIB decision. Pursuant to Wy...
To continue reading
Request your trial
-
Stringer v. National Football League
...outside the pleadings, neither party will be surprised or prejudiced by the conversion to a Rule 56 motion. See Williams v. Wilkinson, 122 F.Supp.2d 894, 897 (S.D.Ohio 2000); Rowe v. Marietta Corp., 955 F.Supp. 836, 837 (W.D.Tenn. 1997). Plaintiff has responded to the Riddell Defendants' mo......
-
U.S. District Court: WITNESS.
...v. Wilkinson, 122 F.Supp. 2d 894 (S.D.Ohio 2000). An inmate brought a [sections] 1983 action against correctional institution officials alleging violation of his due process right when he was not permitted to bring witnesses during his rules infraction hearing. The district court denied sum......