Woodard v. Haviland
Decision Date | 25 February 2013 |
Docket Number | No. 2:11-cv-1807 LKK JFM (PC),2:11-cv-1807 LKK JFM (PC) |
Court | U.S. District Court — Eastern District of California |
Parties | ROBERT "BOSTON" WOODARD, Plaintiff, v. JOHN W. HAVILAND, et al., Defendants. |
Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on plaintiff's complaint, filed July 8, 2011, which contains two claims. First, plaintiff claims that defendants at California State Prison in Solano, California ("CSP-Solano") retaliated against him for writing articles critical of prison officials which were published in online publications. Second, plaintiff claims that defendants at California Correctional Center in Susanville, California ("CCC-Susanville") improperly denied plaintiff possession of a typewriter and improperly intercepted and rejected incoming mail. These claims are before the court on plaintiff's motion for partial summary judgment and defendants' motion for summary judgment.
At all times relevant to this action, plaintiff was an inmate housed first at CSP-Solano and then at CCC-Susanville. Defendant Haviland was the Warden of CSP-Solano. Defendant Brown was the Associate Warden over units III and IV at CSP-Solano. Defendant Blackwell was a correctional lieutenant at CSP-Solano. Defendant Arthur was a correctional captain over unit III at CSP-Solano. Defendant Rivas was a Correctional Counselor II assigned to Unit IV at CSP-Solano. Defendant Ferguson was a correctional lieutenant at CSP-Solano. Defendant Bradley was a mailroom sergeant at CSP-Solano. Defendant Brooks was a Classification Staff Representative ("CSR") employed by the California Department of Corrections and Rehabilitation (CDCR). Defendant Barnes was the Warden at CCC-Susanville. Finally, defendant Fleshman was employed in the mailroom at CCC.
A. Facts Arising From CSP-Solano
Plaintiff has been an inmate in the CDCR since 1977. (CDCR Inmate Locator.) For over two decades, plaintiff has "written about prison life for various prison and outside print and on-line publications", including "the Fresno-based Community Alliance newspaper [(CAN)]". Pl.'s Ex. B in Support of Motion for Partial Summary Judgment2 , Declaration of Robert "Boston" Woodard in Support of Ex Parte Application for TRO, filed April 27, 2012 (Woodard Decl.), at ¶¶ 3, 5. , which has a circulation of 10,000. A number of plaintiff's articles can be found online at www.indybay.org. Id. at ¶ 5. Mike Rhodes, editor of the CAN, regularly publishes plaintiff's articles, which get Pl.'s Ex. D, Rhodes Sept. 10, 2009 Test. at 6, 8.
Plaintiff has been incarcerated at CSP-Solano since April 2006. Woodard Decl. at ¶ 1. On May 18, 2008, an article written by plaintiff entitled "Appealing the Impossible" was published online at www.indybay.org. Pl's Ex. E, Woodard Supp. Decl. in Supp. of TRO ("Woodard Supp. Decl.") at ¶ 5. In this article, plaintiff named six CSP-Solano staff members by their first initials and last names. Id.
On April 16, 2009, another article written by plaintiff entitled "Rogue Prison Staff: Breaking All The Rules" ("the article") was published online at www.indybay.org. Woodard Decl. at ¶ 12. In the article, plaintiff identified the following six CSP-Solano staff members - whom he called "rogue prison staff" - by their first initials and last names: M. Vieira, C. Ferguson, R. Ibarra, R. Coker, S. York, and M. Bradley. A complete copy of the article is attached as Exhibit C to the Woodard Declaration.
On July 9, 2009, defendant Ferguson learned about the article. Pl.'s Ex. A, Attachment 1 to Declaration of J. Haviland in Opposition to Plaintiff's Motion for Temporary Restraining Order (Haviland Decl.). After reading the article, defendant Ferguson prepared a General Chrono, which reads as follows:
Defendant Ferguson brought the article to defendant Bradley's attention. Id. On July 14, 2009, defendant Bradley prepared a General Chrono which reads as follows:
Together, defendants Ferguson and Bradley brought the article to the attention of defendant Arthur. Pl.'s Ex. G, Arthur Dep. 14:23-15:5. Defendant Ferguson also brought the article to the attention of defendant Brown. Defs.' Ex. E, Brown Dep. at 40:19-25. On July 9, 2009, defendant Blackwell signed an Administrative Segregation Unit Placement Notice ("Ad Seg Notice") providing that plaintiff would be placed in administrative segregation. Haviland Decl., Attach. 2. The notice reads:
On July 9, 2009, you, Inmate Woodard, B-88207, are being removed from Facility IV General Population pending investigation into you publishing information on the internet that identifies CSP-Solano staff members by name. Therefore, you are being removed from Facility IV General Population (GP) and placed in Administrative Segregation (Ad-Seg). Based on this information, you are deemed a threat to the Level II General Population and the safety and security of this institution. You will remain in Ad/Seg pending Administrative Review for your appropriate program and housing needs. Per CCR 3272, your Custody level is being increased to Maximum to facilitate this move.
Id. Under Part A of the Ad-Seg Notice, which sets forth four possible reasons for an inmate's placement in Ad-Seg, there are check marks next to "presents an immediate threat to the safety of self or others" and "endangers institution security." Id. It is "most likely" that defendant Arthur directed defendant Blackwell to place plaintiff in administrative segregation. Pl.'s Ex. G, Arthur Dep. 34:25-35:8. Defendants Rivas and Brown signed the Ad Seg Notice on July 10, 2009. Id. Haviland Decl., Attach. 2.
On July 10, 2009, defendant Rivas met with plaintiff to discuss plaintiff's placement in Ad-Seg. See Ex. F to Declaration of ...
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