Amira Salem v. Millicent Warren

609 F. App'x 281
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 23, 2015
Docket14-1974
StatusUnpublished
Cited by3 cases

This text of 609 F. App'x 281 (Amira Salem v. Millicent Warren) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amira Salem v. Millicent Warren, 609 F. App'x 281 (6th Cir. 2015).

Opinion

*282 OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Amira Salem, a state prisoner, sued several prison staff, including the warden, for allegedly opening or delaying her mail in violation of Michigan Department of Corrections policy and her constitutional rights. The district court dismissed her claims upon a motion for summary judgment. We agree with the district court that Salem has not produced evidence supporting the individual liability of the defendants, and we therefore affirm.

I.

Since 2005, Salem has been serving time at the Women’s Huron Valley Correctional Facility (“WHV”) in Ypsilanti, Michigan. Normally, when an inmate receives mail at WHV, the mailroom staff feed the letter through an automatic opening machine and check the contents for contraband. The letter is then passed on to the inmate. But throughout Salem’s time in WHV a Department of Corrections policy directive allowed inmates to request “special handling” of their incoming legal mail, which she did in August of 2005. The record does not make clear what “special handling” fully entailed from 2005 onwards, but both parties agree that it included an inmate’s right to be present when prison staff opened legal correspondence. 1

On May 13, 2010, Salem filed suit in federal district court under 42 U.S.C. § 1983, alleging that WHV staff violated her rights under the First and Fourteenth Amendments. In her first count, Salem claimed that prison employees improperly opened her legal mail when she was not present, despite her written request for special handling, and she recited particular incidents of opened letters dating back to 2007. In her second count, she alleged that WHV staff denied her access to court by delaying receipt of her legal mail, again citing several putative violations beginning in at least 2008. As to both counts, Salem sought injunctive, declaratory, and monetary relief against two groups of defendants in both their official and individual capacities. The first group, which we refer to as the “supervisory defendants,” included the warden, Millicent Warren, a former mailroom supervisor, Cindy Green-leaf, and the then-supervisor of the mail-room, Dean Batkins. The second group, the “staff defendants,” included Sandy Samuels, Mary Randall, Joanne Colter, and Mike Andrews, all of whom worked in the WHV mailroom.

The defendants answered collectively, and discovery proceeded for two years under the direction of a magistrate judge, after which Salem moved for summary judgment on liability The magistrate recommended denying her motion, and the district court adopted that recommendation after Salem failed to object. • The court then set a trial date of February 4, 2014. But at the end of January of that *283 year the parties agreed to delay trial, apparently at the court’s urging. Immediately thereafter the defendants moved for leave to file a motion for summary judgment, and, after Salem did not respond, the district court granted that motion. The defendants then moved for summary judgment on both the opened mail and delayed mail claims.

The district court ruled for the defendants on all issues and dismissed the case. It first disposed of all official capacity claims as barred by sovereign immunity. As to both individual capacity claims against the supervisor defendants, the district court found no evidence suggesting anything beyond vicarious liability. As to the mail-opening claim against the staff defendants, the district court found no evidence that the four employees named as defendants were in any way responsible for opening her mail. And as to the delayed-mail claim against the staff defendants, the court found nothing in the record to support Salem’s claim that the delays prejudiced any litigation in which she was involved.

Salem timely appealed. Before this court, she contests only the grant of summary judgment to the defendants and only as to the claims for damages against the defendants in their individual capacities.

II.

We review the grant of summary judgment de novo. Sutherland v. DCC Litig. Facility, Inc. (In re Dow Corning Corp.), 778 F.3d 545, 548 (6th Cir.2015). We will affirm only if the record shows no genuine dispute over any material fact and that the non-moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). We must grant Salem all favorable inferences reasonably supported by the record. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). But, once the defendants moved for summary judgment, it became her burden to produce evidence on each essential element of her claims. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). And she must produce enough evidence to allow a reasonable jury to find in her favor by a preponderance of the evidence. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III.

The Supreme Court has long blessed the practice of opening an inmate’s legal mail, in her presence, so -that prison officials may ensure the letter does not contain contraband. Wolff v. McDonnell, 418 U.S. 539, 576-77, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). But we have repeatedly required that prison officials carry out these policies in a “uniform and evenly applied” — and not “arbitrary or capricious” — manner. Lavado v. Keohane, 992 F.2d 601, 607, 609-10 (6th Cir.1993). Even opening a handful of privileged letters, we have said, violates an inmate’s clearly established constitutional right under the First Amendment. Merriweather v. Zamora, 569 F.3d 307, 317 (6th Cir.2009) (citing Sallier v. Brooks, 343 F.3d 868, 879-80 (6th Cir.2003); Lavado, 992 F.2d at 609). And we have also suggested that hindering the timely sending and receiving of an inmate’s legal mail may also violate her right of access to courts under the Fourteenth Amendment, though we have had fewer opportunities to sketch the full contours of that right. See Boswell v. Mayer, 169 F.3d 384, 387-88 (6th Cir.1999) (citing Lewis v. Casey, 518 U.S.

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Bluebook (online)
609 F. App'x 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amira-salem-v-millicent-warren-ca6-2015.