Andre Coleman v. Bertina Bowerman

474 F. App'x 435
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 4, 2012
Docket11-1501
StatusUnpublished
Cited by49 cases

This text of 474 F. App'x 435 (Andre Coleman v. Bertina Bowerman) 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
Andre Coleman v. Bertina Bowerman, 474 F. App'x 435 (6th Cir. 2012).

Opinion

PER CURIAM.

Andre Lee Coleman, a pro se Michigan prisoner, appeals a district court judgment granting summary judgment for the defendant.

Seeking monetary relief and a transfer to another prison facility, Coleman sued Bertina Bowerman, a prison guard employed at the Alger Maximum Correctional Facility. Coleman alleged that Bower-man: 1) discriminated against him; 2) retaliated against him; 3) opened his legal mail outside of his presence; and 4) confiscated the contents of his legal mail. Coleman stated that, in late July and early August 2007, he filed five grievances challenging his allegedly inadequate treatment. On August 3, 2007, Coleman had a grievance interview with nurse Thompson. Shortly after the interview, Bowerman made hostile remarks towards Coleman; opened his legal mail outside of his presence; and confiscated the contents of his mail. She also allegedly wrote a misconduct ticket against him for sexual misconduct. Coleman filed grievances against Bowerman challenging the alleged improper conduct. On August 11, 2007, Coleman had a grievance interview, which Bower-man attended. During the interview, Bowerman allegedly confronted Coleman in a hostile manner. Following the interview, Bowerman searched Coleman’s cell, confiscated his legal footlocker, and filed misconduct charges against him.

Bowerman filed a motion to dismiss or for summary judgment. The district court granted Bowerman’s motion as to Coleman’s discrimination and retaliation claims; denied the motion as to Coleman’s legal mail claim; and denied Coleman’s request for injunctive relief as moot because he has been transferred to a different prison facility.

Subsequently, Coleman filed a motion for the production of various documents and a motion for the appointment of counsel. A magistrate judge issued an order denying Coleman’s request for the production of documents, noting that Coleman filed the motion before submitting the request to Bowerman, and that Bowerman responded that she did not have possession of the requested documents.

After taking Coleman’s deposition, Bow-erman filed a second motion to dismiss or for summary judgment. The district court granted summary judgment to Bowerman, concluding that Coleman provided nothing more than speculation that Bowerman had opened his legal mail. The district court also denied Coleman’s motion for the appointment of counsel.

On appeal, Coleman argues that Bower-man was not entitled to summary judg *437 ment on his equal protection, retaliation, and legal mail claims. Coleman also argues that the district court improperly denied his requests for injunctive relief and for the appointment of counsel. Finally, he asserts that the district court improperly granted summary judgment to Bower-man before permitting him an opportunity to engage in limited discovery.

The district court’s judgment is reviewed de novo. Schreiber v. Moe, 596 F.3d 323, 329 (6th Cir.2010). Summary judgment is proper where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the initial burden of establishing an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the moving party has met its burden of production, the nonmoving party cannot rest on its pleadings, but must present significant probative evidence in support of the complaint to defeat the motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The district court did not err in granting summary judgment on Coleman’s equal protection claim. The Equal Protection Clause “ ‘protects against arbitrary classifications, and requires that similarly situated persons be treated equally.’ ” Jackson v. Jamrog, 411 F.3d 615, 618 (6th Cir.2005) (quoting Richland Bookmart, Inc. v. Nichols, 278 F.3d 570, 574 (6th Cir.2002)). “Nevertheless, ‘[t]o withstand Fourteenth Amendment scrutiny, [actions] that do not interfere with fundamental rights or single out suspect classifications must bear only a rational relationship to a legitimate state interest.’ ” Id. (citation omitted).

The district court did not employ an improper standard when it concluded that Coleman had failed to show that Bow-erman treated him differently than similarly-situated inmates. Coleman did not present any evidence that Bowerman treated him differently than other inmates who exercised their rights under the prison grievance system.

The district court did not err in granting summary judgment to Bowerman on Coleman’s retaliation claim. A plaintiff asserting a claim of retaliation must show that he engaged in protected conduct; that an adverse action was taken against him that would deter a person of ordinary firmness from continuing to engage in that conduct; and that the adverse action was motivated at least in part by the protected conduct. Thaddeus-X v. Blatter, 175 F.3d 378, 394 (6th Cir.1999) (en banc). Once the plaintiff has made a prima facie showing of retaliation, “the burden of production shifts to the defendant.” Id. at 399. “If the defendant can show that he would have taken the same action in the absence of the protected activity, he is entitled to prevail on summary judgment.” Id.

Coleman argues that he presented sufficient evidence to survive summary judgment because the record reflects that Bow-erman subjected him to various adverse actions within a close temporal proximity of his grievance interviews and his filing of several grievances against Bowerman. In theory, temporal proximity between the protected conduct and the adverse action, standing alone, may be significant enough to create an inference of retaliatory motive. Muhammad v. Close, 379 F.3d 413, 417-18 (6th Cir.2004). However, when other evidence of retaliatory motive is lacking, we have been reluctant to hold that temporal proximity is sufficient to establish causation. See Smith v. Campbell, 250 F.3d 1032, 1038 (6th Cir.2001).

*438 The record reflects that Coleman is a prolific grievance flier and that he submitted approximately twenty-five grievances between July and August of 2007. Moreover, the prison complied with prison policy by holding grievance interviews in connection with these filings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alford v. Pressley
S.D. Ohio, 2025
Robinson v. Nessel
W.D. Michigan, 2025
Tubbs 292944 v. Wakefield
W.D. Michigan, 2025
Blanton 204537 v. Histed
W.D. Michigan, 2024
Witham 732101 v. Piggott
W.D. Michigan, 2024
Calhoun 379175 v. Washington
W.D. Michigan, 2024
Marshall 303868 v. Brickman
W.D. Michigan, 2024
Jackson 748757 v. Bolton
W.D. Michigan, 2024
Nunnally 181375 v. Fisk
W.D. Michigan, 2024
Gresham 272603 v. Awomolo
W.D. Michigan, 2024
Stiff-Brown 587330 v. Shafer
W.D. Michigan, 2024
Woodard 650305 v. Miller
W.D. Michigan, 2024
Annabel 414234 v. Washington
W.D. Michigan, 2024
Summers 459083 v. Brown
W.D. Michigan, 2023
Smith 233282 v. Dawdy
W.D. Michigan, 2023

Cite This Page — Counsel Stack

Bluebook (online)
474 F. App'x 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andre-coleman-v-bertina-bowerman-ca6-2012.