Anthony Martin v. Susan Duffy

858 F.3d 239, 2017 WL 2366997
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 1, 2017
Docket16-6132
StatusPublished
Cited by1,089 cases

This text of 858 F.3d 239 (Anthony Martin v. Susan Duffy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony Martin v. Susan Duffy, 858 F.3d 239, 2017 WL 2366997 (4th Cir. 2017).

Opinion

*243 WYNN, Circuit Judge:

Defendant Susan Duffy (“Duffy”), a captain at Perry Correctional Institution (“Perry Cl”)—a state prison within the South Carolina Department of Corrections system—placed Plaintiff Anthony Fred Martin (“Martin”), an inmate at Perry Cl, in segregation after Martin filed a grievance against a prison sergeant contending that the sergeant inappropriately touched him during a shakedown. Alleging that his placement in segregation violated his constitutional rights to freedom from retaliation for filing a grievance, equal protection, and due process, Martin filed a pro se complaint under 42 U.S.C. § 1983 against Duffy.

The district court dismissed Martin’s complaint for failure to state a claim upon which relief may be granted. We agree that Martin failed to state claims under the Equal Protection and Due Process Clauses. But construing Martin’s complaint liberally, as we must, we conclude that Martin pleaded sufficient facts to state a claim that Duffy violated Martin’s First Amendment rights by placing him in segregation as retaliation for filing a grievance. And we further conclude that Duffy is not entitled to qualified immunity from Martin’s retaliation claim because, under this Court’s precedent, it was clearly established at the time Duffy placed Martin in segregation that retaliating against an inmate for filing a grievance violates the inmate’s rights under the First Amendment. Booker v. S.C. Dep’t of Corr., 855 F.3d 533, 546 (4th Cir. 2017). Accordingly, we reverse, in part, the district court’s dismissal of Martin’s action.

I.

A.

On September 11, 2014, Martin filed an electronic message through the prison kiosk system, alleging that a prison sergeant inappropriately touched him during a shakedown. The next day, Duffy removed Martin from the general inmate population and placed him in a holding cell in the administrative building. Martin alleged that, once in holding, Duffy “questioned [him] relentlessly about an informal resolution attempt of [his grievance alleging] inappropriate an[d] unwanted touching ‘battery’ against [the sergeant that Martin] had filed the day before.” J.A. 4. Martin also alleged that, following Duffy’s questioning, Duffy placed Martin in pre-hearing detention or “segregation” in an attempt to “maintain the integrity of [the] investigation” into Martin’s complaint against the sergeant. J.A. 10,13.

Subsequently, on November 18, 2014, Martin submitted a “Request to Staff Member” chit to Duffy complaining that “[Duffy] had no justifiable means to lock [him] away” and that “[i]f an investigation was or is being conducted, no one ha[d] spoken to [him] concerning [the] matter.” J.A. 15. In this same “Request to Staff Member” chit, Martin accused Duffy of violating South Carolina Department of Corrections procedure by reprising against him “for [his] participating in an informal resolution” of his earlier grievance. J.A. 15. A month later, Duffy responded to Martin, stating that Martin had been placed under investigation by the Division of Investigations; that he was no longer under investigation; and that he was currently on the “yard list” to return to the general population. J.A. 15.

When prison officials arranged for Martin to return to the general inmate population on December 31, 2014, 110 days after *244 his initial placement in segregation, Martin refused to reenter the general population and instead requested a transfer to another prison “as a resolution to the situation.” J.A. 5. Later that afternoon, a lieutenant filed an-incident report recounting Martin’s “refus[al] to go to the yard per classifications” and citing Martin for “[r]efusing to obey” orders. J.A. 16.

Nearly two weeks later, on January 16, 2015, Martin submitted an “Inmate Request” through the prison’s Offender Management System, reciting his interactions with Duffy, his allegation that Duffy placed him in segregation “for attempting to informally resolve an allegation of battery against [a sergeant] by way of the electronic KIOSK,” and his “attempt[ ] to informally resolve the issue” with no response. J.A. 10. In response to Martin’s “Inmate Request,” a prison official notified Martin that he was not under investigation; that officials believed his allegations had been found invalid by investigators; and that his refusal to return to the general population had resulted in a “pending charge.” J.A. 10. Consequently, on January 22, 2015, prison officials held a hearing regarding Martin’s refusal to return to the general population on December 31, 2014. Martin refused to attend the hearing. A hearing officer found Martin guilty of the charged offense and imposed various sanctions.

Approximately five months later, Martin received his requested transfer to Broad River Correctional Institution. According to Martin, during the 110 days that he remained in segregation, he never received a hearing regarding his detention, nor was he ever informed of the progress of any investigation related to the grievance that he had filed.

B.

On December 14, 2015, Martin, proceeding pro se, filed a complaint against Duffy in the United States District Court for the District of South Carolina. In his complaint, Martin alleged that Duffy’s “unequal treatment” of him was “an act of reprisal, harassment and retaliation simply because [Martin] had attempted to informally resolve a grievance [Duffy] did not like.” J.A. 6. Martin also alleged that Duffy’s placement of Martin in segregation, when other inmates who had similarly “attempted to informally resolve grievances of inappropriate an[d] unwanted touching” had not been placed in segregation, violated his right to equal protection. J.A. 6. And Martin alleged two claims sounding in denial of procedural due process: (1) that his placement in segregation caused him to generally “suffer[ ] an atypical and significant hardship” and (2) that his placement in segregation caused him to lose “good time credits for each month [he was in segregation] invalidly.” 1 J.A. 6,10.

On December 30, 2015, a magistrate judge issued a report and recommendation concluding that Martin’s complaint should be summarily dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Noting its obligation to construe liberally Martin’s pro se complaint, the magistrate judge found that Martin failed to state cognizable equal protection and due process claims under 42 U.S.C. § 1983. In particular, the magistrate judge first found that Martin failed *245 to state a due process claim because “South Carolina law confers no protected liberty interest upon ... inmates from being classified or being placed in administrative segregation.” J.A. 34. And regarding Martin’s equal protection claim, the magistrate judge found that Martin failed to state a plausible claim because he “provide[d] no factual allegations to show that [Duffy] treated [Martin] differently than any other similarly situated inmate or that his placement in segregation ... resulted from intentional or purposeful discrimination.” J.A. 35.

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Cite This Page — Counsel Stack

Bluebook (online)
858 F.3d 239, 2017 WL 2366997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-martin-v-susan-duffy-ca4-2017.