Billups v. New York State

885 F. Supp. 38, 1995 U.S. Dist. LEXIS 6599, 1995 WL 295808
CourtDistrict Court, N.D. New York
DecidedMarch 21, 1995
DocketNo. 85 Civ. 180
StatusPublished
Cited by1 cases

This text of 885 F. Supp. 38 (Billups v. New York State) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billups v. New York State, 885 F. Supp. 38, 1995 U.S. Dist. LEXIS 6599, 1995 WL 295808 (N.D.N.Y. 1995).

Opinion

ORDER AND OPINION

BAER, District Judge.

Plaintiff Billy Billups, pro se, originally initiated this civil rights lawsuit along with two other plaintiffs, Collin Fearon and Bradshaw Samuels, by complaint filed February 7, 1985. Plaintiffs brought a multitude of claims under 42 U.S.C. §§ 1981, 1982, 1983, 1985(2) and (3), 1986 and 2000d seeking declaratory, injunctive and compensatory relief from fifty-four defendants for certain alleged violations of their federal rights committed at Clinton Correctional Facility (“Clinton”) during the period 1981 through 1983.

On May 5, 1985, defendants moved to dismiss the complaint, or in the alternative, for summary judgment. By Order dated April 8, 1987, Judge Munson of the Northern District of New York, adopted the September 26, 1986 Report-Recommendation of Magistrate Conan in its entirety, and granted summary judgment as to all but ten state defendants: Eugene S. LeFevre, Superintendent of Clinton; J.W. Curran, Deputy Superintendent of Security Services; D.A. McGuire, Deputy Superintendent of Program Services; T. Howard, Vocational School Supervisor; Lee Atkinson, Vocational School Instructor; Crane R. Rock, Substitute Vocational School Instructor; P. Welch, Chairperson of the Program Committee; R. Cox, Correspondence Supervisor; and J.J. Woods and D.P. Maggy, Correctional Officers.

On November 21, 1991, the district court sent notice to plaintiffs, pursuant to Local Rule 11, that the action would be dismissed against the remaining defendants for failure to prosecute unless, within twenty-one days of receipt of the notice, the plaintiffs showed good cause why the action should be preserved. Because the court did not receive a response, it dismissed the ease by order dated January 6, 1992, with judgment entered on January 9, 1992.

Plaintiff Billups appealed, maintaining that he never received the Rule 11 notice. By summary order dated October 21, 1992, the Second Circuit reversed the dismissal as to Billups, and remanded the case to the district court so that another Local Rule 11 notice could be mailed to him. On December 7, 1992, the district court sent a notice to Bill-ups, to which he timely responded.

Two claims now remain and are the subject of this motion: (1) the defendants’ alleged improper handling of Billups’ mail; and (2) the defendants’ removal of Billups from a vocational program in alleged retaliation for his use of the law library.

Billups moves for summary judgment pursuant to Fed.R.Civ.P. 56(a). The ten remaining defendants cross-move for summary judgment.

[40]*40For the reasons that follow, Billups’ motion is DENIED, and defendants’ motion is GRANTED.

I. Facts

Billups was incarcerated at Clinton from September 1980 until March 1984. The relevant facts for purposes of Billups’ remaining claims, which are not in dispute, consist of the following two unrelated events.

Plaintiffs first claim, although stated in less than artful prose, can reasonably be read to allege that certain defendants improperly handled his legal mail and deprived him of his constitutional right to access to the courts. Billups filed a grievance on August 20, 1981, claiming that he mailed a letter to an attorney bearing the legend “privileged and confidential.” The letter was improperly addressed and subsequently returned to Bill-ups marked “undeliverable,” but only after prison officials opened and inspected it for contraband.

Superintendent LeFevre denied Billups’ grievance by Response Memorandum dated September 11, 1981, stating that incoming mail being returned to its sender was not recognized as a privileged correspondence under Directive # 4421 and, therefore, could be opened out of Billups’ presence. Had the letter been sent by a person designated as a privileged correspondent (e.g., attorney, judges, courts and commissioners, etc.), and not by Billups himself, Billups’ presence would have been required.

On October 28, 1991, the CORC upheld Superintendent LeFevre’s determination. Plaintiff appealed the denial of his grievance to the Central Office Review Committee (“CORC”), which sustained the denial.

Plaintiffs second cause of action alleges that his use of the law library resulted in retaliatory dismissal from his assignment in the vocational welding shop program. Bill-ups entered the program on January 18, 1982. According to his November 3, 1982 progress report, Billups showed interest in and a propensity for the subject. In that report, his instructor commented that Billups was one of the best students in the class. On March 22, 1983, Billups received another favorable progress report.

In his next report, dated August 22, 1983, Billups received a poor progress report and a recommendation that his incentive allowance be decreased from $1.20 to $1.10. The instructor attributed Billups’ decline in performance to his newly developed practice of going to the law library. During this period, Billups’ absentee rate grew to 50%. Because of his irregular attendance, he was removed from the class.

On September 9, 1983, Billups filed a grievance requesting that he be reassigned to the welding shop and given a pay increase. After investigating the allegations, Superintendent LeFevre denied the grievance on the ground that Billups’ attendance in the welding program was deficient.

Billups appealed LeFevre’s decision to the CORC. The CORC upheld the denial of Billups’ grievance, noting his poor attendance and the fact that a waiting list existed for enrollment in the welding shop. Billups then appealed the CORC decision to the State Commission on Correction (“SCOC”). The SCOC recommended denial of the grievance, which the Commissioner’s office accepted.

II. Standard of Review

In a motion for summary judgment, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986); Fed. R. Civ.P. 56(c). A dispute regarding a material fact is genuine “ ‘if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.) (quoting Anderson, ill U.S. at 248, 106 S. Ct. at 2510), cert. denied, — U.S. -, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992). After discovery, if the nonmoving party “has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof,” then summary judgment is appropriate. Celotex Corp. v. Catrett, ill U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

[41]*41III. Discussion

A. Interference with Legal Mail

Plaintiffs claim regarding interference with his legal mail is meritless.

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Bluebook (online)
885 F. Supp. 38, 1995 U.S. Dist. LEXIS 6599, 1995 WL 295808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billups-v-new-york-state-nynd-1995.