Bobby E. Wilson, Jr. v. Tameka Edwards

202 So. 3d 275, 2016 Miss. App. LEXIS 561
CourtCourt of Appeals of Mississippi
DecidedAugust 30, 2016
DocketNO. 2015-CP-00033-COA
StatusPublished

This text of 202 So. 3d 275 (Bobby E. Wilson, Jr. v. Tameka Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobby E. Wilson, Jr. v. Tameka Edwards, 202 So. 3d 275, 2016 Miss. App. LEXIS 561 (Mich. Ct. App. 2016).

Opinion

JAMES, J.,

FOR THE COURT:

¶ 1. Bobby Wilson Jr. appeals from the Sunflower County Circuit Court’s dismissal of his complaint filed under title 42, section 1983 of the United States Code (2012) against Mississippi Department of Corrections (MDOC) Officers Tameka Edwards, Tommy Foster, and Sylvia-Roy (collectively “Defendants”) in their individual capacities. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶'2. Wilson has' been an inmate in the custody of the MDOC since 2004 after he was convicted of robbery and sentenced to life imprisonment as a habitual offender.

¶ 3. On July 9, 2014, Wilson filed a section 1983 complaint seeking a declaratory judgment as well as compensatory and punitive damages against the Defendants. Wilson’s complaint alleged that the Defendants retaliated against him for exercising his First Amendment right to freedom of speech.

¶ 4. Wilson’s complaint asserted that on March 25, 2014, he requested Officer Edwards to open his cell door so' he could use the restroom during daily two-hour day-room activities. Officer Edwards refused and told him that the cell doors were only permitted to be opened every thirty minutes. Wilson argued to Officer Edwards that the doors had not been opened in over an hour and that he would be filing a grievance against her with MDOC.

¶ 5. Wilson also claimed that around 10 p.m. that night, he placed a grievance against Officer Edwards in the mail. The grievance requested an investigation of disciplinary sanctions against Officer Edwards for her refusal to open his cell door. Wilson asserted that the next morning, on March 26, 2014, he received á Rule Violation Report (RVR) written by Officer Edwards. The RVR cited Wilson for making threatening and intimidating statements to Officer Edwards after she refused to open his cell door.

¶,6. Sometime later when regular mail was being circulated, Wilson’s grievance was returned to him with a notice. The *278 notice advised Wilson that his grievance was improperly mailed, and instructed him to submit it in the “Administrative Remedy Program Black Box.” On March 29, 2014, Wilson properly submitted his grievance as instructed. On April 11, 2014, MDOC staff alerted Wilson that , his grievance was accepted.

¶7. On April 23, 2014, a disciplinary hearing was held before Lieutenant Roy on Wilson’s RVR. Wilson argued that Officer Edwards issued an RVR because he told her he would file a grievance against her. Lieutenant Roy found Wilson guilty of violating prison rules and sanctioned him with a loss of thirty days of phone privileges. Wilson appealed the decision. On May 15, 2014, Warden Ron King issued a First Step Response to Wilson granting his RVR appeal. 1

¶ 8. On July 21, 2014, Lieutenant Foster issued a First Step Response .to Wilson’s grievance against Officer Edwards. Lieutenant Foster stated that he had spoken with Officer Edwards regarding the cell-door incident. Lieutenant Foster determined that Officer Edwards had acted in a professional manner and complied with the prison regulation that cell doors would be opened only every thirty minutes. On July 27, 2014, Wilson appealed Lieutenant Foster’s decision.

¶ 9. On September 15, 2014, Wilson filed an amended. section 1983 complaint in the circuit court. The complaint alleged: “[Officer] Edwards retaliated against [Wilson] when [he] exercised his First Amendment Right to Freedom of Speech or, alternatively when [he] filed a grievance with the Administrative Remedy Program after [he] informed her that [he] would file a grievance against her.” Wilson also claimed that Officer Edwards filed a false RVR against him.

¶ 10. On March 4, 2015, the trial court entered an order on the Defendants’ motion to dismiss Wilson’s section 1983 complaint. The trial court considered the Defendants’ motion as a request to dismiss Wilson’s complaint for failure to state a claim under Mississippi Rule of Civil Procedure 12(b)(6).

¶ 11. The trial court held: ‘Wilson’s verbal challenge of Officer Edward[s]’s authority to enforce prison regulations, i.e., opening the cell doors every thirty minutes, [was] not a constitutionally protected right under the First Amendment.” The trial court also held: Wilson’s threatened grievance based solely on Officer Edward[s]’s refusal to open the cell doors when he requested was frivolous and is insufficient to support a claim for retaliation under [section] 1983.” The trial court concluded that Wilson’s complaint failed to state a claim upon which relief could be granted and dismissed his complaint.

¶ 12. Wilson appeals arguing that the trial court erred by dismissing his section 1983 complaint. Finding no error, we affirm.

STANDARD OF REVIEW

¶ 13. The trial court is required to give a liberal construction to pro se section 1983 complaints, and we review a trial court’s conclusion that a complaint is frivolous for abuse of discretion. Duncan v. *279 Johnson, 14 So.3d 760, 763 (¶ 4) (Miss.Ct.App.2009). However, "[t]he power to dismiss a frivolous complaint is distinct from a trial court’s authority to dismiss for failure to state a claim under Rule 12(b)(6).” Id. A trial court has the authority to dismiss a claim based on an indisputably mer-itless legal theory, as well as the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Id.

DISCUSSION

¶ 14. “Mississippi courts exercise concurrent jurisdiction with our federal counterparts over section 1983 claims, but the elements of and the defenses to the cause of action are defined by federal law.” Id. at 762 (¶ 3). “To state a valid claim for retaliation under section 1983, a prisoner must allege (1) a specific constitutional right, (2) the defendant’s intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation,” Bibbs v. Early, 541 F.3d 267, 270 (5th Cir.2008).

¶ 15. “A prison official may not retaliate against or harass [a prisoner] for complaining through proper channels about a guard’s misconduct.” Morris v. Powell, 449 F.3d 682, 684 (5th Cir.2006). However, “courts must take a skeptical view of retaliation claims to avoid meddling in every act of discipline imposed by prison officials.” Lee v. King, No. 1:13—CV-566-KS-MTP, 2015 WL 5554256, at *8 (S.D.Miss. Sept. 21, 2015) (citing Morris, 449 F.3d at 684). As such, a “significant burden” is placed on the prisoner. Woods v. Smith, 60 F.3d 1161, 1166 (5th Cir.1995) (“To assure that prisoners do not inappropriately insulate themselves from disciplinary actions by drawing the shield of retaliation around them, trial courts must carefully scrutinize [retaliation] claims.”).

¶ 16.

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Related

Freeman v. Texas Department of Criminal Justice
369 F.3d 854 (Fifth Circuit, 2004)
Lann v. Cockrell
173 F. App'x 319 (Fifth Circuit, 2006)
Morris v. Powell
449 F.3d 682 (Fifth Circuit, 2006)
Bibbs v. Early
541 F.3d 267 (Fifth Circuit, 2008)
Claude E. Woods v. Larry Smith
60 F.3d 1161 (Fifth Circuit, 1995)
Burris v. Davis
642 F. Supp. 2d 573 (S.D. Mississippi, 2009)

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Bluebook (online)
202 So. 3d 275, 2016 Miss. App. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-e-wilson-jr-v-tameka-edwards-missctapp-2016.