Christopher Streckenbach v. Charles Van Densen

868 F.3d 594, 2017 WL 3585074, 2017 U.S. App. LEXIS 15807
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 21, 2017
Docket16-1695
StatusPublished
Cited by12 cases

This text of 868 F.3d 594 (Christopher Streckenbach v. Charles Van Densen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher Streckenbach v. Charles Van Densen, 868 F.3d 594, 2017 WL 3585074, 2017 U.S. App. LEXIS 15807 (7th Cir. 2017).

Opinion

EASTERBROOK, Circuit Judge.

In November 2014 Christopher Streck-enbach, an inmate of Redgranite Correctional Institution in Wisconsin, left two boxes of personal property for his son to pick up. Under the prison’s policy, property on deposit had to be collected within 30 days. If that did not occur,' the prison’s staff was to ship the property to someorie the inmate had designated. But if the inmate’s account did not have enough money to cover shipping costs, the property was to be destroyéd. The policy warned ⅛ mates that they were responsible for ensuring that their accounts had énough money on the 30th day. Streckenbach’s son did not retrieve the boxes within the allotted time, and Charles VanDensen, the sergeant in charge of the niailroom, calculated a shipping cost of about $9.50, some $2 more than Streckenbach had available. VanDensen had the property destroyed. Streckenbach could have covered the shipping costs had he planned for this expense and anticipated the possibility that his son would not appear.

Streckenbach contends in this suit under 42 U.S.C. § 1983 that VanDensen violated the Due Process Clause of the Fourteenth Amendment by destroying his property without notice. He maintains that the policy, which Redgranite’s warden promulgated in 2013, had not been communicated to the prisoners. Streckenbach contends that he did not see it on the bulletin board (he asks the court to infer that, whatever he didn’t see was not there), that the prison’s library had only an older policy, and that the officer who'received his boxes failed to calculate the shipping charges and warn him that hé must maintain that amount in his account. According to Streckenbach, the older policy he read in the library provided that, if the property was not picked up within 30 days, the staff would ask the inmate how he wanted to proceed. VanDensen did not do that and, Strecken-bach contends, thereby violated the Constitution.

The district court granted summary judgment tó VanDensen,- giving- two reasons. 2016 U.S. Dist. LEXIS 36994 (E.D. Wis. Mar. 21, 2016). The first is that the complaint did- not- specify the legal theories that Streckenbach relied on to oppose the motion for summary judgment, and the second is that VanDensen has qualified immunity. Neither of those reasons suffices. Complaints need not plead law or spell out theories of liability. Johnson v. Shelby, — U.S. —, 135 S.Ct. 346, 190 L.Ed.2d 309 (2014). And immunity depends on legal uncertainty. The proposition that property owners, including inmates, are entitled to notice before them property is destroyed has been established for a long time. See, e.g., Zinermon v. Burch, 494 U.S. 113, 132, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990); Montanez v. Secretary, Pennsylvania Department of Corrections, 773 F.3d 472, 484 (3d Cir. 2014).

The problem with holding VanDen-sen liable is different: it is that he was not responsible for giving notice. The policy called for general notice by posting and specific notice by calculating shipping costs when property was delivered for pickup. We must accept Streckenbach’s.contention that both means of notice failed in his situation. But that failure cannot be blamed on VanDensen. He was not respon *597 sible for managing the bulletin board or the library, and he was not the guard who received the boxes and failed to calculate the shipping charges. All VanDensen did was carry out the policy after no one collected the boxes within 30 days. Strecken-bach does not contend that VanDensen miscalculated the shipping charges or the balance in his account. Errors occurred, to Streckenbach’s detriment, but they were not VanDensen’s errors, and he is not vicariously liable for other persons’ mistakes. See, e.g., Ashcroft, v. Iqbal, 556 U.S. 662, 675-77, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Vance v. Rumsfeld, 701 F.3d 193, 203-05 (7th Cir. 2012) (en banc).

Streckenbach maintains that Van-Densen did make one mistake: when looking over the paperwork, he should have noticed that the file lacked a shipping-cost calculation made when the boxes were received; from this absence, Streckenbach insists, VanDensen should have inferred that the guard who received the property failed to alert Streckenbach to the 2013 policy’s workings. That’s not an inevitable inference. VanDensen might have thought that the guard who received the boxes had notified Streckenbach but failed to fill out all forms'. It does not matter which inference is appropriate — or indeed whether VanDensen noticed, or should have noticed, the omission. For this aspect of Streckenbach’s argument accuses VanDen-sen of negligence, and negligent bureaucratic errors do not violate the Due Process Clause. Daniels v. Williams, 474 U.S. 327, 336, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986).

Instead, the remedy (the “process due”) for careless blunders that destroy property is litigation, under state law, to recover the property’s value. See, e.g., Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), applied by Hudson v. Palmer, 468 U.S. 517, 530-36, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), to the intentional but mistaken destruction of prisoners’ property. And that litigation need not be against the person who made the mistake, a person who might have immunity as a matter of state law even if not as a matter of federal law. See Wis. Stat. §-893.80(4) (immunity for state employees who act within the scope of their duties); but see Pries v. McMillan, 2008 WI App 167 ¶17, 314 Wis.2d 706, 760 N.W.2d 174 (no immunity for negligent performance or omission of ministerial duties). Wisconsin allows many kinds of tort claims against the state. Wis. Stat. § 893.51(1) (claims dealing with destruction of personal property), § 893.80(ld) (waiver of immunity). The state requires a claim to be filed with the Attorney General within 120 days of the loss, Wis. Stat. § .893.82(3), and Streckenbach missed that deadline, but VanDensen cannot be blamed — nor can a would-be plaintiff avoid Parratt by waiting until a state deadline has passed before filing a. federal suit. Even after missing the deadline, Strecken-bach has potential state-law remedies against the responsible persons under the theory of Pries, though not against the Department of Corrections. See Mayhugh v. Wisconsin, 2015 WI 77, 364 Wis.2d 208, 867 N.W.2d 754.

Streckenbach’s complaint included as defendants several state employees in addition to VanDensen.

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868 F.3d 594, 2017 WL 3585074, 2017 U.S. App. LEXIS 15807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-streckenbach-v-charles-van-densen-ca7-2017.