Christopher Streckenbach v. Michael Meisner
Opinion
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604
Submitted April 22, 2019* Decided April 23, 2019
Before
DIANE P. WOOD, Chief Judge
WILLIAM J. BAUER, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 18‐3052
CHRISTOPHER S. STRECKENBACH, Appeal from the United States District Plaintiff‐Appellant, Court for the Eastern District of Wisconsin.
v. No. 17‐C‐412
MICHAEL MEISNER, et al., Lynn Adelman, Defendants‐Appellees. Judge.
O R D E R
Christopher Streckenbach, a Wisconsin inmate formerly housed at Redgranite Correctional Institution, sued several prison officials for retaliation under the First Amendment when they subjected him to a cell search and otherwise harassed him after he filed a lawsuit against a prison employee. The district court entered summary judgment for the defendants, concluding that Streckenbach did not exhaust his administrative remedies for his claims against several defendants and that he presented
* We agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 18‐3052 Page 2
insufficient evidence of constitutional violations committed by the remaining defendants. We affirm.
This is Streckenbach’s second suit against officers at Redgranite. In 2015 he sued the warden and a sergeant relating to the destruction of his personal property and lost at summary judgment; we affirmed. Streckenbach v. VanDensen, 868 F.3d 594 (7th Cir. 2017). Streckenbach traces the beginning of his difficulties with several officers to this 2015 suit.
Because Streckenbach did not respond to the defendants’ motion for summary judgment in the manner required by the local rules, the district court adopted the defendants’ proposed findings of fact, and we do the same. E.D. WIS. CIV. L.R. 56(b)(4); Salvadori v. Franklin Sch. Dist., 293 F.3d 989, 992 (7th Cir. 2002). As mentioned, Streckenbach believes that the 2015 lawsuit led to the retaliatory acts that are the subject of this suit. He describes a subsequent mailroom encounter when he allegedly was mocked by Officers Scott Kosminskas and Michael Crump (Kosminskas supposedly told Streckenbach that he heard Streckenbach was suing him and he wanted to know whether he needed to hire a good defense attorney). And two years later Kosminskas and Crump—still rankled by the 2015 lawsuit, according to Streckenbach—threatened to send him to solitary confinement after he refused to be strip‐searched. Streckenbach filed a grievance over the strip‐search incident against both officers, but the grievance was dismissed. Streckenbach did not appeal the dismissal.
Streckenbach had run‐ins with other officers as well. While the 2015 suit was pending, Officer Greg Radtke conducted a routine, monthly cell search and, according to Streckenbach, turned his room upside down. Around this same time, Sergeant Jon LaFontaine said that it was a joke for Streckenbach to think he would prevail in his lawsuit, summoned him over the loudspeaker with an announcement that “attorney Streckenbach” should go to the sergeant’s desk, rubber‐stamped “LEGAL MAIL OPEN IN PRESENCE OF INMATE” on his correspondence more times than necessary, and threatened to send him to solitary confinement for no reason. According to Streckenbach, Officer Eric Podoski—for no reason—also threatened to send him to solitary confinement, kicked his cell door on occasion, and once called him “RGCI’s biggest jailhouse snitch” in front of other inmates.
Believing that all these attacks were retaliation for his 2015 suit, Streckenbach filed multiple grievances complaining as much, and he formally asked several times to be separated from these officers. These complaints were reviewed by Security Director
No. 18‐3052 Page 3
David Tarr and Unit Supervisor Joli Grenier, who either denied the grievances or left them unresolved by the time Streckenbach filed this suit. Streckenbach in turn filed a grievance against Officer Grenier, complaining that she had taken too long to address his grievances. This grievance was dismissed, and he did not appeal it.
Streckenbach also says that he sought help from certain prison officials to intervene and curb the abuse, but no one stepped up. Among those officials whom he named were prison Warden Michael Meisner, Deputy Warden Sandra Hautamaki, Administrative Captain Andrew Wesner, Captain Chad Keller, Psychologist Supervisor Nikolaus Werner, and Institution Complaint Examiner Michelle Smith.
Streckenbach then filed this suit, bringing First Amendment retaliation claims against five defendants (LaFontaine, Podoski, Crump, Kosminskas, and Radtke) and failure‐to‐intervene claims against eight others (Meisner, Hautamaki, Tarr, Wesner, Grenier, Keller, Werner, and Smith).
The judge entered summary judgment for all defendants. He determined that Streckenbach did not exhaust his administrative remedies regarding claims against six defendants (Meisner, Hautamaki, Wesner, Keller, Werner, and Smith—whose conduct he never challenged in an inmate complaint), as well as Crump and Kosminskas (he did not appeal the dismissal of his complaint over the strip‐search incident, nor had he received a decision on one then‐pending separation request against them). As for LaFontaine, Podoski, and Radtke, the judge ruled that no jury could conclude that their allegedly retaliatory acts were serious enough to deter a reasonable person from engaging in future First Amendment activity. Lastly, regarding Streckenbach’s claim that Tarr failed to intervene to stop the defendants’ retaliatory behavior, the judge determined that their behavior was not unconstitutional, so there was no reason for Tarr to do anything about it.1
On appeal Streckenbach maintains generally that he fully exhausted his administrative remedies for all his claims. But the exhaustion requirement is strict, requiring a prisoner to complete the administrative review process in accordance with the applicable procedural rules, including deadlines. Woodford v. Ngo, 548 U.S. 81, 85 (2006); Pozo v. McCaughtry, 286 F.3d 1022, 1025 (7th Cir. 2002). As the district court properly determined, Streckenbach failed to exhaust his remedies against Meisner,
1 The judge’s order puzzlingly omitted any analysis of Streckenbach’s claim
against Unit Supervisor Joli Grenier.
No. 18‐3052 Page 4
Hautamaki, Wesner, Keller, Werner, and Smith because he did not file any inmate complaints against them challenging their failure to intervene on his behalf. WIS. ADMIN. CODE DOC § 310.01(2)(a). He also failed to exhaust his remedies against Crump, Kosminskas, and Grenier because he did not appeal the dismissals of his complaints against them. Id. §§ 310.05, 310.09.
As for Streckenbach’s First Amendment retaliation claims (which he did exhaust)
against Podoski, Radtke, and LaFontaine, he generally challenges the entry of summary judgment on grounds that the judge downplayed the seriousness of the alleged misconduct. But to survive summary judgment, he needed to provide enough evidence to allow a reasonable jury to conclude that (1) he engaged in activity protected by the First Amendment; (2) he suffered a deprivation likely to deter future protected activity; and (3) his protected activity at least partially motivated the deprivation suffered. Walker v. Groot, 867 F.3d 799, 803 (7th Cir. 2017).
Free access — add to your briefcase to read the full text and ask questions with AI
Christopher Streckenbach v. Michael Meisner (Christopher Streckenbach v. Michael Meisner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.