Craig Childress v. Roger Walker, Jr.

787 F.3d 433, 91 Fed. R. Serv. 3d 1284, 2015 U.S. App. LEXIS 8425, 2015 WL 2408070
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 21, 2015
Docket14-1204
StatusPublished
Cited by158 cases

This text of 787 F.3d 433 (Craig Childress v. Roger Walker, Jr.) 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
Craig Childress v. Roger Walker, Jr., 787 F.3d 433, 91 Fed. R. Serv. 3d 1284, 2015 U.S. App. LEXIS 8425, 2015 WL 2408070 (7th Cir. 2015).

Opinion

RIPPLE, Circuit Judge.

Craig Childress brought this action under 42 U.S.C. § 1983 against numerous administrators and individuals affiliated with the Big Muddy River Correctional Center (“BMRCC”) in Ina, Illinois. He alleged that those individuals had violated his rights under the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment. Specifically, he claimed that, upon completion of a prison-sponsored reentry program, the program instructor delivered a computer disk containing Mr. Childress’s resume to the property officer, who in turn placed it in Mr. Childress’s property box.

*436 Mr. Childress later was discharged on mandatory supervised release (“MSR”); one of the terms of his release was that he could not possess any computer-related material. Following his release, a routine inspection of his living quarters revealed the envelope containing the computer disk, and his release was revoked.

After serving his extended sentence, Mr. Childress, acting pro se, filed this action. The district court, on initial review under the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915A, dismissed the suit. On reconsideration, the court determined that Mr. Childress was not a prisoner within the meaning of the PLRA but that his action nevertheless should be dismissed on in forma pauperis review pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

The district court’s dismissal of Mr. Childress’s complaint was premature. His complaint set forth sufficient facts to proceed against at least one of the defendants. Moreover, he should have been granted the opportunity to amend his complaint to cure any deficiencies in the remainder of his claims. Finally, the district court failed to consider adequately Mr. Chil-dress’s request to recruit counsel. For these reasons, we reverse the court’s judgment and remand the case for further proceedings.

I

BACKGROUND 1

A.

While Mr. Childress was serving a sentence at BMRCC for attempted aggravated sexual assault, he participated in a Lifestyle Redirection Program. The three-week program is intended to assist inmates with reentry into the community and with finding employment. Defendant Danalyn Wilson is the program instructor. It is the “policy, practice, and procedure” of the program to provide each participant with a hardcopy of the participant’s resume and cover letter and to forward a computer disk with those materials to the BMRCC property room. 2 This practice is known to BMRCC administrative staff. Consistent with this practice, when Mr. Childress completed the program on August 10, 2010, a computer disk containing his cover letter and resume was sent to the property room to be placed with his other belongings.

Mr. Childress was released from custody on August 19, 2010. One of the conditions of his release was that he not “possess[ ] ... computer related items.” 3 Upon his release, Mr. Childress was provided with his personal property, including an envelope that contained the computer disk from the Lifestyle Redirection Program. The sealed envelope did not bear any markings that indicated or suggested that it contained a computer disk.

Fifteen days later, on September 3, 2010, agents of the Illinois Department of Corrections (“IDOC”) conducted an inspection of Mr. Childress’s immediate living area. During that inspection, they discovered the still unopened envelope containing the computer disk from the *437 Lifestyle Redirection Program. Mr. Chil-dress was taken into custody for violating the conditions of his release. He initially was housed at the Statesville Correctional Center but, on November 16, 2010, was transferred back to BMRCC. When Mr. Childress arrived at BMRCC, he was greeted by the Assistant Warden of Programs, Ty Bates, who told Mr. Childress that there had been two other incidents in which inmates had been taken back into custody after follow-up inspections uncovered computer disks associated with prison programs. The following month, Mr. Chil-dress’s MSR was revoked following a hearing.

B.

After Mr. Childress served his criminal sentence, he was detained at the Treatment and Detention Facility in Rushville, Illinois, an institution administered by the Illinois Department of Human Services to house individuals held pursuant to Illinois’s Sexually Violent Persons Commitment Act, 725 ILCS 207/1-99. On December 3, 2012, while at Rushville, Mr. Childress filed the present action, alleging that the prison administration’s practice of placing computer disks in inmates’ property subjected him to an unnecessary risk of re-incarceration in violation of the Eighth Amendment and of the Due Process Clause of the Fourteenth Amendment. He named as defendants several IDOC directors, wardens of BMRCC, and other individuals affiliated with the Lifestyle Redirection Program. 4 Mr. Childress also filed a motion for leave to proceed in forma pauperis and a motion to appoint counsel. One week later, Mr. Childress filed a second motion for appointment of counsel.

On February 20, 2013, the district court dismissed Mr. Childress’s complaint for failure to state a claim and denied all pending motions (including the motions to appoint counsel) as moot. 'The district court explained that it was required under the PLRA “to conduct a prompt threshold review” of the merits of Mr. Childress’s claim. 5 In undertaking this analysis, it was unable to conclude that any defendant knew that the placement of the computer disk in Mr. Childress’s property would violate the conditions of his release. “At most,” the court continued, “Plaintiffs allegations indicate that the placement of the computer disk in his property could have been a negligent act. A defendant can never be held liable under § 1983 for negligence.” 6 Additionally, Mr. Childress “had exclusive control over his property items and could have easily found the computer disk. Indeed, it appears from the complaint that he knew he would be given the disk upon completion of the Life Style program, since he states that this was the regular practice.” 7 Furthermore, even if Ms. Wilson had violated Mr. Childress’s rights by giving him the computer disk, the court explained that

this would not translate into liability on the part of the wardens, IDOC Directors, or other Defendants in supervisory positions. The doctrine of respon-deat superior is not applicable to § 1983 actions; to be held individually liable, a *438 defendant must be “personally responsible for the deprivation of a constitutional right.”[ 8

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787 F.3d 433, 91 Fed. R. Serv. 3d 1284, 2015 U.S. App. LEXIS 8425, 2015 WL 2408070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-childress-v-roger-walker-jr-ca7-2015.