Cunningham v. Washington

16 F. App'x 502
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 15, 2001
DocketNo. 00-1902
StatusPublished
Cited by1 cases

This text of 16 F. App'x 502 (Cunningham v. Washington) 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
Cunningham v. Washington, 16 F. App'x 502 (7th Cir. 2001).

Opinion

ORDER

Bennie Cunningham filed this suit under 42 U.S.C. § 1983 alleging violations of the First, Eighth, and Fourteenth Amendments and state law by a number of Illinois prison officials. In a series of orders, the district court dismissed all of Cunningham’s claims except for one First Amendment claim. That claim went to trial, but after Cunningham refused to proceed when he was denied a continuance at the beginning of trial, the district court dismissed his case. Cunningham appeals all of the district court’s rulings and we affirm.

In September 1996 Cunningham was transferred from Pontiac Correctional Center to the segregation unit at Big Muddy River Correctional Center in Ina, Illinois. Cunningham surmises that, soon thereafter, then-warden Jack Hartwig and three former Illinois Department of Corrections (IDOC) administrators selected him for a “behavior modification experiment” during which Hartwig and guards Joseph Campanella and Randy Bayler denied him access to his personal property including legal papers and withheld hygiene products, heat for his cell, and winter clothing. According to Cunningham, Campanella and Bayler also denied him access to his religious materials.

Cunningham filed a number of grievances about his confinement. In September 1996 he exhausted his administrative remedies regarding his lack of access to his personal property, religious materials, and the courts. In December 1996 Cunningham filed a grievance and wrote Hart-wig about the lack of heat and winter clothing. When prison officials responded that the heating system was being fixed, Cunningham did not pursue the grievance any further. Finally, in March 1997 Cunningham filed a grievance complaining generally about his noisy and violent surroundings and, once again, his lack of access to personal property. The defendants do not dispute that Cunningham was transferred to a prison in Rhode Island before he received a response to this last grievance. According to Cunningham, Hartwig, Campanella, and Bayler, confiscated some of his legal materials and personal property during his transfer.

In May 1997 Cunningham filed this suit raising five claims. First, Cunningham claimed that the confiscation of legal papers and transfer to Rhode Island interfered with his First Amendment right of access to the courts. Second, Cunningham asserted that his transfer to Rhode Island was prompted by his grievances and lawsuits over prison conditions and thus violated his due process and equal protection rights. Third, Cunningham alleged that the deprivation of his property violated his due process rights, state law, and IDOC regulations. Fourth, Cunningham alleged that his First Amendment right to free exercise of religion was violated when officials denied him access to the Koran and other religious materials. Finally, Cunningham claimed he was subjected to unconstitutional conditions of confinement due to the lack of heat in his cell, the denial of hygiene products and winter clothing, and the noisy and violent conditions in the prison.

In June 1998 the district court dismissed three of Cunningham’s claims under Federal Rule of Civil Procedure 12(b)(6). The court held that Cunningham’s access to the courts claim failed because he did not allege that any legal claim had been prejudiced. Cunningham’s claim regarding his [505]*505transfer to Rhode Island was dismissed with the explanation that he had no due process interest in avoiding transfers and did not allege discrimination based on membership in any class. And the court dismissed Cunningham’s deprivation-of-property claim because Illinois provides an adequate post-deprivation remedy. Later, in January 2000, the district court dismissed Cunningham’s claim about the conditions of his confinement because it had never been fully exhausted.

That left only Cunningham’s free exercise claim, for which the district court appointed counsel to represent Cunningham at trial. But, on the morning the trial began, Cunningham filed a motion for substitution of counsel, arguing that his counsel had done a poor job in preparing. The district court refused to appoint substitute counsel but did grant Cunningham’s oral motion to discharge the lawyer he already had. When the district court subsequently denied Cunningham’s motion for a continuance, Cunningham refused to proceed and the district court dismissed his case.

On appeal Cunningham first challenges the dismissal of his access-to-theeourts claim. A prisoner states a claim when he alleges that the defendants hindered his access to the courts. See Walters v. Edgar; 163 F.3d 430, 434 (7th Cir. 1998); Nance v. Vieregge, 147 F.3d 589, 591 (7th Cir.1998). The district court, however, properly dismissed this claim because Cunningham pleaded himself out of court. Cunningham identifies two sets of filings that he claims were hindered by the defendants. First, he asserts that his transfer to Rhode Island prevented him from pursuing a claim in the Illinois Court of Claims regarding the confiscation of his property. The right to access to the courts, however, applies only to habeas corpus and civil rights filings. See Lewis v. Casey, 518 U.S. 343, 355, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). Second, Cunningham claims that his transfer hindered his efforts to exhaust his administrative remedies with regards to claims raised in this suit. This is a novel claim. Administrative grievances are not lawsuits but, under the PLRA, see 42 U.S.C. § 1997e, are prerequisites to filing federal lawsuits challenging prison conditions. Therefore, Cunningham must be arguing that inmates can state an access-to-the-eourts claim based on an obstruction to filing administrative grievances. We need not decide the issue, however, because the only grievance that Cunningham was unable to exhaust because of his transfer was his March 1997 grievance about the noisy and violent conditions in the prison. Cunningham does not attribute those conditions to acts or omissions of any of the defendants and therefore those claims are not at issue in this suit.

Cunningham next challenges the district court’s dismissal of his claims regarding his transfer to Rhode Island. A prisoner has no liberty interest in avoiding a transfer to another prison, see Pischke v. Litscher, 178 F.3d 497, 500 (7th Cir.1999), but a prisoner can state a claim under § 1983 if such transfer was in retaliation for a prisoner exercising his right to file grievances and lawsuits, see Babcock v. White, 102 F.3d 267, 275 (7th Cir.1996); Higgason v. Farley, 83 F.3d 807, 810 (7th Cir.1996). In order to state a claim for retaliation, a prisoner must “set forth a chronology of events from which retaliation may plausibly be inferred.” See Zimmerman v. Tribble,

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Bluebook (online)
16 F. App'x 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-washington-ca7-2001.