Faulk v. Patterson

545 F. App'x 56
Court of Appeals for the Second Circuit·Decided November 21, 2013·No. 19-3522·Unpublished·Cited by 18 cases

Opinion

SUMMARY ORDER

Plaintiff-Appellant Alfonzo Faulk, pro se, appeals from the district court’s judgment granting the Appellees’ motion for summary judgment and dismissing his action brought pursuant to 42 U.S.C. § 1983. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review orders granting summary judgment de novo. See Gonzalez v. City of Schenectady, 728 F.3d 149, 154 (2d Cir.2013). “Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.” Id. In determining whether there are genuine disputes of material fact, this Court is “ ‘required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought.’ ” Terry v. Ashcroft, *58 386 F.3d 128, 137 (2d Cir.2003) (quoting Stern v. Trs. of Columbia Univ. in City of New York, 131 F.3d 305, 312 (2d Cir.1997)). Summary judgment is appropriate “[wjhere the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

On appeal, Faulk primarily challenges the district court’s dismissal of his retaliation claim, which alleged that, the day after he succeeded on an inmate grievance, several of the Appellees retaliated against him by filing misbehavior reports. To prevail on such a claim, Faulk must show “first, that he engaged in constitutionally protected conduct and, second, that the conduct was a substantial or motivating factor for the adverse actions taken by prison officials.” Bennett v. Goord, 343 F.3d 133, 137 (2d Cir.2003). The Appel-lees concede that filing an inmate grievance constitutes protected conduct, so the only issue is whether Faulk has produced sufficient evidence to raise a question of material fact about whether his successful grievance was a “substantial or motivating factor” in the disciplinary charges. See id. at 137-38. This he has not done.

“[PJrisoner retaliation claims are easily fabricated, and ... pose a substantial risk of unwarranted judicial intrusion into matters of general prison administration.” Id. at 137 (internal quotation marks omitted). Accordingly, while we have held that temporal proximity between protected conduct and an adverse action constitutes circumstantial evidence of retaliation, see id. at 138, we have consistently required some further evidence of retaliatory animus before permitting a prisoner to proceed to trial on a retaliation claim. For example, in Bennett, we permitted the prisoner to proceed to trial where disciplinary charges were filed as he was in the process of successfully settling a lawsuit against prison officials and the disciplinary charges “were subsequently found to have been unjustified.” Id.; see also Gayle v. Gonyea, 313 F.3d 677, 683-84 (2d Cir.2002) (prisoner permitted to proceed to trial where there was temporal proximity between a grievance and a misbehavior report and the “testimony at the disciplinary hearing also shed[ ] doubt on the accuracy of the accusations stated in the misbehavior report”). Similarly, in Espinal v. Goord, we held that a trial was required where only six months separated the dismissal of Espinal’s lawsuit and an allegedly retaliatory beating by two officers, one of whom was a defendant in the lawsuit, and there was evidence that the other was aware of the lawsuit. See 558 F.3d 119, 129-30 (2d Cir.2009).

Finally, in Colon v. Coughlin, upon which Faulk relies, Colon introduced evidence that he was brought up on drug- and weapon-related disciplinary charges immediately after winning a lawsuit against prison officials; he had never before been found in possession of either drugs or weapons while in prison; and the prison official who had authorized the contraband search told Colon that he had been “framed” because of his lawsuit. See 58 F.3d 865, 868, 872-73 (2d Cir.1995). In that case, we opined that if the circumstantial evidence of retaliation — Colon’s prior good behavior and the temporal proximity between the lawsuit and the disciplinary charges — “represented the sum total of Colon’s proof, we might be inclined to affirm the grant of summary judgment” given the weakness of his case and the ease with which prisoner retaliation claims could be fabricated. Id. at 873 (citing Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir.1983)). We nonetheless permitted Colon to proceed to trial because he had presented direct evidence of retaliation: *59 the prison official’s statement that he had been framed. See id.

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Faulk v. Patterson, 545 F. App'x 56 (2d Cir. 2013).

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