Felton v. Huibregtse

525 F. App'x 484
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 23, 2013
DocketNo. 12-3551
StatusPublished
Cited by43 cases

This text of 525 F. App'x 484 (Felton v. Huibregtse) 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
Felton v. Huibregtse, 525 F. App'x 484 (7th Cir. 2013).

Opinion

ORDER

Stanley Felton, a Wisconsin prisoner, sued five prison employees under 42 U.S.C. § 1988, arguing that they retaliated against him, in violation of the First Amendment, for complaining in a letter mailed to the deputy warden, Gary Bough-ton, that Boughton had ignored his earlier grievances. The district court granted summary judgment to all five defendants after concluding that Felton’s letter was disrespectful and therefore not protected speech. We conclude that a complaint mailed outside of the normal grievance process containing offensive language that is unnecessary to the complaint itself is not protected speech. Therefore, we affirm the judgment.

The facts are undisputed. Felton filed a formal complaint in January 2010 asking for the return of a book and other materials that he was using to learn Swahili, property that he said had been confiscated during a search of his cell. That complaint (No.2010-1030) was rejected as moot on the basis that “[a]ll items that were taken from Inmate Felton have been returned to him.” Felton appealed, asserting that he had received the book back but not the other materials, namely 94 pages written in Swahili by two other prisoners. Bough-ton denied the appeal, stating tersely that the complaint had been “appropriately rejected.” See Wis. Admin. Code Doo § 310.11(5). Felton then filed a new complaint (No.2010-2444) seeking return of the Swahili papers. That complaint was denied because the issue had supposedly been addressed in his earlier complaint. Felton appealed again, and Boughton again denied the appeal, concluding simply that it had been “appropriately rejected.”

After receiving this second rejection letter, Felton wrote and mailed the following letter to Boughton outside the formal complaint process, criticizing Boughton:

Deputy Warden Boughton:

Received your decision today 2/10/2010, on complaint 2010-2444. You ruled the ICE [inmate complaint examiner] appropriately rejected complainant complaint for being previously address[ed]. This clearly shows you did know [no] investigation, whatsoever. The complaint the ICE staff (Kelly Trumm) is referring to is #2010-1030 which was “moot” because the “Swahili Book” was returned. This had nothing to do with the 94 pages of material taken by Capt. Brown, which he still has. This “computerized signature” on this decision is a sham just like the ICE process is. I’ll bet you never even seen or read my complaint because any idiot could see the issue has never been address[ed], because Capt. L. Brown still has my material, so, how has the issue been address[ed], please inform me.

Believing that the letter was disrespectful, Boughton showed it to Felton’s Unit Supervisor, Brian Kool. Two days later, Fel-ton was transferred to a different unit and removed from the “High Risk Offender Program.” This voluntary program allows inmates on administrative confinement status, such as Felton, to return to the general population after meeting certain behavioral goals by showing respect for [486]*486authority and the ability to resolve disputes peacefully. Program participants receive the benefits of more yard time, more calls per week, fewer restraints, and more chances to interact with other prisoners.

Contending that the defendants retaliated against him for complaining about the review process, Felton sued Warden Hui-bregtse and the four prison employees who removed him from the program — Bough-ton, Kool, David Gardner (a guard), and Melanie Harper (a social worker). To support his claim that his letter prompted retaliation, Felton furnished evidence comparing how the prison has treated other inmates: Prisoners guilty of major prison offenses (such as fighting and group resistance) are disciplined with time in segregation, but they have been allowed to stay in the program. By contrast, Felton received only a warning for the letter, and— as the defendants concede — inmates are not disciplined for warnings, see Wis. Admin. Code DOC § 303.65, yet the defendants removed him from the program. Felton also asserted that, by removing him from the program — and thereby withdrawing its significant perks — the prison has deterred prisoner speech.

The defendants concede that the letter led them to remove Felton from the program but deny that the speech was protected. They identify three sentences of the letter that they consider disrespectful and unprotected:

This clearly shows you did know [no] investigation, whatsoever.... This “computerized signature” on this decision is a sham just like the ICE process is. I’ll bet you never even seen or read my complaint because any idiot could see the issue has never been address[ed]

Boughton, Kool, Gardner, and Harper emphasize that they removed Felton from the program because of these “disrespectful comments” in the letter, and not simply because Felton sent a letter directly to Boughton requesting the return of his Swahili papers.

The magistrate judge, presiding by consent, granted summary judgment to the defendants. First, he ruled that Hui-bregtse was not liable because he was not personally involved in the decision. Second, he decided that the other defendants were not liable because “framing a comparison between Boughton and an idiot was disrespectful” and thus concluded that the letter was not protected speech.

On appeal, Felton argues that the district judge erred by misinterpreting the phrase “any idiot” in his letter. He contends that the plain reading of the phrase “I’ll bet you never even seen or read my complaint because any idiot could see the issue has never been address[ed]” reveals that his complaint was that Boughton rubber-stamped the rejections without any review. Felton argues that he was simply illustrating why he believed that Boughton had never actually read his formal grievances and draws this logical progression: “any idiot” who read the complaints would see that they were different, Boughton did not notice the difference, Boughton is smarter than an idiot, and therefore Boughton did not read the complaints.

To establish a claim of retaliation, Fel-ton must show that he engaged in a protected activity, he suffered a deprivation likely to prevent future protected activities, and there was a causal connection between the two. See Watkins v. Kasper, 599 F.3d 791, 794 (7th Cir.2010); Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir.2009). The defendants acknowledge that Felton’s letter caused them to remove him from the program, and they do not contest that removal carries a loss of privileges that might reasonably deter similar speech. So the only question that remains is whether the letter mailed to Boughton was protected speech.

[487]*487Inmates face a number of restrictions on their speech. See generally Shaw v. Murphy, 532 U.S. 223, 229-30, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001); Turner v. Safley, 482 U.S. 78, 89-90, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). Two are relevant to this case. First, if justified by legitimate penological concerns, prisoners can be limited in how they make their complaints. Compare Watkins v. Kasper,

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Bluebook (online)
525 F. App'x 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-v-huibregtse-ca7-2013.