Harnage v. Brighthaupt

168 F. Supp. 3d 400, 2016 U.S. Dist. LEXIS 24858, 2016 WL 2944518
CourtDistrict Court, D. Connecticut
DecidedMarch 1, 2016
DocketCivil No. 3:12cv1521(AWT)
StatusPublished
Cited by14 cases

This text of 168 F. Supp. 3d 400 (Harnage v. Brighthaupt) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harnage v. Brighthaupt, 168 F. Supp. 3d 400, 2016 U.S. Dist. LEXIS 24858, 2016 WL 2944518 (D. Conn. 2016).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

Alvin W. Thompson, United States District Judge

The plaintiff, James Harnage (“Har-nage”), who is incarcerated within Connecticut’s correctional system, brings this civil rights action pro se pursuant to 28 U.S.C. § 1983. Because of the number of claims and defendants in this action, the claims have been separated into three groups. The claims at issue in the instant motion are the remaining claims in Counts One, Three, and Five of the plaintiffs Complaint (Doc. No. 112).1 Harnage alleges in these three counts that defendants, [406]*406who are current or former officials of the Connecticut Department of Correction (“DOC”), have violated his constitutional rights by retaliation, denial of his right to petition the government to redress grievances, and denial of substantive and procedural due process.

The defendants have moved for summary judgment on the remaining claims in Counts One, Three, and Five. The remaining defendants in those claims are, in Count One, Jon Brighthaupt (“Bri-ghthaupt”), Lauren Powers (“Powers”), Michael Davis (“Davis”), and Jason Hogan (“Hogan”); in Count Three, Brett Mollin (“Mollin”), Christopher Johnson (“Johnson”), and Caesar Faraci (“Faraci”); and in Count Five, Brighthaupt. For the reasons set forth below, the defendants’ motion is being granted.

1. FACTUAL BACKGROUND2

Harnage was an inmate at Cheshire Correctional Institution (“Cheshire Cl”) during the time of the events at issue, which occurred between September 2011 and January 2012.

While at Cheshire Cl, Harnage filed numerous grievances regarding prison conditions and the actions of various staff members. On September 10, 2011, the plaintiff filed grievances against defendants Mollin and Santopietro because they would not let him exchange an allegedly uncooked burger he received at lunch.

Count One

Defendant Hogan was the intelligence officer at Cheshire Cl, where his duties included examining outgoing mail to ensure that inmates were not violating DOC’s rules regarding inmate correspondence. 'In performing this duty, Hogan looked through the mail for irregularities and would investigate illegal activity.

On September 20, 2011, Hogan examined Harnage’s mail. At that time, Har-nage was on telephone and mail review. Hogan concluded that Harnage was attempting to. circumvent the mail system by placing multiple letters in one. envelope, which was addressed to “Mom Cavalier,” with instructions to forward the additional letters to recipients whose names were not listed on the envelope. This was against the rules set forth in the Inmate Handbook. Based on this finding, Hogan wrote an incident report and then issued a disciplinary report because the plaintiffs actions violated the Inmate Handbook rule and thus constituted an unauthorized use of the mail system.

The plaintiff denies writing the letters at issue. He admits that the envelope containing the three letters had his name, return address, and inmate number on it, but he denies placing that information on the envelope. He states that another inmate had written the correspondence and used Har-nage’s name and inmate number in order to avoid mail costs. He alleges that defendant Hógan could have easily figured out that Harnage was riot the author of the letters by comparing the handwriting or looking up Harnage’s mother’s name and address in the DOC system. He asserts that the Inmate Handbook rule given by the defendants as the basis for the disciplinary report does not provide adequate notice of what is prohibited.

Count Three

Defendant Faraci was the property officer at Cheshire Cl from 2008 to 2012. When inmates were transferred to the restrictive housing unit (“RHU”), their prop[407]*407erty was stored in the property room. When Faraci received an inmate’s property, he would search and inventory it. On October 3, 2011, while Harnage was in RHU, Faraci searched and inventoried Harnage’s property. He discovered a sharpened piece of metal, multiple carbon papers, a bottle of Wite-Out, altered headphones, and a Sony radio. Faraci issued a disciplinary report for the sharpened piece of metal, which was considered Contraband Class A because it was a dangerous instrument. At the same time, Faraci issued a second disciplinary report for Har-nage’s possession of Contraband Class B, based on other items found during Faraci’s search. The second report covered some items that the plaintiff admits were contraband, along with other items that he contends were not contraband.

Defendant Mollin was a Lieutenant at Cheshire Cl Cl at the time, and as part of his duties, he reviewed and signed off on disciplinary reports for Contraband Class A and Class B. He denies having any other involvement in the search of Harnage’s property.

Harnage alleges that the search was initiated and supervised by Mollin. The plaintiff contends that Mollin planted a sewing needle (the “sharpened piece of metal”) in his property and that Faraci was aware that the needle had been planted.

Defendant Johnson was the disciplinary investigator at Cheshire Cl. As part of his duties, he reviewed disciplinary reports and met with inmates who received them. If the inmate pled guilty, Johnson would impose appropriate sanctions. If the inmate pled not guilty, Johnson would conduct an investigation, and the inmate would receive a hearing on the report. Under DOC policy, if an inmate pleads guilty, he receives lesser sanctions than if he is found guilty by a hearing officer. Harnage pled guilty to the Contraband Class B disciplinary report.

Harnage alleges that Johnson told the plaintiff that if he did not plead guilty to possession of all of the items listed as contraband, an individual disciplinary report would be issued for each item. He alleges that while he pled guilty, the plea was not voluntary.

Count Five

Defendant Brighthaupt was the Warden at Cheshire CL On July 26, 2011, he issued a notice to the inmates at the facility regarding a change to the grievance procedure. The notice stated that inmates must use an informal resolution process before filing a grievance. It categorized the types of grievance issues and identified the staff members who would handle the different types of grievance issues.

As Warden, Brighthaupt’s duties included reviewing inmate grievances. Administrative Directive 9.6 explains DOC’s grievance procedure. It provides, inter alia, that “when an inmate files more than seven (7) grievances in any 60 day calendar period,” the “inmate may be deemed to be abusing the grievance procedure.” Between November 25, 2011 and January 27, 2012, Harnage filed nine separate grievances. Administrative Directive 9.6 provides that “[a] determination of abuse shall be made by the Unit Administrator and shall stipulate the restriction(s) imposed.” Pursuant to DOC policy, Brighthaupt determined that Harnage was abusing the grievance process, and on January 30, 2016, he placed the plaintiff on grievance restriction.

II. LEGAL STANDARD

A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant [408]*408judgment for the moving party as a matter of law. Fed. R.

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Bluebook (online)
168 F. Supp. 3d 400, 2016 U.S. Dist. LEXIS 24858, 2016 WL 2944518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harnage-v-brighthaupt-ctd-2016.