Hodges v. Wilson

341 F. App'x 846
CourtCourt of Appeals for the Third Circuit
DecidedAugust 11, 2009
DocketNo. 08-4868
StatusPublished

This text of 341 F. App'x 846 (Hodges v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. Wilson, 341 F. App'x 846 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Alonzo Hodges appeals pro se the District Court’s order granting defendant Dr. Saavedra’s motion to dismiss and its subsequent order granting summary judgment in favor of the remaining defendants. For the reasons discussed below, we agree with the District Court’s disposition of these motions and will dismiss the appeal.

I.

Hodges is an inmate at SCI-Fayette, which is run by the Pennsylvania Department of Corrections (“DOC”). He filed a civil rights complaint pursuant to 42 U.S.C. § 1988 in District Court against a number of DOC employees, claiming that they violated his First, Eighth, and Fourteenth Amendment rights.

For some time prior to June 2006, Hodges was housed in a single cell pursuant to his “‘Z’ code” (single-cell) status. In June 2006, prison officials reevaluated and revoked that status and Hodges was double-celled.1 Hodges asserts that, in addition to this change in housing status, his security risk status was elevated, which prevented him from working certain jobs. He further alleges that defendants made the security status change in retaliation after he stated his intention to file a lawsuit.2 He filed numerous grievances related to the change in his cell status, including some for alleged retaliation, and exhausted his administrative remedies. 42 U.S.C. § 1997e(a); Spruill v. Gillis, 372 F.3d 218, 227-28 (3d Cir.2004). Hodges claims to have sustained psychological and physical harm as the result of being “forced” to share a cell. He also asserts that his new cell mate assaulted him. He seeks the “return of [his] z-o code (single-cell status),” as well as compensatory damages in the amount of $20,000 and $350,000 in punitive damages.

The District Court adopted the Magistrate Judge’s Report and Recommendation and granted Dr. Saavedra’s motion to dismiss on November 15, 2007, 2007 WL 4608448.3 The District Court later [848]*848adopted the Magistrate Judge’s second Report and Recommendation and entered judgment in favor of the remaining defendants on November 25, 2008, 2008 WL 5049742. Hodges filed a timely notice of appeal.

II.

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. Our review of an order granting a motion to dismiss is plenary. See Santiago v. GMAC Mortg. Group, Inc., 417 F.3d 384, 386 (3d Cir. 2005). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, — U.S.-,-, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). In deciding a motion to dismiss, a court must determine whether the complaint “pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955).

In reviewing a District Court’s grant of summary judgment, we apply the same test the District Court applied. Saldana v. Kmart Corp., 260 F.3d 228, 231 (3d Cir.2001). Summary judgment is proper when, viewing the evidence in the light most favorable to the non-moving party and drawing all inferences in that party’s favor, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id. at 232; Fed.R.Civ.P. 56(c). The party opposing summary judgment “may not rest upon the mere allegations or denials of the ... pleading,” but “must set forth specific facts showing that there is a genuine issue for trial.” Saldana, 260 F.3d at 232 (citing Fed.R.Civ.P. 56(e); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

III.

Hodges alleges generally that Dr. Saavedra “supported” the prison’s decision to revoke his “Z” code status. Hodges also alleges that Dr. Saavedra’s male secretary impersonated him during Hodges’ examinations and that Dr. Saavedra allowed prison officials to view Hodges’ medical records for the purpose of making a determination about his cell status. Dr. Saavedra filed a motion to dismiss arguing that Hodges failed to allege that Dr. Saavedra had the authority to either deny or grant inmate cell assignment requests or that Dr. Saavedra had failed to provide treatment. The Magistrate Judge agreed and recommended granting the motion to dismiss. The District Court adopted the recommendation.

Absent any assertion of attendant harm, Hodges’ allegation that an imposter stood in for Dr. Saavedra does not raise a federal claim. See Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Hodges does not allege that Dr. Saavedra failed to provide treatment or disregarded a known risk of harm. See e.g. Farmer, 511 U.S. 825, 114 S.Ct. 1970; Estelle, 429 U.S. at 106, 97 S.Ct. 285. Instead, Hodges merely alleges fraud and attempts to challenge Dr. Saavedra’s credibility.

Hodges next claims that Dr. Saavedra conspired with the remaining defendants to “illegally” revoke his “Z code” status. Hodges claims that Dr. Saavedra put him at risk by allowing prison staff access to his psychiatric records. However, Hodges fails to plead sufficient factual content to allow us to “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 129 S.Ct. at 1949. Hodges never states who was given access to his medical information, nor does he allege that Dr. Saavedra’s [849]*849actions put him at risk of harm from the prison population. He does not specify what harm he faced, other than the revocation of his “Z code” status. It is apparent that his claim against Dr. Saavedra hinges upon his belief that he has a liberty interest in being single-celled. As explained in greater detail below, Hodges does not have a liberty interest in being single-celled. As a result, he does not state a claim against Dr. Saavedra.

IV.

Hodges claims that the remaining defendants violated his Fourteenth Amendment due process rights by revoking his “Z” code status and forcing him to double-cell. States “may under certain circumstances create liberty interests which are protected by the Due Process Clause.”

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Related

Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Rhodes v. Chapman
452 U.S. 337 (Supreme Court, 1981)
Hewitt v. Helms
459 U.S. 460 (Supreme Court, 1983)
Hudson v. Palmer
468 U.S. 517 (Supreme Court, 1984)
Sandin v. Conner
515 U.S. 472 (Supreme Court, 1995)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Rauser v. Horn
241 F.3d 330 (Third Circuit, 2001)
Farmer v. Brennan
511 U.S. 825 (Supreme Court, 1994)
Carter v. McGrady
292 F.3d 152 (Third Circuit, 2002)

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Bluebook (online)
341 F. App'x 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-wilson-ca3-2009.