Jack McLaurin v. Russ Cole

115 F.3d 408, 1997 U.S. App. LEXIS 14637, 1997 WL 328869
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 1997
Docket95-2116
StatusPublished
Cited by17 cases

This text of 115 F.3d 408 (Jack McLaurin v. Russ Cole) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jack McLaurin v. Russ Cole, 115 F.3d 408, 1997 U.S. App. LEXIS 14637, 1997 WL 328869 (6th Cir. 1997).

Opinions

[409]*409CONTIE, J., delivered the opinion of the court, in which BOGGS, J., joined. RYAN, J. (pp. 411-13), delivered a separate concurring opinion.

OPINION

CONTIE, Circuit Judge.

Plaintiff-appellant Jack McLaurin (“McLaurin”), a Michigan inmate, filed this 42 U.S.C. § 1983 action against four corrections officers. On May 10, 1993, the district court dismissed three of the four defendants. On August 31, 1995, the district court granted judgment as a matter of law to the remaining defendant, Russ Cole. McLaurin appeals the judgment in favor of Cole. We affirm.

I.

McLaurin is serving a life term in the custody of the Michigan Department of Corrections (“MDOC”) at the State Prison of Southern Michigan (“SPSM”) in Jackson, Michigan. On August 9,1991, SPSM officers ordered an emergency count of the inmates just as McLaurin was preparing to take a shower. Upset because of his inability to take a shower, McLaurin struck the fire extinguishing sprinkler in his cell with a shoe, causing his cell to flood. McLaurin was immediately moved to a “quiet cell” for two hours. Following his release from the “quiet cell,” McLaurin returned to his cell and allegedly discovered that his legal materials were covered with shampoo and butter. McLaurin later climbed on top of a basketball support in the recreation yard and refused to come down. He was eventually subdued and moved to a cell in SPSM’s administrative segregation unit. McLaurin subsequently filed a grievance against Cole for his role in the sprinkler incident.

While housed in the administrative segregation unit, McLaurin demanded his prayer rug and fez. When Cole refused McLaurin’s request (because prisoners in administrative segregation are not permitted to possess such items pursuant to MDOC policy), McLaurin purportedly beat his chest and cell window with his hands, kicked the door to his cell, and repeatedly threatened to Mil Cole. Cole subsequently issued McLaurin a “misconduct ticket” for his threatening behavior. McLaurin, however, asserts that Cole issued the “misconduct ticket” solely in retaliation for the grievance that McLaurin filed against Cole days earlier.

McLaurin subsequently filed this 42 U.S.C. § 1983 action seeking damages for “psychological distress, anxiety, mental anguish [and] physical anguish.” Complaint at 6. Specifically, McLaurin alleges that the “Defendants denied plaintiff access to the court, the right to practice his religion [and] medical treatment [as] assured by the First, Eighth and Fourteenth Amendments.” Complaint at 5.

On May 10, 1993, the district court dismissed McLaurin’s claims against William Mickelson, Ray Hay and Terry Bildner, but denied Russ Cole’s motion for summary judgment with respect to McLaurin’s claim of retaliation. McLaurin’s retaliation claim against Cole proceeded to trial.

After McLaurin rested his case, the district court granted Cole’s motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 because Cole’s conduct did not “shock the conscience” of the court:

Plaintiff is a prisoner at a Michigan correctional facility. According to the joint final pre-trial order, Plaintiff’s only remaining claim was that Defendant, a correctional officer who is assigned to the property room, issued Plaintiff a “groundless misconduct ticket in retaliation for Plaintiff’s filing a grievance against him.”
Plaintiff himself was called as the only witness in his case in chief. Plaintiff testified that defendant Cole had wrongfully issued him a misconduct ticket which cited Plaintiff for threatening Defendant’s life. Plaintiff further testified that after receiving the ticket he was denied a visit to a podiatrist’s office.
The court finds that Plaintiffs claim cannot be maintained under controlling law. Plaintiff offered no evidence whatsoever to establish that Defendant’s issuance of the misconduct ticket was an “egregious abuse of governmental power.” Accepting all of [410]*410Plaintiffs testimony as trae and accurate, the court finds that Defendant’s actions do not rise to such a level as to “shock the conscience” of this court. Accordingly, Defendant is entitled to judgment as a matter of law.

District Court’s August 31, 1995 Order Granting Defendant’s Motion for Judgment as a Matter of Law at 1-3 (citations and footnote omitted).

On October 2,1995, McLaurin filed a timely notice of appeal challenging the district court’s dismissal of his retaliation claim against Cole.

II.

Standard, of Review

The applicable Federal Rule of Civil Procedure provides:

If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

Fed.R.CivJP. 50(a)(1). “We review a judgment as a matter of law de novo.” Snyder v. Ag Trucking, Inc., 57 F.3d 484, 490 (6th Cir.1995) (citation omitted).

McLaurin’s Retaliation Claim

McLaurin asserts that the district court should not have employed a “shocking to the conscience” standard:

This Court must view the allegations in the complaint in a light most favorable to plaintiff. When so viewed, the allegations demonstrate that plaintiffs complaint implicated an explicit constitutional guarantee — namely, the First Amendment right to freedom of speech. Given this, the Trial Court’s requirement that plaintiff make an additional showing that defendant’s misconduct was somehow “shocking to the conscience” was erroneous. Plaintiffs claim that defendant’s retaliatory conduct violated his First Amendment rights should have gone to the jury.

Appellant’s Brief at 3.

In response, Cole asserts that the district court properly dismissed McLaurin’s retaliation claim:

There was no prima facie proof that Plaintiff-Appellant was engaged in conduct which is protected by the Constitution, and that such protected conduct was a substantial or motivating factor behind Defendant-Appellee’s actions. Plaintiff-Appellant's failure to carry these twin burdens is fatal to his claim....
Moreover, Plaintiff-Appellant has also failed to demonstrate that issuance of the misconduct ticket was an egregious abuse of power which shocks the conscience.

Appellee’s Brief at v (citations omitted).

Though McLaurin argues that the facts alleged need not be shocking to the conscience because his claim is grounded on first amendment principles,1

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Jack McLaurin v. Russ Cole
115 F.3d 408 (Sixth Circuit, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
115 F.3d 408, 1997 U.S. App. LEXIS 14637, 1997 WL 328869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-mclaurin-v-russ-cole-ca6-1997.