James Freeman v. Department of Corrections

447 F. App'x 385
CourtCourt of Appeals for the Third Circuit
DecidedOctober 6, 2011
Docket11-1972
StatusUnpublished
Cited by7 cases

This text of 447 F. App'x 385 (James Freeman v. Department of Corrections) 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
James Freeman v. Department of Corrections, 447 F. App'x 385 (3d Cir. 2011).

Opinion

OPINION

PER CURIAM.

Pro se appellant James Freeman appeals the District Court’s orders granting summary judgment to the defendants and *387 denying his cross-motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 and exercise a plenary standard of review. State Auto Prop. & Cas. Ins. Co. v. Pro Design, P.C., 566 F.3d 86, 89 (3d Cir.2009). For the reasons set forth below, we will affirm.

Freeman, a state prisoner, has sued numerous prison employees under 42 U.S.C. § 1983. Freeman alleges that the defendants (who will be treated collectively in this opinion) violated his constitutional rights by (1) denying his prison grievances, (2)finding him guilty during prison disciplinary proceedings, (3) confiscating his Uniform Commercial Code (UCC) materials, (4) retaliating against him for filing grievances, (5) destroying his property, (6) using excessive force against hi m, and (7) providing him inadequate medical care. The District Court granted summary judgment to the defendants, and Freeman filed a timely notice of appeal to this Court.

We agree with the District Court’s analysis of Freeman’s claims. As an initial matter, the Eleventh Amendment bars suits for monetary damages against state officials sued in their official capacities. See Melo v. Hafer, 912 F.2d 628, 635 (3d Cir.1990). Therefore, Freeman’s claims that seek money damages from the defendants in their official capacities fail as a matter of law.

The District Court was likewise correct to reject Freeman’s claim concerning the prison grievance system. Prisoners do not have a constitutional right to prison grievance procedures. See, e.g., Massey v. Hetman, 259 F.3d 641, 647 (7th Cir.2001) (collecting cases). Thus, the defendants’ alleged obstruction or misapplication of these procedures is not independently actionable.

We will further affirm the District Court’s grant of summary judgment to the defendants on Freeman’s claim that his First Amendment rights were violated by the defendants’ confiscation of his UCC materials. We have previously held that the Department of Corrections’ policy permitting confiscation of these types of materials is not constitutionally unreasonable because it advances an interest in preventing prisoners from filing fraudulent liens. Monroe v. Beard, 536 F.3d 198, 207-10 (3d Cir.2008). Freeman has failed to distinguish our holding in Monroe on a legal or factual basis; accordingly, Monroe is dis-positive of Freeman’s First Amendment claim.

We also agree with the District Court’s resolution of Freeman’s claim that the defendants involved in his two. disciplinary actions violated his right to procedural due process. The protections of the Due Process Clause are triggered only if there is a deprivation of a protected interest in life, liberty, or property. See Mitchell v. Horn, 318 F.3d 523, 531 (3d Cir.2003). “For a prisoner, such a deprivation occurs when the prison imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Id. (internal quotation marks omitted). Freeman claimed that, as a result of the disciplinary proceedings, he was sanctioned to a total of 360 days of disciplinary custody. This alleged punishment does not constitute an atypical and significant hardship in relation to the ordinary incidents of prison life, and Freeman’s claim therefore fails. See Griffin v. Vaughn, 112 F.3d 703, 708 (3d Cir.1997).

We will similarly affirm the District Court’s order as to Freeman’s retaliation claim. Freeman contends that, in retaliation for his filing a grievance against a prison guard, that guard searched his cell, confiscated his UCC materials, and placed him in the restrictive housing unit. To *388 establish a claim of retaliation under the First Amendment, Freeman must show that (1) the conduct in which he was engaged was constitutionally protected; (2) he suffered adverse action at the hands of prison officials; and (B) his constitutionally protected conduct was a substantial or motivating factor in the decision to take the adverse action. Rauser v. Horn, 241 F.3d 330, 333-34 (3d Cir.2001). If Freeman makes this initial showing, the defendants “may still prevail by proving that they would have made the same decision absent the protected conduct for reasons reasonably related to a legitimate penological interest.” Id. at 334. Here, Freeman admitted to violating prison rules by possessing UCC materials. Therefore, even assuming that Freeman made out a prima facie case, there is no genuine issue of material fact that the prison guard’s conduct was reasonably related to legitimate penological interests and that Freeman would have been disciplined for his offense notwithstanding his grievance. See Carter v. McGrady, 292 F.3d 152, 159 (3d Cir.2002). Accordingly, as the District Court held, the defendants were entitled to summary judgment on this claim.

We will also affirm the District Court’s order granting judgment to the defendants on Freeman’s claim that the defendants violated his due process rights by confiscating and destroying his property. Deprivation of inmate property by prison officials does not state a cognizable due process claim if the prisoner has an adequate post-deprivation state remedy. See Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). An adequate remedy was available here: Freeman could have filed a state tort action, see id. at 535, 104 S.Ct. 3194.

We will also affirm the District Court’s disposition of Freeman’s excessive-force claim. The Eighth Amendment prohibits prison officials from unnecessarily and wantonly inflicting pain in a manner that offends contemporary standards of decency. See Hudson v. McMillian, 503 U.S. 1, 8, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). When reviewing Eighth Amendment excessive-force claims, we must determine whether the “force was applied in a goodfaith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” Id. at 7, 112 S.Ct. 995. In making this determination, we examine the factors outlined by the Supreme Court in Whitley v. Albers, 475 U.S. 312, 321, 106 S.Ct.

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447 F. App'x 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-freeman-v-department-of-corrections-ca3-2011.