Jerome Williams v. Jon Ozmint

716 F.3d 801, 2013 WL 1987231, 2013 U.S. App. LEXIS 9754
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 15, 2013
Docket11-6940
StatusPublished
Cited by282 cases

This text of 716 F.3d 801 (Jerome Williams v. Jon Ozmint) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerome Williams v. Jon Ozmint, 716 F.3d 801, 2013 WL 1987231, 2013 U.S. App. LEXIS 9754 (4th Cir. 2013).

Opinions

Affirmed in part and dismissed in part by published opinion. Judge KEENAN wrote the opinion, in which Judge SHEDD concurred. Judge DAVIS wrote a separate opinion concurring in the judgment.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from the inmate’s claim for monetary damages because, under the facts presented here, the inmate did not have a clearly established constitutional right to visitation. We also hold that because the inmate’s visitation privileges already have been restored, his request for injunctive relief must be dismissed as moot. Accordingly, we dismiss the appeal in part as moot, and we affirm the judgment of the district court in all other respects.

I.

Jerome Williams is an inmate serving a life sentence at Evans Correctional Institution in South Carolina. The facts underlying Williams’ claims occurred on March 31, 2007, when Williams met with a visitor, Marilyn Massey, in the prison visitation room.1

Officer Johnson, who was assigned to the Contraband Unit at the prison, monitored the visitation room on that date, including the interaction between Williams and Massey. During Williams’ visit with Massey, Officer Johnson observed Massey pass suspected marijuana to Williams. Johnson also thought that he saw Williams place the suspected contraband material in his pants before proceeding to walk toward the restroom.

Several officers, including Johnson, intercepted Williams. The officers informed Williams that he was suspected of having received contraband from Massey, and they escorted Williams to a separate area to be “strip searched.” Massey was escorted from the premises.

The officers did not find any contraband material on Williams’ person during the strip search. However, before the strip search was conducted, Johnson saw Williams place something in his mouth and swallow immediately. As a result, the officers placed Williams in a “dry cell,” a cell without running water, for a period of 72 hours. The officers searched Williams’ excrement for evidence of the suspected marijuana, but found none.

[804]*804Williams later was transferred to the “Special Management Unit” where he was held in disciplinary confinement a little over two months. Williams was not charged with a disciplinary offense, and he alleges that “no finding was ever made that [he] possessed contraband (or violated any other prison rule).”

On April 4, 2007, Warden Willie Eagle-ton of Evans Correctional Institution (the warden) informed Williams that his privileges to see visitors were suspended for two years.2 The notice stated that Williams’ visitation was suspended “effective March 31, 2007, through March 20, 2009,” because he “was observed receiving contraband from [his] visitor and placing it in [his] pants.” The notice also stated that, while Williams was not found guilty of a crime or a disciplinary offense as a result of his conduct, “agency policy provides that action may be taken by the warden regarding rules violations in the visitation room.”

In December 2008, Williams filed a pro se complaint in a South Carolina state court against Jon Ozmint, Director of the South Carolina Department of Corrections, the warden, and two prison guards, Johnson and Lieutenant Graham (collectively, the defendants). Williams alleged several constitutional violations relating to the conditions of his confinement, claimed excessive force by prison officials, and, as relevant here, challenged the suspension of his visitation privileges in the absence of being found with contraband or being charged with a disciplinary offense. On the basis of these alleged violations, Williams sought: (1) monetary relief; (2) restoration of “visitation” and “all privileges;” and (3) “any other relief that seems just, and proper.”3 The defendants timely removed the action to federal district court.4

After discovery, the defendants filed a motion for summary judgment. Adopting the magistrate judge’s recommendation, the district court denied the defendants’ request for summary judgment on Williams’ claim of excessive force, but awarded summary judgment to the defendants on all the remaining claims. On the visitation privileges claim, the district court awarded summary judgment on the ground that prisoners do not have a constitutional right to visitation.

The district court appointed counsel for Williams on the excessive force claim brought against Johnson. That claim was tried before a jury, which returned a verdict in favor of Johnson. The district court entered final judgment in favor of all the defendants. Williams filed a timely notice of appeal.5

II.

We review a district court’s award of summary judgment de novo. Henry v. Purnell, 652 F.3d 524, 531 (4th Cir.2011) (en banc). Summary judgment is appropriate when the record does not disclose a [805]*805genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Couch v. Jabe, 679 F.3d 197, 200 (4th Cir.2012); Fed.R.Civ.P. 56(a).

We liberally construe Williams’ pro se complaint, which raises certain civil rights issues. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007); Smith v. Smith, 589 F.3d 736, 738 (4th Cir.2009). However, liberal construction does not require us to attempt to “discern the unexpressed intent of the plaintiff,” but only to determine the actual meaning of the words used in the complaint. Laber v. Harvey, 438 F.3d 404, 413 n. 3 (4th Cir.2006) (en banc).

A.

Williams argues that the two-year suspension of visitation privileges, which was imposed without a hearing or a finding that he actually possessed contraband, violated his First Amendment right to association, his Fourteenth Amendment right to procedural due process, and his Eighth Amendment right to be free from cruel and unusual punishment.6 Although he concedes that the rights of prison inmates are subject to ■ substantial restrictions, Williams nevertheless argues that incarceration does not -extinguish a prisoner’s “qualified right to visitation.”

Williams initially contends that a remand to the district court is necessary for further discovery regarding the prison policy underlying the suspension, of his visitation privileges. He asserts that until such facts are developed, adjudication of his constitutional claims will be impossible because this Court will be unable to determine whether the prison’s policy advances legitimate penological objectives and is applied consistently.

We find no merit in this argument..

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Bluebook (online)
716 F.3d 801, 2013 WL 1987231, 2013 U.S. App. LEXIS 9754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerome-williams-v-jon-ozmint-ca4-2013.