Keith Harbin-Bey v. Lyle Rutter

420 F.3d 571, 2005 U.S. App. LEXIS 17511, 2005 WL 1981877
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 18, 2005
Docket04-1458
StatusPublished
Cited by855 cases

This text of 420 F.3d 571 (Keith Harbin-Bey v. Lyle Rutter) 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
Keith Harbin-Bey v. Lyle Rutter, 420 F.3d 571, 2005 U.S. App. LEXIS 17511, 2005 WL 1981877 (6th Cir. 2005).

Opinion

OPINION

GILMAN, Circuit Judge.

Keith Harbin-Bey, a Michigan prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 against several officials employed by the Michigan Department of Corrections (MDOC). Specifically, the defendants are MDOC Inspector and Alger Maximum Correctional Facility Security Threat Group Coodinator Lyle Rutter, MDOC Officer Bill Martin, MDOC Central Office Security Threat Group Coordinator Robert Mulvaney, MDOC Director William Overton, and MDOC Manager of Prison Affairs Michael Powell. Harbin-Bey contended that his designation as a member of a Security Threat Group (STG) without a hearing violated his constitutional rights.

The district court initially dismissed all of Harbin-Bey’s claims other than the claim that Rutter had retaliated against him. It subsequently granted summary judgment for Rutter on the retaliation claim as well. For the reasons set forth below, we AFFIRM the judgment of the district court.

*574 I. BACKGROUND

Harbin-Bey, an inmate at the Alger Maximum Correctional Facility in Munis-ing, Michigan, is a Moorish-American Muslim affiliated with a gang known as the Vice Lords. In the fall of 2001, he began writing to family members and to other inmates regarding the prison’s STG policy directive. He stated in his letters that the STG policy infringed on prisoners’ constitutional rights and on their ability to obtain parole, and he indicated that he was contemplating legal action against Rutter, the prison’s STG Coordinator. In addition, the letters allegedly contained veiled references to the Vice Lords. For example, they used the terms “golden sun” and “black moon,” which are gang symbols, and the phrase “la via va va,” which is Vice Lord code for “all is well.”

Rutter intercepted one of Harbin-Bey’s letters in November of 2001 and issued a Notice of Intent to Conduct an Administrative Hearing (referred to as an “NOI” in the realm of prison administration). He also ordered Harbin-Bey to refrain from any further correspondence involving STG matters. In numerous letters to Rutter, Harbin-Bey asserted that the allegedly offensive references in his letters were religious and therefore should not be considered violations of STG policy. He did not receive a reply from Rutter.

In March of 2002, Rutter and Mulvaney notified Harbin-Bey that he had been designated an STG leader. Harbin-Bey subsequently wrote to Mulvaney and complained that his designation as an STG leader without a hearing violated his rights to the due process of law.

In May of 2002, Harbin-Bey was notified that an issue of FHM (For Him Magazine) had been rejected by the prison because one of the articles in the magazine contained depictions of gang signs. Prison policy prohibits inmates from receiving such information. Harbin-Bey’s request that he be given the magazine with the offending article removed was denied. Shortly thereafter, he received a postcard from FHM informing him that his subscription could not be continued because the prison had returned the issue in question as “unauthorized.”

Harbin-Bey received a second NOI from Rutter in July of 2002. This NOI notified Harbin-Bey that he was being classified as an “STG II” because he had sent his grandfather a photograph of himself in which he displayed an STG tattoo on his arm. Harbin-Bey wrote to Rutter and requested that he not be so labeled without a hearing. He also wrote to Mul-vaney, demanding that he receive equal protection under the law. In August of 2002, Harbin-Bey filed three grievances against Rutter, all of which were denied: one for violating his constitutional rights, a second for retaliation, and a third for tampering with his mail. He appealed the denial of the three grievances in accordance with prison procedure.

Harbin-Bey filed the present lawsuit in January of 2003, alleging that the defendants’ conduct in applying and enforcing the prison’s STG policies against him violated his constitutional rights to (1) equal protection, (2) due process, (3) access to the courts, (4) freedom from censorship of his mail and publications, (5) freedom of religion, and (6) freedom from retaliation. He sought both equitable and monetary relief.

With the exception of Harbin-Bey’s retaliation claim against Rutter, the district court dismissed Harbin-Bey’s complaint on the basis that it failed to state a claim upon which relief can be granted. The court also denied Harbin-Bey’s motion to alter or amend the judgment. Rutter subsequently filed a motion for summary *575 judgment on the retaliation claim, which was granted by the district court on the recommendation of the magistrate judge. This timely appeal followed.

On appeal, Harbin-Bey reasserts all of his original claims other than the one based on freedom of religion. He also argues that the district court abused its discretion when it denied his motion to supplement his complaint as to the retaliation claim. Finally, Harbin-Bey argues that the district court abused its discretion in ruling that he had failed to exhaust his administrative remedies with respect to defendants Martin and Powell.

II. ANALYSIS

A. Standard of review

We review de novo the dismissal of a prisoner’s complaint on the basis that it failed to state a claim upon which relief can be granted. McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997). In determining whether a prisoner has failed to state a claim, we construe his complaint in the light most favorable to him, accept his factual allegations as true, and determine whether he can prove any set of facts that would entitle him to relief. Turker v. Ohio Dep’t of Rehab. & Corrs., 157 F.3d 453, 456 (6th Cir.1998).

We also review de novo a district court’s grant of summary judgment. Minadeo v. ICI Paints, 398 F.3d 751, 756 (6th Cir.2005). Summary judgment is proper where there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). In considering a motion for summary judgment, the district court must construe all reasonable inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The central issue is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

B.

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Bluebook (online)
420 F.3d 571, 2005 U.S. App. LEXIS 17511, 2005 WL 1981877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-harbin-bey-v-lyle-rutter-ca6-2005.