E. GRADY JOLLY, Circuit Judge:
Mississippi prisoner Kirby Tate brought suit against prison officials for placing him in super-maximum security, solitary confinement for two years without satisfying due process requirements. Tate appeals the district court’s grant of the defendants’ summary judgment motion and the denial of his motion to reopen. We AFFIRM in part and VACATE in part the district court’s grant of summary judgment, and VACATE the denial of the motion to reopen. We REMAND the case to the district court for further proceedings.
I.
Kirby Tate was sentenced to sixty years of imprisonment without the possibility for parole after being convicted of intent to distribute one half pound of marijuana.1 [722]*722Until February 22, 2008, Tate’s prison classification was “B Custody,” which entitled him to substantial privileges, including contact visitation with his family, ability to watch television, and recreation time with other prisoners. On February 22, 2008, Tate was validated as a Security Threat Group “Disruptive Core Leader” by prison officials, who charged that Tate was a leader of the prison gang the Simon City Royals. Consequently, Tate was reclassified as “D Custody” and relocated to Unit 32 at Parchman, with super-maximum security, solitary confinement conditions. In response to his reclassification, Tate brought this federal suit against numerous Mississippi Department of Corrections (MDOC) officials, asserting that they denied him access to courts, disciplined him as a form of retaliation, and reclassified him from B Custody to the super-maximum security D Custody without a hearing or written disclosure of the facts used to make the determination that he was a gang leader all in violation of his due process rights.
This case presents a somewhat confused record both procedurally and substantively. Although the initial pleadings seem to have been brought under the consent decree of Presley v. Epps, Civil Action No. 4:05CV148, the complaint also alleged, without citing the statute, certain 42 U.S.C. § 1983 constitutional claims relating to retaliation, access to courts, and denial of due process rights. The defendants have never raised the propriety of Tate’s claim proceeding only under Presley as a defense or otherwise, but instead— apparently acknowledging that the complaint alleged a § 1983 claim — moved for summary judgment on the grounds that there was no issue of material fact and that Tate’s classification was in compliance with the Mississippi Department of Cor[723]*723rections guidelines and not violative of Tate’s constitutional rights.2
Tate’s original complaint, filed on June 6, 2008, included allegations that prison officials were improperly interfering with his access to courts. His complaint read, in relevant part:
MDOC officials have systematically interfered with my access to courts not only in my habeas petitions, but also in my attempts to file this complaint. They have intentionally tried to make me miss deadlines, confiscated stamps provided by my attorney, monitored confidential attorney client telephone calls, and censored confidential attorney-client mail, including this Complaint.
Tate’s complaint was signed “Kirby Tate by, Sylvia Owen [Attorney for Plaintiff]” and was executed at Unit 32, Parchman, Mississippi.
The defendants moved for summary judgment but did not assert that Tate’s affidavit did not constitute competent evidence. On February 25, 2009, the Magistrate Judge filed a Report and Recommendation in which he sua sponte raided the issue and ruled that Tate’s complaint did not constitute admissible evidence because it was signed by Tate’s counsel, rather than Tate. Accordingly, he found that there was no bona fide dispute of material facts. The magistrate judge also sua sponte addressed Tate’s access to courts claim — not addressed by the defendants’ motion for summary judgment — and found that Tate had not stated a claim. Further, the magistrate judge recommended, sua sponte, that Tate’s complaint be dismissed with prejudice for failure to state a claim because an individual prisoner cannot state a claim based upon failure to comply with the provisions of Presley.
Tate’s objections to the Report and Recommendation were due by March 11, 2009. Tate’s counsel filed a motion for extended time, noting that prison officials refused to allow Tate to have his affidavit notarized. The court granted the motion, giving Tate until March 25 to submit his objections. On March 25, Tate filed a brief in support of objections and also a notice of technical difficulty regarding a scanner malfunction. On March 30, the district court issued an opinion overruling Tate’s objections to the Report and Recommendation and approving and adopting the Report and Recommendation. On the same day, Tate filed a motion to reconsider, stating that “[d]ue to a scanner malfunction and prison legal mail it was not possible to file the [exhibits,” which included over thirty pages, including Tate’s affidavit and the affidavit of his counsel. On April 13, 2009, Tate filed an amended motion for reconsideration. On April 16, 2009, the district court issued an order denying Tate’s motion to reopen, finding that Tate had failed to produce a legal or factual basis to alter the court’s ruling. Tate timely appealed.
II.
We begin by noting that the district court cited cases holding that prisoners have no liberty interest in their classification. To the extent that the summary judgment disposition of this case relied upon such cases, particularly Hernandez v. Velasquez, 522 F.3d 556, 563-64 (5th Cir.2008) and Pichardo v. Kinker, 73 F.3d 612, 612-13 (5th Cir.1996), the district court erred in not considering Wilkinson v. Austin, 545 U.S. 209, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005), which constitutes a crucial exception to the general rule that a prisoner has no liberty interest in his classification: that is, when the prisoner is [724]*724incarcerated in super-maximum security conditions, as was Tate.
We review the district court’s denial of a motion to reconsider for abuse of discretion. When deciding whether to grant a motion to reconsider, the trial court should consider the importance and probative value of the evidence, the reason for the moving party’s failure to introduce the evidence earlier, and the possibility of prejudice to the non-moving party. Garcia v. Woman’s Hosp. of Tex., 97 F.3d 810, 814 (5th Cir.1996). Additionally, the decision of the district court “will not be disturbed in the absence of a showing that it has worked an injustice.” Id.
With this in mind, we evaluate the district court’s denial of Tate’s motion for reconsideration. Tate contends that he presented significant new and admissible evidence that the magistrate judge and district court refused to consider on grounds that his original complaint was not signed.
Free access — add to your briefcase to read the full text and ask questions with AI
E. GRADY JOLLY, Circuit Judge:
Mississippi prisoner Kirby Tate brought suit against prison officials for placing him in super-maximum security, solitary confinement for two years without satisfying due process requirements. Tate appeals the district court’s grant of the defendants’ summary judgment motion and the denial of his motion to reopen. We AFFIRM in part and VACATE in part the district court’s grant of summary judgment, and VACATE the denial of the motion to reopen. We REMAND the case to the district court for further proceedings.
I.
Kirby Tate was sentenced to sixty years of imprisonment without the possibility for parole after being convicted of intent to distribute one half pound of marijuana.1 [722]*722Until February 22, 2008, Tate’s prison classification was “B Custody,” which entitled him to substantial privileges, including contact visitation with his family, ability to watch television, and recreation time with other prisoners. On February 22, 2008, Tate was validated as a Security Threat Group “Disruptive Core Leader” by prison officials, who charged that Tate was a leader of the prison gang the Simon City Royals. Consequently, Tate was reclassified as “D Custody” and relocated to Unit 32 at Parchman, with super-maximum security, solitary confinement conditions. In response to his reclassification, Tate brought this federal suit against numerous Mississippi Department of Corrections (MDOC) officials, asserting that they denied him access to courts, disciplined him as a form of retaliation, and reclassified him from B Custody to the super-maximum security D Custody without a hearing or written disclosure of the facts used to make the determination that he was a gang leader all in violation of his due process rights.
This case presents a somewhat confused record both procedurally and substantively. Although the initial pleadings seem to have been brought under the consent decree of Presley v. Epps, Civil Action No. 4:05CV148, the complaint also alleged, without citing the statute, certain 42 U.S.C. § 1983 constitutional claims relating to retaliation, access to courts, and denial of due process rights. The defendants have never raised the propriety of Tate’s claim proceeding only under Presley as a defense or otherwise, but instead— apparently acknowledging that the complaint alleged a § 1983 claim — moved for summary judgment on the grounds that there was no issue of material fact and that Tate’s classification was in compliance with the Mississippi Department of Cor[723]*723rections guidelines and not violative of Tate’s constitutional rights.2
Tate’s original complaint, filed on June 6, 2008, included allegations that prison officials were improperly interfering with his access to courts. His complaint read, in relevant part:
MDOC officials have systematically interfered with my access to courts not only in my habeas petitions, but also in my attempts to file this complaint. They have intentionally tried to make me miss deadlines, confiscated stamps provided by my attorney, monitored confidential attorney client telephone calls, and censored confidential attorney-client mail, including this Complaint.
Tate’s complaint was signed “Kirby Tate by, Sylvia Owen [Attorney for Plaintiff]” and was executed at Unit 32, Parchman, Mississippi.
The defendants moved for summary judgment but did not assert that Tate’s affidavit did not constitute competent evidence. On February 25, 2009, the Magistrate Judge filed a Report and Recommendation in which he sua sponte raided the issue and ruled that Tate’s complaint did not constitute admissible evidence because it was signed by Tate’s counsel, rather than Tate. Accordingly, he found that there was no bona fide dispute of material facts. The magistrate judge also sua sponte addressed Tate’s access to courts claim — not addressed by the defendants’ motion for summary judgment — and found that Tate had not stated a claim. Further, the magistrate judge recommended, sua sponte, that Tate’s complaint be dismissed with prejudice for failure to state a claim because an individual prisoner cannot state a claim based upon failure to comply with the provisions of Presley.
Tate’s objections to the Report and Recommendation were due by March 11, 2009. Tate’s counsel filed a motion for extended time, noting that prison officials refused to allow Tate to have his affidavit notarized. The court granted the motion, giving Tate until March 25 to submit his objections. On March 25, Tate filed a brief in support of objections and also a notice of technical difficulty regarding a scanner malfunction. On March 30, the district court issued an opinion overruling Tate’s objections to the Report and Recommendation and approving and adopting the Report and Recommendation. On the same day, Tate filed a motion to reconsider, stating that “[d]ue to a scanner malfunction and prison legal mail it was not possible to file the [exhibits,” which included over thirty pages, including Tate’s affidavit and the affidavit of his counsel. On April 13, 2009, Tate filed an amended motion for reconsideration. On April 16, 2009, the district court issued an order denying Tate’s motion to reopen, finding that Tate had failed to produce a legal or factual basis to alter the court’s ruling. Tate timely appealed.
II.
We begin by noting that the district court cited cases holding that prisoners have no liberty interest in their classification. To the extent that the summary judgment disposition of this case relied upon such cases, particularly Hernandez v. Velasquez, 522 F.3d 556, 563-64 (5th Cir.2008) and Pichardo v. Kinker, 73 F.3d 612, 612-13 (5th Cir.1996), the district court erred in not considering Wilkinson v. Austin, 545 U.S. 209, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005), which constitutes a crucial exception to the general rule that a prisoner has no liberty interest in his classification: that is, when the prisoner is [724]*724incarcerated in super-maximum security conditions, as was Tate.
We review the district court’s denial of a motion to reconsider for abuse of discretion. When deciding whether to grant a motion to reconsider, the trial court should consider the importance and probative value of the evidence, the reason for the moving party’s failure to introduce the evidence earlier, and the possibility of prejudice to the non-moving party. Garcia v. Woman’s Hosp. of Tex., 97 F.3d 810, 814 (5th Cir.1996). Additionally, the decision of the district court “will not be disturbed in the absence of a showing that it has worked an injustice.” Id.
With this in mind, we evaluate the district court’s denial of Tate’s motion for reconsideration. Tate contends that he presented significant new and admissible evidence that the magistrate judge and district court refused to consider on grounds that his original complaint was not signed. Tate’s original complaint noted “MDOC officials have systematically interfered with my access to courts ... in my attempts to file this complaint. They have intentionally tried to make me miss deadlines ... and censored confidential attorney-client mail, including this Complaint.” Furthermore, the objections to the Report and Recommendation and the motion to reopen — addressing the basis of the magistrate judge’s ruling, that is, that the complaint had not been signed — also alleged that Tate had not signed and submitted the necessary filings because the prison officials had prevented him from doing so. At oral argument, Tate’s counsel further explained this claim by stating that prison guards refused to permit Tate to sign his pleading when she brought it to him on a visit. Additionally, Tate’s counsel filed motions for extensions of time on March 16 and March 30, 2009, claiming that prison officials were impeding Tate from signing the necessary documents.3 Where important, probative evidence was not before the court because of the potentially illegal actions of defendants, an injustice has been suggested.
Tate’s complaint was both important and probative to the appropriateness of granting the motion for summary judgment. The potential viability of Tate’s claim to survive summary judgment is illustrated through the similar case of Hogan v. Epps, 2009 WL 4785860 (S.D.Miss., Dec.8, 2009) (unpublished). In Hogan, the prisoner plaintiff alleged that, while housed at Parchman, he was identified as a Security Threat Group leader and transferred to super-maximum security conditions without due process. Id. at *2. The district court denied the state’s summary judgment motion to dismiss Hogan’s due process claim, after finding that:
Defendants have supported their motion with no evidence as to the conditions or restrictions in the STG Units, the nature or frequency of review accorded inmates in the units, or the circumstances under which an inmate may be removed from STG segregation.
Id. at *3. As in Hogan, the defendants here have provided no information about the conditions and restrictions of STG units or the circumstances under which an inmate may be removed from STG segregation.4 Further, the defendants submitted a three-page motion for summary [725]*725judgment and neither party provided a supporting brief with the motion or response. In this light, the importance of Tate’s complaint is clear: it addressed the issues in detail and thus provided significant probative value. We therefore conclude that the district court erred in adopting the magistrate judge’s Report and Recommendation and abused its discretion in not further considering the motion to reopen. The judgment dismissing this complaint is, therefore, VACATED and the case REMANDED.
We suggest that the district court allow a Spears hearing to consider at least two matters. First, the district court should consider Tate’s claim of the denial of access to courts, most particularly whether Tate was improperly prevented from signing his complaint and timely submitting his affidavit contesting the prison’s policy. Second, the district court should consider whether the due process afforded to Tate during his reclassification into D custody, and subsequent review of the custody, satisfy the due process standards referenced in Wilkinson v. Austin,5
Tate also raised an additional claim relating to retaliation. The part of the judgment dismissing the retaliation claim is affirmed. The only viable claims remaining for the court to consider on remand are Tate’s access to courts and due process claims. Accordingly, the judgment of the district court is AFFIRMED, in part, and VACATED, in part, and the case is REMANDED.
AFFIRMED in part; VACATED in part; and REMANDED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.