Larry Harris v. J. Walls

604 F. App'x 518
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 20, 2015
Docket14-2569
StatusUnpublished
Cited by27 cases

This text of 604 F. App'x 518 (Larry Harris v. J. Walls) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larry Harris v. J. Walls, 604 F. App'x 518 (7th Cir. 2015).

Opinion

ORDER

Larry Harris, an Illinois inmate, contends that prison officials disciplined him in retaliation for his earlier lawsuit over soy in his prison diet and for helping other inmates complain about soy in their diets. He appeals from a grant of summary judgment in favor of the prison officials. Because the undisputed evidence compels the. conclusion that prison officials disciplined Harris for legitimate reasons regardless of any protected speech, we affirm.

We construe the record in the light most favorable to Harris. See Ripberger v. Corizon, Inc., 773 F.3d 871, 873 (7th Cir.2014). While Harris was incarcerated at the Western Illinois Correctional Center, he sued prison officials in 2007 over excessive soy in his prison food, contending that it exacerbated his thyroid disorder and seriously threatened his health. About two months after Harris began receiving a soy-free diet in February 2009, the health-care unit noticed a spate of at least ten nearly identical (in wording) grievances from prisoners simultaneously complaining about excessive soy in their food and resulting health complications.

After the sudden influx of grievances mimicking Harris’s objection to the diet, prison officials — concerned that the grievances were false — investigated whether Harris had violated any prison rules. Lieutenant Steven, Ashcraft.placed Harris in segregation pending the investigation. According to Harris, as Ashcraft put him in segregation the officer profanely expressed his belief that Harris was provoking inmates to file grievances alleging medical complications from soy: “What is your fucking problem here? These [racial slur for an African-American person] 1 had no idea what hypothyroidism was. You had to open your mouth and educate them. Now they are all filing grievances on it.” Another officer reminded Harris that he had already been told “to leave the pen alone” and added, “You was warned. This is my joint and you are the fuck out of here smart ass.”

During the investigation Ashcraft collected statements about the origin of the grievances. An unidentified inmate had written a letter to a correctional officer asserting that Harris was trying to get a “load of people” to “jump[ ] on a soy food lawsuit” by writing down symptoms for them to complain about. Ashcraft also received reports from four confidential informants that Harris was encouraging inmates to lie about the effect of prison food on their health. In particular, the informants said, Harris had distributed.a letter detailing how to complain about the soy diet, typed grievances for inmates, instructed them on what medical relief to *520 demand from health care to support their grievances, and told one informant that soy was causing the informant’s stomach pain. Ashcraft also took a statement from Harris, who denied circulating the letter or filing grievances for other inmates.

Ashcraft concluded that Harris had violated prison rules. First, he reported that Harris had lied about his involvement with the grievances. Second, he found that Harris “was attempting to unite other inmates in a concerted effort to file false grievances and make unsupported allegations about health issues and the food at the facility.” Ashcraft formally charged Harris with giving false information to employees, III. Admin. Code tit. 20, § 504 App. A § 303, operating a business venture, id. at App. A § 309, and soliciting or conspiring with others to violate prison rules, id. at App. A § 601.

.After a hearing, a disciplinary committee found Harris guilty of these charges. At the hearing, Harris conceded that, as a “jailhouse lawyer,” he had helped type grievances for his mentally disabled cellmate and for another inmate who requested his help, and he speculated that other inmates must have used one of those grievances as a template. But he insisted that he had done nothing more and surmised that officials were retaliating against him simply because he and other prisoners had filed grievances. The committee also received the results of Ashcraft’s investigation reflecting the statements from the informants that Harris had spurred grievances about unsubstantiated health complications from soy. In the end, the committee disbelieved Harris, found him guilty, and disciplined him with three months of segregation, three months of lost telephone and commissary privileges, revocation of three months of good-conduct credit, and a disciplinary transfer. After an administrative appeal, only one month of good-conduct credit was revoked, and that month later was restored because of Harris’s “improved conduct.”

Invoking 42 U.S.C. § 1983, Harris has sued Ashcraft and others involved in the discipline, alleging that they punished him for exercising his First Amendment right to file his own grievance and lawsuit about soy and to help other inmates file similar grievances. The district court initially thought that Harris’s suit was barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), because any success on his § 1983 claim would upset the decision to revoke his good-conduct credits, see Edwards v. Balisok, 520 U.S. 641, 645-46, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997). But the court allowed Harris’s complaint to proceed after his good-conduct credit was restored, see Burd v. Sessler, 702 F.3d 429, 435 (7th Cir.2012); DeWalt v. Carter, 224 F.3d 607, 613 (7th Cir.2000), and the defendants do not challenge that decision.

The court then granted the defendants’ motion for summary judgment. The defendants had argued that Harris was disciplined, not because he filed his own grievance or lawsuit, but because he incited other inmates to join his crusade against soy, encouraged them to file false grievances, and then lied about his actions. Harris had replied that no grievances were found to be false and he had not promoted a “business venture.” Therefore, he believed, the defendants must have disciplined him for protected conduct. The district court assumed without deciding that Harris had a protected right to assist other inmates to file truthful grievances. But it concluded that the undisputed evidence did not permit an inference that Harris’s protected activity caused the disciplinary actions.

On appeal Harris maintains that he presented a triable case that the defendants *521 punished him in retaliation for First Amendment activity. To survive summary judgment on a First Amendment retaliation claim, Harris needed to present evidence from which a reasonable jury could conclude that (1) he engaged in protected First Amendment activity, (2) he suffered a deprivation that would likely deter future First Amendment activity, and (8) the protected activity cáused the deprivation. See Watkins v. Kasper, 599 F.3d 791

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Bluebook (online)
604 F. App'x 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-harris-v-j-walls-ca7-2015.