Mincy v. Klem

277 F. App'x 239
CourtCourt of Appeals for the Third Circuit
DecidedMay 6, 2008
Docket07-1661, 07-1907
StatusUnpublished
Cited by1 cases

This text of 277 F. App'x 239 (Mincy v. Klem) 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
Mincy v. Klem, 277 F. App'x 239 (3d Cir. 2008).

Opinion

OPINION OF THE COURT

CHAGARES, Circuit Judge.

In this consolidated appeal of two separate civil rights actions, Hilton Mincy contends that the District Court erred by granting summary judgment to the defendants, all of whom work for the Pennsylvania Department of Corrections (DOC) in various capacities (hereinafter collectively referred to as Defendants). Although Mincy, an inmate at SCI-Mahanoy, initially sought relief pursuant to a host of alleged constitutional violations, he presses here only one claim: that DOC unlawfully retaliated against him for exercising his First Amendment rights. We will affirm the District Court’s grants of summary judgment.

I.

On November 10, 2004, Mincy’s cellmate had an altercation with an Officer Kehoe. Three days later, Mincy was interviewed as part of the investigation into the alter *242 cation. On November 23, 2004, prison administrators decided to move Mincy upon Kehoe’s return to work so that he would not have to interact with Kehoe further. Mincy filed a grievance that day (Number 102459) charging that DOC moved him in retaliation for his testimony. This grievance was heard, and denied, with the hearing officer concluding that the move was made to advance institutional security. Mincy’s appeal of this denial failed.

On November 27, 2004, after being moved, Mincy was charged with a misconduct for refusing to obey an order and for refusing to stand count, and a hearing officer sanctioned him to 54 days in the Restricted Housing Unit (RHU). Mincy unsuccessfully appealed this misconduct through all levels of review.

On December 1, 2004, Mincy was admitted to the infirmary for psychiatric observation because he had begun a “hunger strike.” He claimed that his hunger strike aimed to protest DOC’s denial of certain basic toiletry items to him in the RHU. All inmates who refuse to eat or drink are sent to the infirmary and are kept in a Psychiatric Observation Cell (POC). After being examined by a psychologist, being counseled, and signing a form regarding the effects of malnourishment, Mincy assured the staff that he would eat. He thereafter ate all his meals while in the infirmary, and was discharged the next day. He did, however, file a second grievance (Number 103968) based on the lack of toiletries. After a hearing, the hearing examiner found that Mincy had been issued the toiletries, just like all other inmates in the RHU. Mincy’s appeal of this decision failed.

The three incidents detailed above formed the majority of the basis for Mincy v. Chmielewski, Civ. A. No. 05-292.

On April 3, 2005, while still in the RHU, Mincy claimed to have found “pebbles” in his food. On April 11, 2005, he filed a third grievance (Number 114795), asserting that DOC officers that he named in Chmieleivski were responsible for giving his meal this lithic twist. As part of the investigation into this grievance, Lieutenant Datchko interviewed Mincy, and ordered an investigative search of Mincy’s cell to determine if the rocks came from inside Mincy’s cell. While no pebbles were found in the cell, officials did find unauthorized pills and an unauthorized “transport device” (essentially a long string with an altered toothpaste container at the end of it, to facilitate intra-cell communication by inmates). Mincy was charged with a misconduct for possession of this contraband. Hearing Examiner Kane held a hearing regarding the misconduct, at which Mincy alleged that the cell search was in retaliation for previous grievances filed against the prison. Kane considered both Mincy’s oral and written testimony and oral testimony from the officer who conducted the search and authored the misconduct charge, and ultimately decided that because it was undisputed that Mincy did not have a prescription for the pills, the pills were contraband, and the “transport device” was also contraband. Therefore, Kane found Mincy guilty of the charges in the misconduct, and sentenced Mincy to 60 days of disciplinary custody. Mincy’s administrative appeals failed. The “pebble incident” formed the basis for Mincy v. Klem, Civ. A. No. 05-1458.

II.

The District Court had jurisdiction pursuant to 28 U.S.C. §§ 1331. We have jurisdiction pursuant to 28 U.S.C. § 1291. When reviewing an order granting summary judgment, “[w]e exercise plenary review ... and we apply the same standard that the lower court should have applied.” *243 Farrell v. Planters Lifesavers Co., 206 F.3d 271, 278 (3d Cir.2000).

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In making this determination, “a court must view the facts in the light most favorable to the nonmoving party and draw all inferences in that party’s favor.” Farrell, 206 F.3d at 278. “There must, however, be sufficient evidence for a jury to return a verdict in favor of the nonmoving party; if the evidence is merely colorable or not significantly probative, summary judgment should be granted.” Armbruster v. Uni-sys Corp., 32 F.3d 768, 777 (3d Cir.1994). “A disputed fact is ‘material’ if it would affect the outcome of the suit as determined by the substantive law.” Gray v. York Newspapers, Inc., 957 F.2d 1070, 1078 (3d Cir.1992).

III.

Section 1983 provides a cause of action for constitutional violations by state officials. See 42 U.S.C. § 1983. To succeed on a First Amendment retaliation claim, an inmate plaintiff must prove that: (1) “the conduct which led to the alleged retaliation was constitutionally protected,” Rauser v. Horn, 241 F.3d 330, 333 (3d Cir.2001); (2) the inmate “suffered some adverse action at the hands of the prison officials,” which requires demonstration that the adverse action “was sufficient to deter a person of ordinary firmness from exercising his constitutional rights,” id. (quotation marks omitted); and (3) there is “a causal link between the exercise of his constitutional rights and the adverse action taken against him.” Id. Our Court has incorporated the burden-shifting framework first set forth in Mount Healthy Bd. of Ed. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977), into the prison context.

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Bluebook (online)
277 F. App'x 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mincy-v-klem-ca3-2008.