Obriecht v. Raemisch

565 F. App'x 535
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 23, 2014
DocketNo. 13-2459
StatusPublished
Cited by29 cases

This text of 565 F. App'x 535 (Obriecht v. Raemisch) 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
Obriecht v. Raemisch, 565 F. App'x 535 (7th Cir. 2014).

Opinion

ORDER

Andrew Obriecht, a Wisconsin inmate, was disciplined for misconduct. He filed this action under 42 U.S.C. § 1983 claiming that he was disciplined without due process and in retaliation for submitting grievances about prison conditions. The district court granted summary judgment for the defendants. We affirm that decision.

Obriecht was convicted of six counts of sexual assault for, among other things, barging in on a high school girl while she was in a bathroom stall and touching her leg, and for entering a high school girls’ locker room. While in prison he obtained the names and addresses of several recent high school graduates from the community and wrote them letters. The young women and their families were distressed by the unsolicited letters. Several complained and requested that Obriecht not contact them.

When a prison employee discovered that Obriecht had written the letters while working at his job in the library, the employee drafted a disciplinary report accusing Obriecht of using a library typewriter without authorization while on the job, misusing the mail to send intimidating letters, and possessing contraband (a memo addressed only to prison personnel). In June 2007 Obriecht received a copy of the disciplinary report, was advised of his right to a disciplinary hearing, and was assigned a staff member to serve as his advocate. At the hearing he did not deny writing the young women or using library time and equipment. The hearing officer found Obriecht guilty and imposed 180 days of disciplinary segregation as punishment (though he served only 78 days before being transferred to a higher-security facility). Obriecht also lost his job. His administrative appeals were denied, and later that year he was denied parole.

In May 2011 Obriecht filed a second amended complaint naming more than a dozen defendants, including two members of the state’s parole commission and everyone connected with the disciplinary process and its aftermath. Essentially he claimed — relying on several overlapping theories — that the defendants had fabricated the disciplinary charge, punished him with segregation, taken away his job, transferred him to a higher-security prison, and denied him parole, all in retaliation for three grievances about prison conditions he had submitted in March and May 2007. The submission of those grievances, he asserted, was protected by the First Amendment.

Obriecht had asked the district court to enlist counsel when he filed his original complaint, but the court denied that motion without prejudice after concluding that the complaint must be amended to comply with Federal Rule of Civil Procedure 8(a). Obriecht renewed his request for counsel the following month when he filed his first amended complaint. But Obriecht’s new complaint had grown longer and now included more than 40 defendants instead of the original 7. Again the court concluded that the complaint must be amended and denied without prejudice Obriecht’s request for counsel. The court explained that a decision about the need for counsel would be premature until [538]*538Obriecht had filed a “focused complaint that is short and plain rather than an encyclopedia of all the various, but unrelated, wrongs he has suffered.” Obriecht then filed his second amended complaint, but he did not request counsel again after the court screened that complaint and allowed it to proceed.

The case proceeded against 13 defendants. (The defendants and the district judge count 17, but Obriecht’s second amended complaint names only 14 defendants, one of whom the district court dismissed at screening. Whether the number is 13 or 17 makes no difference on appeal.) In granting summary judgment for the defendants, the district court reasoned that all but four of them had submitted undisputed evidence that they knew nothing about Obriecht’s three grievances when they participated in the events he characterizes as retaliatory. And the four defendants who did know about the grievances, the court continued, were not involved directly in lodging or investigating the disciplinary report, conducting the disciplinary hearing, taking away Obriecht’s job, transferring him to a more-secure facility, or denying him parole. Thus, the court noted, none of them had participated in any adverse action that could lead to liability. In addition, the court concluded, Obriecht could not establish that he was deprived of due process because he did not offer sufficient evidence of a protected liberty interest.

On appeal Obriecht first challenges the district court’s determination that, except for a few defendants, he cannot even establish knowledge of the grievances underlying his theory of retaliation. This knowledge, Obriecht maintains, is shown by the affidavits he submitted from several inmates who attest that information about inmate grievances spreads rapidly among prison staff. A genuine issue of material fact exists, he argues, because prison staff could have known that he submitted the grievances. He also argues that the defendants’ affidavits denying knowledge should be discounted because those denials are “self serving.”

The district court correctly ruled for these defendants on the retaliation claim. Obriecht engaged in protected First Amendment activity when he submitted his three grievances about prison conditions. See Gomez v. Randle, 680 F.3d 859, 866 (7th Cir.2012); Watkins v. Kasper, 599 F.3d 791, 798 (7th Cir.2010). But as the district court explained, he could not prevail on a retaliation claim without evidence that a particular defendant knew about those grievances. See Hobbs v. City of Chicago, 573 F.3d 454, 463 (7th Cir.2009); Tomanovich v. City of Indianapolis, 457 F.3d 656, 668 (7th Cir.2006).

Obriecht offered inmates’ opinions that word about grievances travels quickly through the prison, but none of his inmate witnesses has personal knowledge that any of the defendants actually knew about the grievances. See Payne v. Pauley, 337 F.3d 767, 772 (7th Cir.2003) (noting that affidavits must be based on personal knowledge, not speculation or rumors); Drake v. Minnesota Min. & Mfg. Co., 134 F.3d 878, 887 (7th Cir.1998) (noting that affidavits must be based on specific facts). In contrast, the defendants submitted affidavits denying knowledge about the grievances. Those affidavits, although “self serving” as many affidavits are, rest on personal knowledge and thus were admissible at summary judgment. See Buie v. Quad/Graphics, Inc., 366 F.3d 496, 504 (7th Cir.2004).

Obriecht also challenges the grant of summary judgment in favor of the four remaining defendants who did know about the grievances. As the district court said, these four administrators were not in[539]*539volved directly in sanctioning Obriecht, but each of them did participate in ruling against him when he used the administrative process to appeal the discipline.

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Bluebook (online)
565 F. App'x 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obriecht-v-raemisch-ca7-2014.