Randle Griffin v. Mary Berghuis

563 F. App'x 411
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 21, 2014
Docket12-2363
StatusUnpublished
Cited by185 cases

This text of 563 F. App'x 411 (Randle Griffin v. Mary Berghuis) 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
Randle Griffin v. Mary Berghuis, 563 F. App'x 411 (6th Cir. 2014).

Opinions

GRIFFIN, Circuit Judge.

Michigan state prisoner Randle Griffin appeals the entry of summary judgment in favor of defendants in this 42 U.S.C. § 1988 civil rights action, which asserts two sets of First Amendment retaliation claims against prison officials at two different prisons. The first set of plaintiff Griffin’s claims alleges that he was removed from participation in the Warden’s Forum — an elected inmate body that liaised with prison officials about inmate interests — and transferred to a different facility after he wrote a letter to the warden’s regional supervisor. Plaintiffs second batch of claims asserts that defendant officers conspired to — and did — file at least one false misconduct charge against him in retaliation for his participation as a witness in an investigation into the treatment of a fellow prisoner. The magistrate judge recommended entering summary judgment in favor of defendants on all of plaintiffs claims. The district court agreed and entered judgment accordingly.

We affirm the entry of judgment against plaintiffs first set of claims, but reverse the entry of judgment regarding his second set of claims. The claims related to Griffin’s letter fail because his letter-writing was not protected by the First Amendment: defendant prison officials asserted that plaintiffs letter jeopardized prison security, and the record supports this assertion. Regarding Griffin’s second group of claims, the defendant officers concede that he engaged in protected conduct and suffered an adverse action, and their argument that plaintiff failed to demonstrate causation amounts only to a request that this court disbelieve the evidence that he has corralled. Because factual disputes precluded entry of summary judgment against plaintiffs claims related to his receipt of a false misconduct charge, we reverse and remand regarding these claims.

I.

Griffin was elected in late July 2010 as an inmate representative to the Warden’s Forum at Earnest C. Brooks Correctional Facility, where he was then imprisoned. Comprised of inmates elected to serve as representatives of the prison population, the Warden’s Forum is a feature of Michigan prisons that is intended “to assist the Warden in identifying and resolving problems which exist in the general population of the institution.” See Michigan Department of Corrections (“MDOC”) Policy Directive No. 04.01.150, ¶ L (March 5, 2007). Because the purpose of the Warden’s Forum is to facilitate the resolution of inmate complaints about “matters of concern to the general prisoner population,” elected representatives may not “use their position to present individual complaints to the administration” but must instead pursue individual grievances “through the grievance process” established by other MDOC regulations. Id. at ¶¶ K, L, O. Representatives who misuse their position on the Warden’s Forum by threatening disorder are subject to removal: “Housing unit representatives serve solely in an advisory capacity to the administration and shall in no way jeopardize the custody, security, or good order of the institution. A housing unit representative who abuses his/her position by creating a serious threat to the custody, security or good order of the institution may be removed and/or permanently prohibited from serving as a housing unit representative.” Id. at ¶ B.

Almost immediately after he was elected to the Warden’s Forum, Griffin and two other newly-elected representatives wrote letters to the regional prison administrator, expressing their concern that they [413]*413might suffer retaliation in the future due to their participation in the Warden’s Forum. Griffin’s letter was as follows:

Dear RPA:
A newly elected Warden Forum is taking office and many fear retaliation for redressing legitimate complaints, e.g. retaliatory transfers e[tc].
We have a very committed Forum and intend on diligently challenging issues of concern to the population, staying within the boundaries of PD-04-01-150. Our job [is] to represent the prisoner population regardless if Administrative Staff might want certain issues addressed.
Collectively, we are asking that the situation be monitored closely. It is not up to MDOC Staff to conclude what they think is best for the prisoner population, e.g., the curr[e]nt cable contract, improper ventilation in the housing units, food quality, etc. We desire change and plan on achieving such through diligent and professional redress.
No LRF Representative should be retaliated against.

Griffin sent copies of his letter to several other individuals, including Warden Ber-ghuis and his fellow Warden’s Forum members.

The first meeting of the newly-elected Forum occurred on August 10, 2010, when Assistant Deputy Warden Mark Sutherby met with the new representatives. At that meeting, Griffin and his two fellow lettersmiths were elected to key committee positions on the Forum, including its chairmanship. And they were uncannily prepared for their new positions: immediately after their election, Griffin and his fellow committee members presented Sutherby with an agenda that had been prepared prior to the meeting. Sutherby was not enthused by the fact that the newly-elected leadership presented him with an agenda that had been prepared before the meeting took place and before they had been selected to head the Forum, but the Forum members “gave support” to their new leaders and ultimately received Sutherby’s permission to submit their agenda items to the warden, Mary Ber-ghuis.

Three days after the meeting, Sutherby began preparing transfer orders for Griffin and the two other inmates who had written to the regional prison administrator. On August 17, Griffin received a letter from Warden Berghuis informing him that he had been removed from the Warden’s Forum. According to Berghuis’ letter, Griffin’s participation on the Forum was ended

because your behavior as a member of the Warden’s Forum has jeopardized the good order of the facility. You, along with other Forum members, sent an inappropriate memo to the Regional Prison Administrator that demeans the character of staff and was clearly an attempt at an organized protest on various issues that have been repeatedly covered by previous Warden’s Forum members in an appropriate fashion.

Griffin’s fellow letter-writers were transferred only days after the Forum meeting. Griffin, who was subject to a medical hold, was transferred to Gus Harrison Correctional Facility in September 2010 and claims that, due to his transfer, he lost his relatively well-paying prison job and his family had difficulty visiting him.

At Gus Harrison, Griffin was again elected to the Warden’s Forum. In February 2011, Griffin served as a witness against Officer Condon in an investigation opened by the Legislative Ombudsman into whether Condon had assaulted another prisoner. According to Griffin, Condon told him on March 2, 2011, that Griffin’s “statement to the Ombudsman will not change a thing, and would only come back [414]*414to bite [Griffin] in the Ass!” Immediately thereafter, asserts Griffin, Condon conspired with two other officers — Officers Downard and McMurtrie — to lodge false misconduct tickets against Griffin, knowing that he would be removed from his position on the Warden’s Forum as a result.

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563 F. App'x 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randle-griffin-v-mary-berghuis-ca6-2014.