Randle v. Pratt

299 F. App'x 466
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 19, 2008
Docket07-40831
StatusUnpublished
Cited by12 cases

This text of 299 F. App'x 466 (Randle v. Pratt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randle v. Pratt, 299 F. App'x 466 (5th Cir. 2008).

Opinion

PER CURIAM: *

Joe Richard Randle, Jr., Texas Prisoner # 644080, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action against Lieutenant D. Woods (‘Woods”) and various other parties. Randle accuses Woods and several other prison officials of harassment, conspiracy, violations of due process, deliberate indifference and retaliation in connection with his use of the prison grievance system; he seeks declaratory and injunctive relief as well as monetary damages. The magistrate judge conducted an evidentiary hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), and issued a Report and Recommendation (“R & R”) recommending that all of Randle’s claims except for the retaliation claim against Woods be dismissed as frivolous. Woods moved for summary judgment, and the magistrate judge issued a second R & R recommending that the claim against Woods be dismissed as Randle had failed to exhaust his administrative remedies. The district court dismissed Randle’s claims against all but Woods as frivolous, and dismissed the remaining claim against Woods for failure to exhaust administrative remedies.

The district court properly dismissed Randle’s claim against Woods, as Randle failed to properly exhaust his administrative remedies. The magistrate judge determined that Randle had not presented his complaint to prison officials in compliance with the two-step process established by the Texas Department of Criminal Justice (“TDCJ”). Each issue in the complaint must be presented in a step one grievance, and may subsequently be appealed in a step two grievance procedure. Offenders are not allowed to present new issues in step two. Randle’s complaint against Woods is raised for the first time in Randle’s step two grievance, in violation of TDCJ requirements that only one issue per grievance be presented and that each issue have been filed at step one. The Supreme Court held in Woodford v. Ngo, 548 U.S. 81, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006), that the exhaustion remedy contained in the Prison Reform Litigation Act (“PLRA”) mandates “proper exhaustion,” which means compliance with prison procedural rules and deadlines. Id. at 92-93, 126 S.Ct. 2378. A grievance must be pursued through both steps of the TDCJ system before it can be considered exhausted. See Johnson v. Johnson, 385 F.3d 503, 515 (5th Cir.2004). It is clear that Randle did not raise his claim against Woods until step two of the process, thus failing to meet the exhaustion requirement.

The district court also properly dismissed Randle’s other claims of retaliation and ancillary claims of harassment, conspiracy and deliberate indifference. In order to state a valid claim for retaliation under § 1983, a prisoner must allege the following: (1) a specific constitutional right; (2) the defendant’s intent to retaliate against the prisoner for the exercise of that right; (3) a retaliatory adverse act; and (4) causation. Jones v. Greninger, 188 F.3d 322, 324-325 (5th Cir.1999). If the inmate cannot point to a specific constitutional right that has been violated, the *468 claim will fail. Id. at 325 (citing Tighe v. Wall 100 F.3d 41, 43 (5th Cir.1996)). Mere conclusory statements that retaliation occurred are not sufficient; “The inmate must produce direct evidence of motivation or, the more probable scenario, ‘allege a chronology of events from which retaliation may plausibly be inferred.’ ” Id. (citing Woods v. Smith, 60 F.3d 1161, 1166 (5th Cir.1995)).

Randle cites four specific instances of alleged retaliation: a disciplinary case that was brought out-of-time, a disciplinary case regarding the covering of a light in his cell, a disciplinary case regarding his refusal to return to quarters, and a unit classification committee hearing that he was not allowed to attend and in which his line class status was changed. The first claim fails as the magistrate judge determined that the first disciplinary case was not brought out-of-time and that there was a valid basis for the issuance of the disciplinary case. Randle’s second claim fails as the Randle concedes that the disciplinary case in question was dismissed, thus removing any injury for which Randle might have a claim. Randle’s third claim fails as he does not deny that he refused to return to his quarters when instructed to do so, and thus cannot show that, but for the alleged retaliatory motive, he would not have received the case. Johnson v. Rodriguez, 110 F.3d 299, 310 (5th Cir. 1997). Randle’s final claim also fails as a change in line class status does not implicate a cognizable constitutional liberty interest. See Luken v. Scott, 71 F.3d 192, 193 (5th Cir.1995).

To the extent that Randle raises a due process challenge to the hearing he was not allowed to attend, however, the district court erroneously held that he could not proceed under 42 U.S.C. § 1983. The magistrate judge’s report states that Randle received a disciplinary case on September 17, 2005 for failure to obey an order and refusal to return to his cell. The magistrate’s report indicates that Randle made some statements explaining his behavior; however, the report then states that “the hearing record reflects that Randle was excluded from the hearing.” As punishment for that case, Randle received 45 days of cell and commissary restrictions and the loss of 20 days of good time.

The district court dismissed Randle’s claim, holding under Edwards v. Balisok, 520 U.S. 641, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997), and Clarke v. Stalder, 154 F.3d 186 (5th Cir.1998), that a prisoner may not pursue monetary damages for disciplinary cases absent a showing that the result has been reversed and expunged. However, the district court did not properly apply Edwards in this case. In Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the Supreme Court held that a prisoner cannot maintain a § 1983 action for monetary damages if “establishing the basis for the damages claim necessarily demonstrates the invalidity of the conviction,” id. at 481-82, 114 S.Ct. 2364, unless the prisoner can prove that “the conviction or sentence has already been invalidated,” id. at 487, 114 S.Ct. 2364. In

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299 F. App'x 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randle-v-pratt-ca5-2008.