Smith v. Secretary, Florida Department of Corrections

358 F. App'x 60
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 21, 2009
Docket09-11423
StatusUnpublished

This text of 358 F. App'x 60 (Smith v. Secretary, Florida Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Secretary, Florida Department of Corrections, 358 F. App'x 60 (11th Cir. 2009).

Opinion

PER CURIAM:

Glenn C. Smith, proceeding pro se, appeals the dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim for relief and the denial of his motion for relief from the judgment under Rule 60(b), Federal Rules of Civil Procedure. As to the complaint, Smith argues that the district court erred by (1) dismissing his retaliation claims, (2) dismissing his due process claims, and (3) finding that a prison rule requiring inmates to comply with all orders issued by the guards is constitutional. He also argues that the district court *62 abused its discretion by denying his motion for relief from the judgment because his complaint stated a claim for relief.

I.

First, Smith argues that the district court erred by dismissing his retaliation claims, in which he claimed that prison guards filed a retaliatory disciplinary report against him for exercising his First Amendment right to protest cold conditions in his cell by covering his air vent.

“A district court’s decision to dismiss for failure to state a claim under 28 U.S.C. § 1915A is reviewed de novo, taking the allegations in the complaint as true.” Boxer X v. Harris, 437 F.3d 1107, 1110 (11th Cir.2006). “Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998).

Section 1915A of the Prison Litigation Reform Act provides that “[t]he court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). Upon review, the court is to identify cognizable claims, or dismiss the complaint or portions thereof that are “frivolous, malicious, ... fail [ ] to state a claim upon which relief may be granted, or seek [ ] monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b). “A complaint is subject to dismissal for failure to state a claim if the allegations, taken as true, show the plaintiff is not entitled to relief.” Jones v. Bock, 549 U.S. 199, 215, 127 S.Ct. 910, 920, 166 L.Ed.2d 798 (2007). A prisoner’s “complaint must contain enough facts to state a claim of retaliation by prison officials that is plausible on its face.” Douglas v. Yates, 535 F.3d 1316, 1321 (11th Cir.2008) (internal quotation marks omitted).

“The First Amendment forbids prison officials from retaliating against prisoners for exercising the right of free speech.” Farrow v. West, 320 F.3d 1235, 1248 (11th Cir.2003). It is well established that a prisoner exercises his First Amendment right when he complains about his conditions of confinement. Id. To state a retaliation claim, a plaintiff must allege that (1) his speech or act was constitutionally protected, (2) the defendant’s retaliatory conduct adversely affected the protected speech, and (3) there is a causal connection between the retaliatory actions and the adverse effect on speech. Smith v. Mosley, 532 F.3d 1270, 1276 (11th Cir.2008). To establish a claim for retaliation, the inmate must show a causal connection between his protected conduct and the prison official’s action. Farrow, 320 F.3d at 1248-49.

Accepting the allegations of the complaint as true, prison officers issued Smith a disciplinary report because he refused to obey an order to uncover his air vent, which he had covered to block cold air from coming out of it. Thus, the allegations of the complaint establish that prison officials issued the report because he failed to comply with an order, not because he engaged in First Amendment expression. Accordingly, we conclude that the district court correctly found that there was no causal connection between any protected expression and the disciplinary report.

II.

Next, Smith argues that the district court erred by dismissing his due process claims, in which he claimed that prison officials wrongfully subjected him to *63 disciplinary confinement in connection with the disciplinary report discussed above. Smith contends that he had a liberty interest in being free from disciplinary confinement.

The Due Process Clause protects against deprivations of “life, liberty, or property without due process of law.” U.S. Const. Amend. XIV. “A § 1983 action alleging a procedural due process clause violation requires proof of three elements: deprivation of a constitutionally-protected liberty or property interest; state action; and eonstitutionally-inadequate process.” Cryder v. Oxendine, 24 F.3d 175, 177 (11th Cir.1994). This Court has recognized two situations in which a prisoner, who already has been deprived of liberty in the traditional sense, can further be deprived of his liberty, such that due process is required. Kirby v. Siegelman, 195 F.3d 1285, 1290-91 (11th Cir.1999). First, a prisoner is entitled to due process when a change in his conditions of confinement “is so severe that it essentially exceeds the sentence imposed by the court.” Id. at 1291. Second, due process is required “when the state has consistently bestowed a certain benefit to prisoners, ... and the deprivation of that benefit imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Id. (internal quotation marks omitted). The Supreme Court has held that placement in disciplinary confinement for 30 days did not give rise to a protected liberty interest where the punishment, “with insignificant exceptions, mirrored those conditions imposed upon inmates in administrative segregation and protective custody.” Sandin v. Conner, 515 U.S. 472, 475-76, 486, 115 S.Ct. 2293, 2296, 2301, 132 L.Ed.2d 418 (1995).

Here, although Smith asserted a number of ways in which disciplinary confinement differed from being in the general prison population, he also conceded that the conditions in disciplinary confinement essentially were the same as the conditions in administrative confinement.

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Related

Pope v. Hightower
101 F.3d 1382 (Eleventh Circuit, 1996)
Mays v. United States Postal Service
122 F.3d 43 (Eleventh Circuit, 1997)
Tannenbaum v. United States
148 F.3d 1262 (Eleventh Circuit, 1998)
Kirby v. Siegelman
195 F.3d 1285 (Eleventh Circuit, 1999)
Dean Effarage Farrow v. Dr. West
320 F.3d 1235 (Eleventh Circuit, 2003)
Robert Drago v. Ken Jenne
453 F.3d 1301 (Eleventh Circuit, 2006)
Arthur v. King
500 F.3d 1335 (Eleventh Circuit, 2007)
Douglas v. Yates
535 F.3d 1316 (Eleventh Circuit, 2008)
Smith v. Mosley
532 F.3d 1270 (Eleventh Circuit, 2008)
Sandin v. Conner
515 U.S. 472 (Supreme Court, 1995)
Jones v. Bock
549 U.S. 199 (Supreme Court, 2007)
Mable Y. Burnam v. Amoco Container Company
738 F.2d 1230 (Eleventh Circuit, 1984)
Cryder v. Oxendine
24 F.3d 175 (Eleventh Circuit, 1994)
Boxer X v. Harris
437 F.3d 1107 (Eleventh Circuit, 2006)

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Bluebook (online)
358 F. App'x 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-secretary-florida-department-of-corrections-ca11-2009.