Tindell v. Beard

351 F. App'x 591
CourtCourt of Appeals for the Third Circuit
DecidedNovember 10, 2009
DocketNo. 09-3063
StatusPublished
Cited by45 cases

This text of 351 F. App'x 591 (Tindell v. Beard) 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
Tindell v. Beard, 351 F. App'x 591 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Archie Tindell, an inmate at the State Correctional Institution at Fayette, appeals from orders by the District Court granting defendants’ motions to dismiss and for summary judgment. For substantially the same reasons as given by the District Court, we will affirm.

I.

In 2007, Tindell filed a complaint alleging various causes of action pursuant to 42 U.S.C. § 1983 against numerous named defendants. Tindell alleged that several [593]*593incidents provided the basis for relief under the First, Fourth, Eighth, and Fourteenth Amendments, as well as under the state constitution and state law.

First, Tindell alleges that his cell was searched without justification and his legal property was improperly removed without due process of law and in violation of the Fourth Amendment. Tindell claims that the search occurred in retaliation for pending civil litigation against prison officials, was racially motivated, and because defendants were engaged in a conspiracy against him. Tindell argues that the improper seizure of his legal materials denied him access to the courts. Tindell also alleges that in the course of seizing property from his cell, a prison officer used excessive force in removing him from his cell.

Second, Tindell asserts that prison officials and medical staff were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Tin-dell, an insulin-dependent diabetic, was sent to the prison’s medical facility where he was force fed by medical staff. Tindell alleges that he was placed in a “hard cell” after he requested that his sugar level be tested. He asserts that this incident violated his rights under the Equal Protection Clause of the Fourteenth Amendment and his right to due process.

Third, Tindell alleges that he was denied due process when misconduct charges were filed against him. He alleges that the hearing examiners conspired against him by delaying his hearing and by denying his requests for “video cameras under exculpable evidence.”

Defendants filed two motions to dismiss: one on behalf of defendant Herbik and one on behalf of all remaining defendants (“DOC” defendants). Tindell did not respond to either. Based on a report by the Magistrate Judge, the District Court dismissed many of the named defendants from Tindell’s suit and all but two of his claims. The two claims that survived dismissal were a retaliation claim against defendants Leggett, Crumb, Ruvo, Caldwell, and Kremposky, and an excessive force claim against defendant Crumb. In addition, the District Court denied Tindell’s motion to amend because the court could discern no new claims in the proposed amended complaint, and denied his motion to remand.

After discovery, defendants filed a motion for summary judgment and provided evidence demonstrating that no genuine issue existed. The Magistrate Judge issued a second report recommending a grant of summary judgment in favor of defendants, which the District Court adopted and denied Tindell relief. Tindell timely appealed.

We have jurisdiction under 28 U.S.C. § 1291. We will summarily affirm if Tin-dell’s appeal presents no substantial question. See 3d Cir. L.A.R. 27.4 and 3d Cir. I.O.P. 10.6. Our review is plenary. See Miller v. Fortis Benefits Ins. Co., 475 F.3d 516, 519 (3d Cir.2007) (motion to dismiss); Kaucher v. County of Bucks, 455 F.3d 418, 422 (3d Cir.2006) (summary judgment).

II.

We consider first the District Court’s order dismissing Tindell’s claims against defendant Herbik, and dismissing claims against the remaining state defendants stemming from the cell search, confiscation of legal property, misconduct charges, and medical treatment. Dismissal is proper if a party fails to allege sufficient factual matter, which, if accepted as true, could “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, — U.S.-, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, [594]*594550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

First, Tindell fails to state a claim for relief when he alleges that the cell search and confiscation of his legal property violated his constitutional rights. Prisoners do not have a right to privacy and freedom from unreasonable searches during incarceration. See Hudson v. Palmer, 468 U.S. 517, 526, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984); Doe v. Delie, 257 F.3d 309, 316 (3d Cir.2001). Seizure of Tindell’s legal property thus cannot constitute a Fourth Amendment violation. Nor is there a due process violation if a meaningful post-deprivation remedy for the loss is available. Hudson, 468 U.S. at 533, 104 S.Ct. 3194. We have previously held that the prison’s grievance program and internal review provide an adequate post-deprivation remedy to satisfy due process. Tillman v. Lebanon County Corr. Facility, 221 F.3d 410, 422 (3d Cir.2000). Tindell has not shown that this post-deprivation procedure was not meaningful. To the extent that Tindell claims that his delayed misconduct hearing deprived him of due process,1 he does not state a claim for relief. See Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); see also Wolff v. McDonnell, 418 U.S. 539, 565-72, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (setting forth due process protections for prison disciplinary hearings). Tindell also does not state a claim for relief when he alleges that hearing examiners denied his requests for “video cameras.” See Wolff, 418 U.S. at 566-67, 94 S.Ct. 2963.

Tindell also fails to allege a violation under the First Amendment. Although he asserted that some legal property was confiscated, he does not set forth any facts showing that this resulted in an “actual injury.” See Christopher v. Harbury, 536 U.S. 403, 415, 122 S.Ct. 2179, 153 L.Ed.2d 413 (2002). His claims are insufficient to show that he was denied access to the courts. Id. Although not addressed by the District Court, Tindell also alleges that some of the items confiscated were his religious materials. To the extent he asserts a First Amendment violation, he fails to allege with any specificity how the removal of these items substantially burdened his ability to observe a central religious belief or practice. See Hernandez v. Comm’r, 490 U.S. 680, 699, 109 S.Ct. 2136, 104 L.Ed.2d 766 (1989).

Additionally, Tindell’s bare conelusory allegations are insufficient to sustain a conspiracy claim. See D.R. by L.R. v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MALDONADO v. FISCHER
E.D. Pennsylvania, 2025
Gibson v. Mason
M.D. Pennsylvania, 2025
DERRICK v. CUZZUPE
D. New Jersey, 2025
ATKINSON v. APODACA
W.D. Pennsylvania, 2025
BATCHELOR v. SPAGNOLETTI
E.D. Pennsylvania, 2025
Austrian v. Burlington
Vermont Superior Court, 2024
MORRIS v. ZAKEN
W.D. Pennsylvania, 2024
Warrick v. Harry
M.D. Pennsylvania, 2024
Stevenson v. Ellis
M.D. Pennsylvania, 2023
Hill et ux v. Harry
M.D. Pennsylvania, 2023
D'ALFONSO v. REDDINGER
W.D. Pennsylvania, 2023
Baez v. Henry
M.D. Pennsylvania, 2023
Zamichieli v. Ficks
M.D. Pennsylvania, 2023
Leaphart v. Campbell
M.D. Pennsylvania, 2023
LEMONS v. BERRIOS
D. New Jersey, 2023
TORRES-OLAN v. O'BRIEN
W.D. Pennsylvania, 2023
COLON v. KINNEL
E.D. Pennsylvania, 2023
Barkley v. Bumgardner
M.D. Pennsylvania, 2022

Cite This Page — Counsel Stack

Bluebook (online)
351 F. App'x 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tindell-v-beard-ca3-2009.