Walker v. Bain

257 F.3d 660, 2001 WL 823612
Court of Appeals for the Sixth Circuit·Decided July 20, 2001·No. Nos. 99-2001, 99-2004, 99-2349·Published·Cited by 156 cases

Opinions

KEITH, J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. DAUGHTREY, J. (pp. 674-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KEITH, Circuit Judge.

Plaintiff-appellee William Walker, a Michigan state prisoner, brought suit against corrections officers claiming First Amendment retaliation in violation of 42 U.S.C. § 1983. A jury returned a verdict in Walker’s favor in part, setting damages of $426. Upon Walker’s motion for attorney fees pursuant to 42 U.S.C. § 1988, the magistrate judge held that the attorney fee cap set forth in § 803(d)(2) of the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d)(2), violated Equal Protection. The court subsequently granted in part Walker’s motion for attorney fees in the amount of $34,493.72. Defendants appeal from these two orders. Walker cross-appeals the denial of his motion for new trial. For the reasons that follow, we REVERSE the order ruling that § 1997e(d)(2) is unconstitutional, VACATE the order granting in part Walker’s motion for attorney fees, REMAND for a redetermination of fees under the PLRA, and AFFIRM the denial of Walker’s motion for a new trial.

I. BACKGROUND

A. Factual History

Walker, an inmate, serves as a “jailhouse lawyer” at Standish Maximum Correctional Facility (“Standish”). In addition to handling his own legal matters, Walker assists other Standish inmates in connection with their legal matters. Walker routinely filed grievances against correction officers, and assisted other inmates in filing and handling grievances.

On April 4, 1995, in retaliation for his filing of grievances, defendants-appellants Thomas Bain and Janice Metzger, Standish correction officers, performed a “shake down” of Walker’s cell, and improperly confiscated documents and personal prop[664] erty. At that time, Walker was preparing for several cases, and had documents in stacks in various places in his cell.

Prior to April 4, 1995, Walker requested grievance forms from, and filed grievances against, both Bain and Metzger. Walker testified that Bain often delayed in providing him with grievance forms, and would provide only one form when he requested several. Walker reported Bain’s conduct to Bain’s superior officer, who ordered Bain to provide Walker with the number of grievance forms he requested.

On the date of the unlawful retaliatory incident, Metzger asked Walker if he wanted to take a shower, and he responded that he did. Subsequently, Bain came to Walker’s cell and the two had a disagreement over whether Walker would be permitted to shower. When Bain indicated that Walker would not be taking a shower, Walker requested a grievance form so that he could report Bain’s conduct. Bain stated that he was tired of grievances, and he and Metzger escorted Walker to the shower. Walker testified that Bain indicated that he would teach Walker a lesson about filing grievances.

While Walker was using the shower, Bain and Metzger searched his cell. Bain and Metzger left Walker’s cell with a large plastic bag containing documents.

Bain and Metzger escorted Walker back to his cell after his shower. Upon his return, Walker surmised that his cell had been the subject of a “shake down.” He called for another corrections officer to view the condition of his cell, and requested that photographs and a video be taken of his cell. Walker’s request was denied, and Walker was ordered into his cell. When he entered his cell, Walker’s wrists were handcuffed behind his back, and a leather strap was attached to the handcuffs. After the cell door had closed, Walker’s hands and arms went through the food slot on the door in such a manner as to cause minor scrapes and cuts to Walker’s hands and wrists. The prison nurse treated Walker’s abrasions later that evening. Walker subsequently determined that many of his legal documents were missing.

B. Procedural History

On May 30, 1995, Walker filed a pro se complaint in the United States District Court for the Eastern District of Michigan against Bain and Metzger. Walker asserted retaliation claims pursuant to 42 U.S.C. § 1983 against both defendants.

Walker’s § 1983 claims against defendants survived a motion to dismiss and three motions for summary judgment. Walker began filing motions for appointment of counsel on September 20, 1995. The district court finally appointed counsel on March 10, 1997, after the effective date of the PLRA. On July 21, 1998, the district court referred the case to Magistrate Judge Paul Komives for all further proceedings and entry of judgment with the consent of the parties pursuant to 28 U.S.C. § 636(c).

A jury trial began on October 13, 1998, and concluded on October 20, 1998. The court submitted the case to the jury on special interrogatories, and the jury returned its answers on October 20, 1998. The court entered judgment in favor of defendants on February 26, 1999. Walker moved to amend the judgment pursuant to Fed.R.Civ.P. 59(e) on March 12, 1998, based on an intervening change of controlling law. On April 23, 1999, the court granted Walker’s motion, and ordered entry of an amended judgment in favor of Walker and against defendants jointly and severally in the amount of $1.00, and in favor of Walker and against Bain and Metzger in the amounts of $300.00 and [665] $125.00, respectively. Walker filed a motion for partial new trial on May 7, 1999. The court denied Walker’s motion in an order dated August 3, 1999. Walker filed an appeal from the court’s order denying his motion for a partial new trial.

On May 7, 1999, as a partially successful civil rights litigant under 42 U.S.C. § 1983, Walker filed a motion for attorney fees seeking $36,046.25 pursuant to 42 U.S.C. § 1988 and Fed.R.Civ.P. 54(d). Defendants filed a response arguing that, pursuant to § 803(d)(2) of the PLRA, Walker was entitled to a fee of only $629.00. Walker filed a reply brief arguing that the PLRA attorney fee cap was unconstitutional both on vagueness and Equal Protection grounds. In an order dated August 3, 1999, Magistrate Judge Komives held that the statute was not unconstitutionally vague, but that it did violate the Equal Protection component of the Fifth Amendment of the United States Constitution. See Walker v. Bain, 65 F.Supp.2d 591, 599-605 (E.D.Mich.1999). The court denied defendants’ motion for reconsideration on August 30,1999. See id. at 606-10. Defendants filed a timely appeal from the order of the court.

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Walker v. Bain, 257 F.3d 660, 2001 WL 823612 (6th Cir. 2001).

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