Walter Chruby v. Annette Kowaleski

534 F. App'x 156
CourtCourt of Appeals for the Third Circuit
DecidedAugust 7, 2013
Docket12-3132
StatusUnpublished
Cited by38 cases

This text of 534 F. App'x 156 (Walter Chruby v. Annette Kowaleski) 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
Walter Chruby v. Annette Kowaleski, 534 F. App'x 156 (3d Cir. 2013).

Opinion

OPINION

CHAGARES, Circuit Judge.

Walter Chruby brought a complaint against several prison officials based principally on alleged violations of his First Amendment rights. The District Court dismissed the complaint and denied Chru-by’s motions to file supplemental pleadings. For the reasons explained herein, we will affirm.

I.

We write solely for the parties and will therefore recount only those facts that are essential to our disposition. The following facts are taken from the complaint, which we accept as true when reviewing a motion to dismiss.

Chruby is an inmate at SCI Laurel Highlands (“SCI-LH”), a prison in Pennsylvania. He suffers from a kidney disorder that requires significant medical attention. In 2005, Chruby filed a lawsuit against several prison officials alleging that he had received improper treatment for his condition. To settle the case, the parties entered into an agreement (called the “consent decree” in the complaint) allowing Chruby to reside at SCI-LH for the remainder of his life if the facility remains open and if Chruby refrains from engaging in misconduct. At some point, Chruby was transferred to another facility, but eventually he was returned to SCI-LH. In August of 2009, Chruby filed a second lawsuit claiming that he was subjected to cruel and unusual punishment.

In December of 2009, defendant Derek Thomas, a registered nurse, was assigned to administer Chruby’s medical treatment. At the beginning of the first visit, Thomas began to write notes before examining Chruby. Chruby questioned Thomas about what he was writing, and Thomas responded, “I’m just doodling.” Appendix (“App.”) 63. Chruby wrote a letter to several other defendants complaining of Thomas’s conduct, and Chruby was thereafter charged with misconduct for making false assertions in the letter. The defendants conducted a hearing on the misconduct charge, but refused to compel testimony of witnesses as Chruby demanded. In addition to exhibiting bias, the hearing officer denied Chruby’s request to view the medical records in question. The post-hearing report incorrectly stated that Thomas had testified at the hearing.

*159 Based upon the incident with Thomas and the subsequent hearing, Chruby filed a complaint stating eight causes of action, alleging violations of his First Amendment rights, of his right to equal protection, and of 42 U.S.C. § 1997d. The complaint also alleges that the defendants conspired to deprive Chruby of his First and Fourteenth Amendment rights, thereby violating 42 U.S.C. § 1983, and requests declaratory and injunctive relief.

Chruby later filed a motion for leave to file a supplemental pleading that was based on an incident that occurred in March of 2012. After being hospitalized for several days for acute pyelonephritis, Chruby was discharged and told that he would be prescribed Dilaudid. Chruby did not receive Dilaudid from physicians at the prison, so he wrote a letter to complain. Several days later, he wrote a separate letter complaining that he had been forced to wait three and one-half hours before being taken to the hospital when his medical emergency occurred. Two misconduct charges were filed against Chruby shortly thereafter, one of which was for lying to an employee. The bases of the lying charge were the two letters: the charge alleged that Chruby falsely stated that Dilaudid had been ordered for him, and also falsely stated that he had waited three and one-half hours before being taken to the hospital. The proposed supplemental pleading lists five additional First Amendment claims, seeking permanent injunctions, monetary damages, and declaratory relief.

Chruby later moved to file another supplemental pleading, this time based on a meeting with defendant Annette Kowalew-ski. In the meeting, Kowalewski threatened to file a new misconduct charge based on Chruby’s “lie” in the letter concerning his pain medication. App. 606. She then told Chruby that he would be issued a misconduct if he ever sent another letter to anyone in the medical department that she found “inappropriate or impolite.” Id.

The second motion also sought to add a new defendant, Robert Reed, who was the hearing examiner for Chruby’s second misconduct hearing. At that hearing, Chruby was again denied access to his medical records that related to the alleged misconduct. The second supplemental pleading contains two additional causes of action: the first is for First Amendment retaliation against Kowalewski, and the second seeks injunctive relief against Reed and John E. Wetzel for denial of due process during the misconduct hearing.

In June of 2012, the Magistrate Judge issued a Report and Recommendation (the “Report”) that recommended dismissing the complaint. It also concluded that the proposed supplemental pleadings would be futile. The District Court agreed on both points and dismissed the case.

II. 1

A.

The Magistrate Judge’s Report began by addressing Chruby’s three First Amendment retaliation claims, counts one, two, and four. To recover on a retaliation claim, plaintiffs “must show (1) that they engaged in a protected activity, (2) that defendants’ retaliatory action was sufficient to deter a person of ordinary firmness from exercising his or her rights, and (3) that there was a causal connection between the protected activity and the retal *160 iatory action.” Lauren W. ex rel. Jean W. v. DeFlaminis, 480 F.3d 259, 267 (3d Cir.2007). When reviewing a motion to dismiss, we must simply ensure that the complaint states grounds plausibly suggesting entitlement to relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (“And, of course, a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and that a recovery is very remote and unlikely.” (quotation marks omitted)).

The Report noted that the defendants did not challenge either Chruby’s allegation that he engaged in protected activity or his claim that their action was sufficient to deter a person of ordinary firmness from exercising his rights. The issue chiefly addressed by the Report was whether there was a causal connection between the protected activity and the retaliation. The Report concluded that no causal connection could be shown as to the first misconduct filed against Chruby. App. 27. We agree, and will therefore affirm the District Court’s dismissal.

B.

Chruby’s conspiracy claim states that several of the defendants “agreed by word or by action to violate plaintiffs First Amendment rights to free speech and petition, and Fourteenth Amendment right to equal protection and due process of law.” App. 82. The defendants sought dismissal of the conspiracy claim on two grounds. First, they argued that Chruby failed to plead that he was deprived of a federally protected right.

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534 F. App'x 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-chruby-v-annette-kowaleski-ca3-2013.