Israel v. Pierce
Israel v. Pierce
Opinion of the Court
MEMORANDUM OPINION
I. INTRODUCTION
Plaintiff Lee A. Israel (“plaintiff’ or “Israel”), an inmate at the James T. Vaughn Correctional Center (“VCC”), Smyrna, Delaware, proceeds pro se and has been granted leave to proceed in forma pauper-is. He filed this civil rights lawsuit on October 16, 2014, pursuant to 42 U.S.C. § 1983 alleging retaliation against defendants Warden David Pierce (“Pierce”) and C/O Ronald Holcome (“Holcome”)
II. BACKGROUND
The amended complaint alleges that Holcome retaliated against plaintiff for submitting a grievance and writing a letter to the Delaware Department of Correction (“DOC”) Commissioner. (D.I. 32 ¶¶ 20-21) It alleges that Pierce retaliated against plaintiff when he failed to protect plaintiff from the unfair treatment, (Id. at ¶¶24-26) Plaintiff seeks compensatory damages and injunctive relief, including reinstatement to his prior work assignment.
Plaintiff was the lead worker assigned to W-building. (D.I. 42, Pl.’s Decl. ¶ 4) On September 6,2013, he was suspended from his job by correctional officer Nasir Baqi (“Baqi”) at the request of commissary administrator Carroll Powell (“Powell”). (Id. at ¶6) On September 8, 2013, plaintiff submitted a grievance complaining that he was removed and that he was not given a reason for his removal. (D.I. 42, ex. B) According to plaintiff, defendants have access to a computer system and are able to view grievances as they are submitted. (D.I. 42, PL’s Decl. ¶ 19) On September 10, 2013, plaintiff met with staff lieutenant Akinbayu (“Akinbayu”) who informed plaintiff that he had been suspended pending an investigation. (D.I. 42, PL’s Decl. ¶ 8) On September 11, 2013, plaintiff sent a formal written complaint to DOC Commissioner Robert M. Coupe (“Coupe”), with a copy to Pierce, complaining about the sus
Holcome was the supervising correctional officer in the commissary during the relevant time-frame. (D.I. 42, PL’s Decl. ¶14) Baqi told Holcome that he was directed to revoke plaintiffs work pas's in the commissary. (D.I. 40, ex. A. at 3) Hol-come was unaware of any investigation into plaintiff, his termination, the reason for plaintiffs cell transfer, or why plaintiff was not returned to work in the commissary. (Id. at ex. A. at 1, 7, 8, 9) According to plaintiff, in May 2014, he was told by the work pool coordinator that he had been cleared by administration to return to work for some, time, but Holcome was against it. {Id. at ¶ 23)
On May 14, 2014, plaintiff filed a petition for writ of mandamus in the Superior Court of the State of Delaware in and for New Castle County, Israel v. Coupe, C.A. No. N14M-05-11 WCC, seeking restoration of his inmate job or a position equal to his previous job in the commissary. The petition was filed against Coupe, Phelps, and Pierce and refers to the September 6, 2013 job suspension, investigation, • and plaintiffs continued unemployment even though he is classified to the work pool.
III. MOTION TO COMPEL
In December 2015, plaintiff served discovery request upon defendants. (D.I. 29-31)' When defendants failed to respond to the requests, plaintiff wrote them on January 21, 2016, advised them that their responses were a month late, and asked for an immediate response. (D.I. 32) Defense counsel did not respond to plaintiffs letter, which resulted in the motion to compel. {Id.) ,
Thereafter, defendants sought an extension of time to respond to the discovery. (D.I. 33) It was granted, and defendants were given until on or before April 19, 2016 to respond to the discovery. (D.I, 34) Defendants timely responded to plaintiffs discovery requests. (D.I. 35-38) Accordingly, the motion to compel will be denied as moot.
IV. MOTION FOR SUMMARY JUDGMENT
A. Legal Standard
“The court shall grant summary judgment if the movant shows that there is no
At the summary judgment stage, the judge’s function is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The judge must ask not whether the evidence unmistakably favors one side or the other, but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented. Id. at 252, 106 S.Ct. 2505. The court must not engage in the making of “[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts” as these “are jury functions, not those of a judge, [when] [] ruling on a motion for summary judgment.” E.E.O.C. v. GEO Group, Inc., 616 F.3d 265, 278 (3d Cir. 2010) (citation omitted).
To defeat a motion for summary judgment, the non-moving party must “do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586-87, 106 S.Ct. 1348; see also Podobnik v. U.S. Postal Service, 409 F.3d 584, 594 (3d Cir. 2005) (stating party; opposing summary' judgment “must present more than just bare assertions, conclusory allegations or suspicions to show the existénee of a genuine issue”) (internal quotation marks omitted). Although the “mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment,” a factual dispute is genuine where “the evidence is such that a reasonable jury could return a verdict for the nonmoving party,” Anderson v. Liberty Lobby, 477 U.S. at 247-48, 106 S.Ct. 2505. “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. at 249-50, 106 S.Ct. 2505 (internal citations omitted); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (stating entry of summary judgment is mandated “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial”). The same standards and burdens apply on cross-motions for summary judgment. See Appelmans v. City of Philadelphia, 826 F.2d 214, 216 (3d Cir. 1987).
B. Discussion
1. Claim Preclusion
Defendants contend that, because plaintiff has already litigated his termination from employment in State court, res judicata precludes him from raising his claims in this court. Plaintiff opposes the motion on the grounds that the claim raised in the State court sought issuance of a writ of mandamus to compel State respondents to adhere to DOC policy, while the instant complaint raises retaliation claims pursuant to 42 U.S.C. § 1983.
The doctrine of preclusion limits a party’s ability to raise claims that either were or could have been litigated in a prior action. See Reaves v. Pennsylvania Board of Prob. & Parole, 580 Fed.Appx. 49, 52 (3d Cir. 2014) (unpublished). Claim preclusion, formerly referred to as res judicata, bars a claim litigated between the same parties or their privies in earlier litigation where the claim arises from the same set of facts as a claim adjudicated on the merits in the earlier litigation. Blunt v. Lower Merion Sch. Dist., 767 F.3d 247, 276 (3d Cir. 2014). Res judicata bars not only claims that were brought in the previous action, but also claims that could have been brought. Id. at 277 (citations omitted). “A claim extinguished by res judicata includes all rights of the plaintiff to remedies against the defendant with rdspeet to all or any part of the transaction, or series of connected transactions, out of which the action arose.” Id. (citations omitted).
“Claim preclusion requires: (1) a final judgment on the merits in a prior suit involving; (2) the same parties or their [privies]; and- (3) a subsequent suit based on the same cause of action.” Id. at 276 (citations omitted). When analyzing whether the elements have been met, the court does not apply this conceptual test mechanically, but focuses on the central purpose of the doctrine, to require a plaintiff to present all claims arising out of the same occurrence in a single suit. Id. at 277. This avoids piecemeal litigation and conserves judicial resources. Id. (citations omitted).
The court takes “a broad view of what constitutes the samé cause of action and re's judicata generally is thought to turn on the essential similarity of the underlying events giving rise to the various legal claims.” Id. (citations omitted). When analyzing essential similarity, several factors are considered: (1) whether the acts complained of and the demand' for relief are the same; (2) whether the theory of recovery is the same; (3) whether the witnesses and documents necessary at trial are the same; and (4) whether the material facts alleged áre the same. See id. (citations omitted). It is not dispositive' that a plaintiff asserts a different theory of recovery or seeks different relief in the two actions. Id. (citations omitted); see also Elkadrawy v. Vanguard Grp., 584 F.3d 169, 173 (3d Cir. 2009) (“This analysis does not depend on the specific legal theory invoked, but rather [on] the essential similarity of the underlying events giving rise to the various legal claims.) (internal' quotation marks omitted).”
Here, there is a final judgment on the merits, the Delaware Supreme Court having affirmed the dismissal of the case by the Superior Court. See Israel v. Coupe, 115 A.3d 1215 (Del. 2015) (table). Also, the requirement that the same parties or their privies be involved is met. Pierce' was a defendant in the mandamus
Finally, in both cases, plaintiff seeks reinstatement to his prior inmate job. The claims in the instant complaint, while not identical, could have been raised in plaintiff’s prior State action given that they arise from the same set of facts or claims adjudicated on the merits in plaintiffs earlier mandamus proceeding. See Israel v. Coupe, 2014 WL 7740426 (Del. Super. Nov. 25, 2014), aff'd, 115 A.3d 1215 (Del. 2015) (table) (against Coupe, Phelps, and Pierce, challenging plaintiffs suspension, investigation, and termination from his prison job, seeking mandamus relief and finding Israel failed to state a claim).
The conditions for claim preclusion are satisfied and, hence, plaintiffs claims are barred. Therefore, the court will grant defendants’ motion for summary judgment.
2. Retaliation
Even were the court to consider the merits of plaintiffs claim, summary judgment for defendants is appropriate because the elements of a § 1983 retaliation claim have not been met. Plaintiff alleges that Holcome retaliated against him for submitting a grievance and writing a letter to the DOC Commissioner and that Pierce failed "to protect plaintiff from the alleged retaliatory action.
“Retaliation for the exercise of constitutionally protected rights is itself a violation of rights secured by the Constitution actionable under § 1983.” White v. Napoleon, 897 F.2d 103, 111-12 (3d Cir. 1990). It has long been established that the First Amendment bars retaliation for protected speech. See Crawford-EI v. Britton, 523 U.S. 574, 592, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998); Milhouse v. Carlson, 652 F.2d 371, 373-74 (3d Cir. 1981). Proof of a retaliation claim requires plaintiff to demonstrate that: (1) he engaged in protected activity; (2) he was subjected to adverse actions by a state actor; and (3) the protected activity was a substantial motivating factor in the state actor’s decision to take adverse action. Carter v. McGrady, 292 F.3d 152, 158 (3d Cir. 2002) (citing Mt. Healthy Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d
The evidence of record is that on September' 6, 2013, plaintiff was suspended from his job by C/O Baqi at the request of commissary administrator Powell, and that two days later, plaintiff submitted a grievance complaining about his removal. Four days after he was removed from his position, plaintiff was advised by staff lieutenant Akinbayu that he had been suspended pending an investigation. The next day, plaintiff sent a written complaint to Coupe, with a copy to Pierce, complaining about the suspension. Plaintiffs grievance was received by the IGC (ie., inmate grievance chair), on September 16, 2013, and returned to plaintiff unprocessed. In December 2013, Phelps told plaintiff why he had been removed-from his work assignment, that the administration did not choose to return plaintiff to that work assignment, and that plaintiff was classified as eligible to work elsewhere. According to plaintiff, in May 2014, he was told by the work pool coordinator that the administration, had cleared him to return to work for some time (as Phelps had told him in December 2013), but Holcome was against his return.
The record reflects that Holcome was the supervising correctional officer in' the commissary during the relevant time-frame and that Baqi told Holcome he had been directed to revoke plaintiffs work pass. Holcome was unaware of any investigation into plaintiff, plaintiffs termination, the reason for pláintiffs cell transfer, and why plaintiff was not returned tó work in the commissary. According to plaintiff, defendants have access tó a computer system and are able to view grievances as they are submitted, but there is no evidence that Holcome saw or was aware of plaintiffs grievance.
Plaintiffs September 8, 2013 grievance is a form of protected speech. In addition, the court assumes without deciding, that plaintiffs September 11, 2013 letter to Coupe is also a form of protected speech. Hence, plaintiff has met the first element of a retaliation claim. At least as to Hol-come, there is no evidence that Holcome was aware of the grievance or the letter.
“A[n individual government] defendant in a civil rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Here, the record reflects that plaintiff was removed from his position upon the direction of commissary administrator Powell: not by warden Pierce and not by C/O Holcome. Also, nothing in the record suggests- that either Pierce or Holcome were involved in, or aware of, the investigation that led to plaintiffs removal from the position and ultimate loss of the work assignment. In light of the foregoing, the court concludes that no reasonable jury could find for plaintiff on his § 1983 retaliation claim. Therefore, the court will grant defendants’ motion for summary judgment.
Y. CONCLUSION
For the above reasons, the court will: (1) deny as moot plaintiffs motion to compel (D.I. 32); and (2) grant defendants’ motion for summary judgment (D.I. 39)
A separate order shall issue.
ORDER
At Wilmington this 25th day of January, 2017, for the reasons set forth in the memorandum opinion issued this date;
IT IS HEREBY ORDERED that:
1.Plaintiffs motion to compel is denied as moot. (D.I. 32)
2. Defendants’ . motion for summary judgment is granted. (D.I. 39)
3. The Clerk of Court is directed to enter judgment in :favor of defendants and against plaintiff.
. Defendants refer to Holcome as "Holcomb.”
. The court dismissed other claims and defendants in its January 27, 2015 screening order. (See D.I. 7, 8)
. Plaintiff commenced this action while the State court action was pending.
. It is undisputed that a copy of the Coupe letter was sent to Pierce. The letter to Coupe refers to plaintiff’s grievance, but the record does not reflect that Pierce saw a copy of the grievance. (See D.I. 42, ex. A)
Reference
- Full Case Name
- Lee A. ISRAEL v. Warden David PIERCE
- Status
- Published