Charles v. Reichel
Charles v. Reichel
Opinion of the Court
ORDER
Wisconsin inmate Jerry Charles sued Sergeant Raymond Reichel and Lieutenant Vern Ponto-employees at Oshkosh Correctional Institution-under 42 U.S.C. § 1983 for placing him in “temporary lockup,” allegedly in retaliation for filing a complaint against Reichel. The district court granted summary judgment in favor of the defendants, concluding that Charles had failed to exhaust his administrative remedies with respect to Ponto and that Charles had failed to establish that Ponto would not have placed him lockup if he had not filed the complaint against Reichel. We affirm.
In March 2001 two inmates told Reichel that Charles was circulating a petition among the inmates alleging an “intimate relationship” between Reichel and Traci Gagne, another correctional officer. Reichel reported the information to Ponto, who told Reichel that they could not act on the basis of inmate rumors but that he would look into the matter if the inmates submitted their information in writing. Later that day the two inmates submitted written statements.
That evening Ponto held routine hearings for inmate conduct reports, one of which concerned unrelated charges against Charles. After Ponto found Charles guilty of one of the unrelated charges, Charles complained to Ponto that Reichel had been harassing him. Ponto then decided to place Charles in “non-punitive temporary lockup.” In a sworn affidavit, Ponto asserts that he placed Charles in lockup to remove him from his cell while Ponto investigated the existence of the petition and Charles’s complaints against Reichel. Ponto then ordered Reichel to search Charles’s cell for contraband, including a petition or any document pertaining to “group resistance.” He also directed Reichel to pack Charles’s property to be transferred to temporary lockup.
A few days later Charles spoke with a complaint examiner about his allegations against Reichel. Charles withdrew his complaint after speaking with the examiner. Ponto then released Charles from temporary lockup because there was nothing left to investigate. Charles then filed another complaint regarding Reichel and Ponto:
Sgt. Reichel came and conducted a room search on 3-1-01, around 5:50 pm. I stood outside the door and observed everything that he searched. He came across 2 copies of “ICI”1 that I filed previously. He read them and I immediately told James Perry in P-Bldg. Rm. # 95 that he’s reading copies of my ICI. Around 7:00 pm I was going on a minor ticket for “Doorway Visiting” and Sgt. Reichel was called in the ticket hearing room and said that I was disruptive doing the “Doorway Visiting.” After being found guilty I was placed in TLU for “Lying on Staff’ by Lt. Ponto. If he wouldn’t never read my copies of the ICI I would not be TLU. Complaint system is suppose to be private.
The complaint was denied, as was Charles’s administrative appeal. Charles then filed this suit in the district court.
Charles first challenges the district court’s dismissal of his claim against Ponto for failure to exhaust administrative remedies. The district court held that Charles’s prison complaint did not sufficiently allege that Ponto locked him up in retaliation for filing a complaint. But unless a state has established a rule or regulation prescribing the contents of such a complaint or grievance,
We next consider whether the district court correctly granted summary judgment to Reichel. Summary judgment is appropriate when there are no genuine issues regarding material facts. Abrams v. Walker, 307 F.3d 650, 653 (7th Cir. 2002). To establish a § 1983 claim based on retaliation for exercising rights under the First Amendment, the plaintiff must prove that “(1) his conduct was constitutionally protected; and (2) his conduct was
Charles has offered no competent evidence to prove that his protected conduct was a “but for” cause of his placement in lockup. His speculation that Ponto retaliated against him for filing a complaint against Reichel is insufficient to undermine Ponto’s explanation for placing him in lockup. Charles does not deny that two inmates filed written statements accusing him of circulating a petition against Reichel. Moreover, Charles admits that he complained to Ponto that Reichel was harassing him. Thus, there is “definite, competent evidence” supporting Ponto’s explanation for placing Charles in temporary lockup, while Charles merely speculates that his placement in lockup was in retaliation for filing a complaint against Reichel. The undisputed evidence shows that Ponto would have placed Charles in lockup regardless of whether Reichel knew of the complaint against him. Moreover, Charles failed to establish a link between Reichel’s alleged knowledge of the complaint and Ponto’s decision to place Charles in lockup. Accordingly, the district court correctly granted summary judgment to Reichel. And because this rationale applies equally to Charles’s claim against Ponto, we affirm the grant of summary judgment to him as well, even though the district court erred on the exhaustion question.
AFFIRMED.
. Charles’s reference to "ICI” appears to be to his "Offender Complaint” against Reichel.
. Wisconsin requires only that inmates "clearly identify” the issue in their complaints. Wis. Admin. Code § DOC 310.09.
Reference
- Full Case Name
- Jerry CHARLES v. Raymond D. REICHEL and Vern Ponto
- Status
- Published