Arrington #251318 v. Scott et al
Filing
4
OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANTHONY ARRINGTON,
Plaintiff,
Case No. 1:12-cv-529
v.
Honorable Robert Holmes Bell
AMY SCOTT et al.,
Defendants.
____________________________________/
OPINION
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983.
The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation
Reform Act, PUB. L. NO . 104-134, 110 STAT . 1321 (1996), the Court is required to dismiss any
prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a
claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such
relief. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. § 1997e(c). The Court must read Plaintiff’s pro
se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff’s
allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504
U.S. 25, 33 (1992). Applying these standards, the Court will dismiss Plaintiff’s complaint for failure
to state a claim against Defendant Breedlove. The Court will serve the complaint against Defendants
Scott, Michelin, Wilson, Grandisher, Barber, Kotowitz, Gagne, Rinckey, Woods and Kemp.
Discussion
I.
Factual allegations
Plaintiff Anthony Arrington presently is incarcerated with the Michigan Department
of Corrections and housed at the Marquette Branch Prison, though the actions about which he
complains occurred while he was housed at the Ionia Maximum Correctional Facility (ICF). Plaintiff
sues the following ICF employees: Corrections Officers Amy Scott, (unknown) Michelin, Laura
Wilson, (unknown) Grandisher, (unknown) Kotowitz, Jennifer Gagne, (unknown) Rinckey, and
Rebecca Woods; Assistant Resident Unit Supervisor Melissa Barber; Grievance Coordinator M.
Breedlove; and Nurse Betty Kemp.
Plaintiff asserts that, between May 29, 2010, when he first arrived at ICF, and
September 10, 2011, Defendants repeatedly retaliated against him for filing grievances. He alleges
that Defendants Michelin, Wilson, Grandisher, Barber, Scott, Rinckey, Gagne, Woods and Kemp
filed fabricated misconduct tickets against him on multiple dates and made comments indicating that
they were punishing him for filing grievances or requesting grievance forms. He also alleges that
various Defendants also used excessive force against him after he asked for grievance forms. On
March 7, 2011, Defendants Barber, Scott and Michelin allegedly assaulted him and broke his nose,
despite his compliance with their orders. On May 18, 2011, Defendants Barber and Kotowitz,
together with Lieutenant Edwards, allegedly sprayed Plaintiff with pepper spray despite his
compliance with their orders. Defendants allegedly made comments indicating that both acts of
excessive force were taken in retaliation for Plaintiff’s requests for grievance forms.
Plaintiff also alleges that Defendant Breedlove failed to respond to his June 2, 2010
request for a grievance form.
-2-
II.
Failure to state a claim
A complaint may be dismissed for failure to state a claim if “‘it fails to give the
defendant fair notice of what the . . . claim is and the grounds upon which it rests.’” Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)).
While a complaint need not contain detailed factual allegations, a plaintiff’s allegations must include
more than labels and conclusions. Twombly, 550 U.S. at 555; Ashcroft v. Iqbal, 129 S. Ct. 1937,
1949 (2009) (“Threadbare recitals of the elements of a cause of action, supported by mere conclusory
statements, do not suffice.”). The court must determine whether the complaint contains “enough
facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has
facial plausibility when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S. Ct. at
1949. Although the plausibility standard is not equivalent to a “‘probability requirement,’ . . . it asks
for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 129 S. Ct. at 1949
(quoting Twombly, 550 U.S. at 556). “[W]here the well-pleaded facts do not permit the court to infer
more than the mere possibility of misconduct, the complaint has alleged – but it has not ‘show[n]’
– that the pleader is entitled to relief.” Iqbal, 129 S. Ct. at 1950 (quoting FED . R. CIV . P. 8(a)(2));
see also Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding that the Twombly/Iqbal
plausibility standard applies to dismissals of prisoner cases on initial review under 28 U.S.C.
§§ 1915A(b)(1) and 1915(e)(2)(B)(i)).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of a right
secured by the federal Constitution or laws and must show that the deprivation was committed by
a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Street v. Corr.
-3-
Corp. of Am., 102 F.3d 810, 814 (6th Cir. 1996). Because § 1983 is a method for vindicating federal
rights, not a source of substantive rights itself, the first step in an action under § 1983 is to identify
the specific constitutional right allegedly infringed. Albright v. Oliver, 510 U.S. 266, 271 (1994).
Plaintiff fails to make specific factual allegations against Defendant Breedlove, other
than his claim that Breedlove was complicit in the actions taken by other Defendants because he
failed to provide a grievance form upon request. Government officials may not be held liable for the
unconstitutional conduct of their subordinates under a theory of respondeat superior or vicarious
liability. Iqbal, 129 S. Ct. at 1948; Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658,
691(1978); Everson v. Leis, 556 F.3d 484, 495 (6th Cir. 2009). A claimed constitutional violation
must be based upon active unconstitutional behavior. Grinter v. Knight, 532 F.3d 567, 575 (6th Cir.
2008); Greene v. Barber, 310 F.3d 889, 899 (6th Cir. 2002). The acts of one’s subordinates are not
enough, nor can supervisory liability be based upon the mere failure to act. Grinter, 532 F.3d at 575;
Greene, 310 F.3d at 899; Summers v. Leis, 368 F.3d 881, 888 (6th Cir. 2004). Moreover, § 1983
liability may not be imposed simply because a supervisor denied an administrative grievance or
failed to act based upon information contained in a grievance. See Shehee v. Luttrell, 199 F.3d 295,
300 (6th Cir. 1999). “[A] plaintiff must plead that each Government-official defendant, through the
official’s own individual actions, has violated the Constitution.” Iqbal, 129 S. Ct. at 1948. Plaintiff
has failed to allege that Defendant Breedlove engaged in any active unconstitutional behavior.
Moreover, Plaintiff has no due process right to file a prison grievance. The Sixth
Circuit and other circuit courts have held that there is no constitutionally protected due process right
to an effective prison grievance procedure. Walker v. Mich. Dep’t of Corr., 128 F. App’x 441, 445
(6th Cir. 2005); Young v. Gundy, 30 F. App’x 568, 569-70 (6th Cir. 2002); Carpenter v. Wilkinson,
-4-
No. 99-3562, 2000 WL 190054, at *2 (6th Cir. Feb. 7, 2000); see also Antonelli v. Sheahan, 81 F.3d
1422, 1430 (7th Cir.1996); Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994). Michigan law does not
create a liberty interest in the grievance procedure. See Olim v. Wakinekona, 461 U.S. 238, 249
(1983); Wynn v. Wolf, No. 93-2411, 1994 WL 105907, at *1 (6th Cir. Mar. 28, 1994). Because
Plaintiff has no liberty interest in the grievance process, Defendant Breedlove’s failure to provide
him a grievance form did not deprive him of due process. For both reasons, Plaintiff fails to state
a claim against Defendant Breedlove.
At this juncture, the Court concludes that Plaintiff’s allegations against the remaining
Defendants are sufficient to warrant service of the complaint.
Conclusion
Having conducted the review required by the Prison Litigation Reform Act, the Court
determines that Defendant Breedlove will be dismissed for failure to state a claim pursuant to 28
U.S.C. §§ 1915(e)(2) and 1915A(b), and 42 U.S.C. § 1997e(c). The Court will serve the complaint
against Defendants Scott, Michelin, Wilson, Grandisher, Barber, Kotowitz, Gagne, Rinckey, Woods
and Kemp.
An Order consistent with this Opinion will be entered.
Dated: June 11, 2012
/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE
-5-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?