Ruiz v. Williams et al

Filing 37

ORDER granting 32 Motion for Summary Judgment.; denying 34 Motion for Summary Judgment. Case terminated. Signed by Judge Jennifer A. Dorsey on 12/19/16. (Copies have been distributed pursuant to the NEF - JM) Modified on 12/20/2016 (RFJ). (Main Document 37 replaced on 12/20/2016) (JM).

Case 2:14-cv-00412-JAD-CWH Document 37 Filed 12/19/16 Page 1 of 6

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Carlos Ruiz,

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2:14-cv-00412-JAD-CWF

Plaintiff

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v.

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Brian Williams, et al.,

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Order Granting Defendants’ Motion
for Summary Judgment and Denying
Plaintiff’s Countermotion for Summary
Judgment

Defendants

[ECF Nos, 32,34
33]

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Pro se Nevada state-prison inmate Carlos Ruiz sues Warden Williams and a pair of

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correctional officers for due-process and equal-protection violations stemming from his 2012 prison-

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disciplinary proceedings and resultant placement in disciplinary segregation. Defendants move for

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summary judgment, and Ruiz countermoves for summary judgment. I grant defendants’ motion,

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deny Ruiz’s,1 enter judgment for defendants and against Ruiz, and close this case.

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Background

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On April 3, 2012, defendant Sgt. Carlman filed a written notice charging Ruiz with

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possession or sale of intoxicants.2 This offense includes “an attempt or conspiracy to commit” the

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violation under the prison’s regulations.3 The charge stemmed from a lock-down and cell search

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after Sgt. Carlman received a tip the day before about a possible heroin deal between members of the

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“Surenos” and the “Paisas” who were working yard labor, where Ruiz was assigned. On April 19,

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2012, a disciplinary hearing was held at which Ruiz pleaded not guilty and declined to call a

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witness.4 Defendant hearing officer Stephen Torsky found Ruiz guilty of the charged offense and

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I find these motions suitable for disposition without oral argument. L.R. 78-1.

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ECF No. 32-3 at 2.

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ECF No. 32-4.

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ECF No. 32-3.

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Case 2:14-cv-00412-JAD-CWH Document 37 Filed 12/19/16 Page 2 of 6

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sanctioned him to six months in disciplinary segregation.5

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Ruiz then filed this civil-rights complaint against Warden Williams and Sgts. Carlman and

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Torsky asserting three claims: “racial discrimination,” “racial profiling,” and “negligence/deliberate

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indifference.”6 In all three counts, Ruiz alleges that he was charged with possession or sale of

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intoxicants even though no drugs were found on his person or in his cell, found guilty, and sentenced

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to six months in administrative segregation and that only hispanic inmates are subjected to this type

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of treatment.7 I screened Ruiz’s complaint as required under the Prison Litigation Reform Act,8

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found that his allegations were best construed as claims for violations of due process and equal

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protection and permitted them to proceed, and I stayed this case for 90 days to allow the parties a

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chance to settle their dispute before discovery began or an answer was filed.9 After twice extending

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the stay,10 the parties notified the court that they were unable to reach a settlement. Discovery has

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now closed, and the parties have filed crossmotions for summary judgment.

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Discussion
A.

Due-process requirements for prison disciplinary proceedings

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When a prisoner faces disciplinary charges that could result in disciplinary segregation,

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prison officials must provide the prisoner with (1) a written statement at least 24 hours before the

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disciplinary hearing that includes the charges, a description of the evidence against the prisoner, and

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an explanation for the disciplinary action taken; (2) an opportunity to present documentary evidence

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and call witnesses, unless calling witnesses would interfere with institutional security; and (3) legal

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Id.

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ECF No. 6.

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ECF No. 7 at 2.

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28 U.S.C. § 1915A(b).

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ECF No. 7.

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ECF Nos. 13, 15.
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Case 2:14-cv-00412-JAD-CWH Document 37 Filed 12/19/16 Page 3 of 6

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assistance where the charges are complex or the inmate is illiterate.11

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In addition to these requirements, due process requires that there be “some evidence” to

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support the prison-disciplinary board’s decision to place a prisoner in disciplinary segregation.12

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As the Ninth Circuit has explained, the “some evidence” requirement is met if “there is any evidence

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in the record that could support” the board’s decision,13 and a single piece of evidence may suffice if

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it is sufficiently reliable.14 Thus, courts “do not examine the entire record, independently assess

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witness credibility, or reweigh the evidence,”15 and the evidence need not “logically preclude[] any

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conclusion but the one reached”16 by the board.
In his one-page countermotion for summary judgment,17 Ruiz does not seriously deny that he

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was provided notice and an opportunity to be heard. Instead he maintains that there was not

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sufficient evidence that he possessed or sold narcotics, and that he “did nothing wrong at all.”18 The

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record reflects that Ruiz was given the required notice and opportunity to be heard. The record also

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reflects that there was “some evidence” to support the disciplinary board’s decision.

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B.

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Defendants are entitled to summary judgment on Ruiz’s due-process claim.
The notice of charges filed by defendant Sgt. Carlman states that on April 3, 2012, he

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received a tip about a possible heroin deal between gang members belonging to the Surenos and

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Paisas that were working on the yard-labor crew that afternoon.19 Sergeant Carlman then obtained a

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See Wolff v. McDonnell, 418 U.S. 539, 563–70 (1974).

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Bruce v. Yist, 351 F.3d 1283, 1287–88 (9th Cir. 2003) (emphasis added).

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Bruce, 251 F.3d at 1287.

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Id. at 1288.

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Bruce at 1287.

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Superintendent v. Hill, 472 U.S. 445, 457 (1984).

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Ruiz did not file a response to defendants’ motion for summary judgment.

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ECF No. 34 at 1.

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ECF No. 32-3 at 2.

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Case 2:14-cv-00412-JAD-CWH Document 37 Filed 12/19/16 Page 4 of 6

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list of all of the inmates scheduled to work on the yard-labor crew that afternoon and cross-checked

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that list to determine which, if any, inmates were validated members of the Surenos or Paisas.20 Sgt.

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Coleman then organized cell searches and searches of the validated members on the list;21 a validated

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member of each gang was found in possession of black tar heroin.22 The heroin found on the Paisa

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member was discovered inside a small hidden pocket sewn into the inmate’s pants.23 A search of

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Ruiz’s property uncovered several small hidden pockets sewn into a pair of Ruiz’s pants and into his

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elastic back brace.24

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The prison-disciplinary hearing officer’s decision is supported by “some evidence.” He
relied on the fact that Ruiz was working on the yard-labor crew the afternoon when the tipster said

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that a drug deal would take place. Ruiz was classified as a Paisa and, like the inmates on whose

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person the black tar heroin was actually found, he had several small, hidden pockets sewn inside his

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clothing.25 The offense of possession or sale of narcotics includes “an attempt or conspiracy” to

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commit the violation, so Ruiz did not need to be found in actual possession of narcotics to be

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adjudicated guilty of that offense. Defendants have satisfied their burden on summary judgment,

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shifting the burden to Ruiz, who has not come forward with evidence to refute the conclusion that

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there was some evidence to support the hearing officer’s decision. Accordingly, defendants are

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entitled to summary judgment on claim one.

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Id.

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Id.

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Id.

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Id.

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Id.; ECF No. 32-6; ECF No. 32-7.

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ECF No. 32-3.

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C.

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Defendants are also entitled to summary judgment on Ruiz’s equal-protection claim.
The Prison Litigation Reform Act requires inmates to exhaust all available administrative

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remedies before filing “any suit challenging prison conditions.”26 Failure to properly exhaust all

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available administrative remedies as required by the PLRA is “an affirmative defense the defendant

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must plead and prove.”27

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The record reflects that Ruiz never filed any grievance complaining of racial or ethnic

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discrimination. The only grievance that Ruiz filed relating to the April 2012 charges was his claim

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that there was insufficient evidence to support the evidence against him.28 Accordingly, Ruiz’s

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equal-protection claim is barred by the PLRA because he failed to exhaust it.

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Even if Ruiz had properly exhausted this claim, defendants would be entitled to summary

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judgment its merits. To prevail on an equal-protection claim, a plaintiff must demonstrate that

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defendants acted with the intent and purpose to discriminate against him based upon membership in

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a protected class, or that defendants purposefully treated him differently than similarly situated

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individuals without any rational basis for the disparate treatment.29

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The record reflects that Ruiz was not searched, charged, and disciplined because of his

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membership in a protected class; Ruiz was searched, charged, and disciplined because of the tip that

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Sgt. Carlman received, Ruiz’s position on the yard-labor crew on the afternoon in question, and his

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status as a validated Paisa member:30 he fit the suspect criteria. Even if all Paisa and Sureno gang

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members are hispanic, there was a basis for the disparate treatment, and Ruiz does not allege or offer

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any evidence to show that a similar tip was made against gangs of different racial or ethnic makeups

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42 U.S.C. § 1997e(a).

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Jones v. Bock, 549 U.S. 199, 204 (2007).

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ECF No. 32-9.

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Lee v. City of Los Angeles, 250 F.3d 668, 686 (9th Cir. 2001); see also Vill. of Willowbrook v.
Olech, 528 U.S. 562, 564 (2000).

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ECF No. 32-2 (record showing that on August 10, 2006, Ruiz admitted to being affiliated with the
Paisa gang in his intake interview and that Ruiz’s “SGT’ (security threat group) status is Paisa).
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that was not investigated like this one was. Therefore, Ruiz’s equal-protection claim fails both

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because it is unexhausted under the PLRA and it lacks evidentiary support.

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Conclusion
Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED,

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ADJUDGED, and DECREED that defendants’ motion for summary judgment [ECF No. 32] is

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GRANTED, and Ruiz’s countermotion for summary judgment [ECF No.34 is DENIED.
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The Clerk of Court is directed to enter judgment for defendants and against Ruiz and CLOSE
THIS CASE.
Dated this 19th day of December, 2016.
_________________________________
________________ __
__ __________ __
_______
Jennifer A. Dorsey
nifer Dorsey
r
e
United States District Judge
Judge
ed States
tate
es
d

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