Brooks v. Liptrot et al

Filing 56

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 8/21/2013. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Curtis Ray Brooks,
Plaintiff,

)
)
l:12cv!405(LMB/JFA)

v.

Lieutenant Liptrot, et ah,
Defendants.

MEMORANDUM OPINION

Curtis Ray Brooks,a Virginia inmate proceeding pro se, has filed a civil rights action,

pursuant to 42 U.S.C. § 1983, allegingthat Lieutenant A. Liptrot violatedhis Fourteenth
Amendment right to procedural due process by placinghim in a segregated housing unit
("SHU") and that Mr. Roth Nichols was deliberately indifferent to plaintiffs serious medical
needs while plaintiff was housed in the SHU. For relief, Brooks seeks $500,000 in damages,
transfer to either the Buckingham, Greensville, or Nottoway Correction Centers, a cease and

desist order against all facilities using evidence based practice programs and expungement of any
and all institutional infractions from his record. Each defendant filed a Motion for Summary
Judgment and informed plaintiff that he had twenty-one (21) days to respond pursuant to

Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975). Plaintiff has responded; accordingly, this
matter is now ripe for disposition. For the below-stated reasons, summary judgment will be
granted to each defendant, and plaintiffs other pending motions will be denied as moot.
I. Background

The following facts are undisputed. Plaintiff has been confined at Sussex II State Prison

since September 18,2002 and was housed in general population in Housing Unit 4 through