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Davidson v. McSwain-Holland

United States District Court, M.D. Alabama, Southern Division

January 27, 2015

KENNETH W. DAVIDSON, #274 925, Plaintiff,


SUSAN RUSS WALKER, Chief Magistrate Judge.

This 42 U.S.C. ยง 1983 action is pending before the court on a complaint filed by Plaintiff, an inmate incarcerated at the Coffee County Jail in New Brockton, Alabama. Plaintiff brings this lawsuit seeking to challenge the actions of correctional officials regarding three incidents which occurred during his incarceration at the Elba Community Based Facility/Work Center in July 2012, which Plaintiff alleges subjected him to racial discrimination in violation of his right to equal protection. Named as defendants are Sharon McSwain-Holland, Chief Steward Jesse Youngblood, and Sergeant Crystal Smith-James. For relief, Plaintiff requests that he receive punitive damages, that Defendants be "held liable for their indiscretions, " and that he be assured that neither Defendants nor the ADOC will subject him to retribution or retaliation. Doc. No. 1 .

Pursuant to the orders of this court, Defendants filed an answer, special report, and supporting evidentiary material addressing Plaintiff's claims for relief. Doc. Nos. 14, 15 . The court then informed Plaintiff that Defendants' special report may, at any time, be treated as a motion for summary judgment, and the court explained to Plaintiff the proper manner in which to respond to a motion for summary judgment. Doc. No. 17. Plaintiff filed a response to the special report. Doc. No. 18 . This case is now pending on Defendants' motion for summary judgment. Upon consideration of the motion, the evidentiary materials filed in support thereof, and Plaintiff' opposition to the motion, the court concludes that Defendants' motion for summary judgment is due to be granted.


"Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine [dispute] as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Greenberg v. BellSouth Telecomm., Inc., 498 F.3d 1258, 1263 (11th Cir. 2007) (per curiam) (citation to former rule omitted); Fed.R.Civ.P. 56(a) ("The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.").[1] The party moving for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the [record, including pleadings, discovery materials and affidavits], which it believes demonstrate the absence of a genuine [dispute] of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The movant may meet this burden by presenting evidence indicating there is no dispute of material fact or by showing the nonmoving party has failed to present evidence to support some element on which it bears the ultimate burden of proof. Id. at 322-324.

Defendants have met their evidentiary burden and demonstrated the absence of any genuine dispute of material fact. Thus, the burden shifts to Plaintiff to establish, with appropriate evidence beyond the pleadings, that a genuine dispute material to his case exists. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991); Celotex, 477 U.S. at 324; Fed.R.Civ.P. 56(e)(3) ("If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required [by citing to materials in the record including affidavits, relevant documents or other materials] the court may... grant summary judgment if the motion and supporting materials - including the facts considered undisputed - show that the movant is entitled to it.") A genuine dispute of material fact exists when the nonmoving party produces evidence that would allow a reasonable fact-finder to return a verdict in its favor. Greenberg, 498 F.3d at 1263. Consequently, to survive Defendants' properly supported motion for summary judgment, Plaintiff must produce "sufficient [favorable] evidence" which would be admissible at trial supporting his claims for relief. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986); Rule 56(e), Federal Rules of Civil Procedure . "If the evidence [on which the nonmoving party relies] is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249-250 (internal citations omitted). "A mere scintilla' of evidence supporting the opposing party's position will not suffice; there must be enough of a showing that the [trier of fact] could reasonably find for that party. Anderson v. Liberty Lobby, 477 U.S. 242, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986)." Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990). Conclusory allegations based on subjective beliefs likewise cannot create a genuine issue of material fact and, therefore, do not suffice to oppose a motion for summary judgment. Holifield v. Reno, 115 F.3d 1555, 1564 n.6 (11th Cir. 1997) (plaintiff's "conclusory assertions..., in the absence of [admissible] supporting evidence, are insufficient to withstand summary judgment."); Harris v. Ostrout, 65 F.3d 912, 916 (11th Cir. 1995) (grant of summary judgment appropriate where inmate produces nothing beyond his own conclusory allegations challenging actions of the defendants); Fullman v. Graddick, 739 F.2d 553, 557 (11th Cir. 1984) ("mere verification of party's own conclusory allegations is not sufficient to oppose summary judgment...."). Hence, when a plaintiff fails to set forth specific facts supported by requisite evidence sufficient to establish the existence of an element essential to his case and on which the plaintiff will bear the burden of proof at trial, summary judgment is due to be granted in favor of the moving party. Celotex, 477 U.S. at 323 ("[F]ailure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial."); Barnes v. Southwest Forest Industries, Inc., 814 F.2d 607, 609 (11th Cir. 1987) (If on any part of the prima facie case the plaintiff presents insufficient evidence to require submission of the case to the trier of fact, granting of summary judgment is appropriate).

For summary judgment purposes, only disputes involving material facts are relevant. United States v. One Piece of Real Property Located at 5800 SW 74 th Avenue, Miami, Florida, 363 F.3d 1099, 1101 (11th Cir. 2004). What is material is determined by the substantive law applicable to the case. Anderson, 477 U.S. at 248; Lofton v. Secretary of the Dept. of Children and Family Services, 358 F.3d 804, 809 (11th Cir. 2004) ("Only factual disputes that are material under the substantive law governing the case will preclude entry of summary judgment."). "The mere existence of some factual dispute will not defeat summary judgment unless that factual dispute is material to an issue affecting the outcome of the case." McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir. 2003). To demonstrate a genuine dispute of material fact, the party opposing summary judgment "must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine [dispute] for trial.'" Matsushita Elec. Indus. Co. Ltd., v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986) (internal citations omitted). In cases where the evidence before the court which is admissible on its face or which can be reduced to admissible form indicates there is no genuine dispute of material fact and establishes the party moving for summary judgment is entitled to it as a matter of law, summary judgment is proper. Celotex, 477 U.S. at 323-324 (Summary judgment is appropriate where pleadings, evidentiary materials and affidavits before the court show there is no genuine dispute on a requisite material fact.); Waddell v. Valley Forge Dental Associates, Inc., 276 F.3d 1275, 1279 (11th Cir. 2001) (to establish a genuine dispute of material fact, the nonmoving party must produce evidence such that a reasonable trier of fact could return a verdict in his favor.).

Although factual inferences must be viewed in a light most favorable to the nonmoving party and pro se complaints are entitled to liberal interpretation by the courts, a pro se litigant does not escape the burden of establishing by sufficient evidence a genuine dispute of material fact. See Beard, 548 U.S. at 525; Brown v. Crawford, 906 F.2d 667, 670 (11th Cir. 1990). Thus, Plaintiff's pro se status alone does not mandate this court's disregard of elementary principles of production and proof in a civil case. Here, Plaintiff fails to demonstrate a requisite genuine dispute of material fact in order to preclude summary judgment.


Plaintiff claims that Defendants subjected him to racial discrimination once on July 25, 2012, and twice on July 30, 2012. Regarding the incident on July 25, Plaintiff was working outside at the canteen storage trailer when chow was called. Plaintiff complains that, when he arrived at the chow hall at 12:20 p.m., Defendant Youngblood refused to feed him but allowed two African-American inmates who had also been on the Compound to eat. Doc. No. 1 at 3.

Plaintiff also alleges that a racially discriminatory incident occurred at 10:00 a.m. on July 30, 2012. He alleges that an African-American inmate at the work release center was found in possession of contraband on July 22, 2012. The inmate claimed that he obtained the contraband from the laundry facility where two African-American inmates worked, but then changed his story and alleged that he got the contraband from maintenance. Plaintiff was the only inmate who worked at maintenance. Although Defendant Smith-James absolved Plaintiff of any wrongdoing in the incident, Plaintiff complains that he was subsequently removed from his job at maintenance. The African-American inmates who worked in the laundry received no punishment and, although the inmate caught with the contraband was placed in lock-up, Defendant McSwain-Holland "allowed [him] to E.O.S on 7-29-2012 with no loss of privileges nor good time removed or taken." Doc. No. 1 at 3-4.

The third incident of alleged race discrimination occurred on July 30, 2012, at 7:55 p.m. After his shower, Plaintiff stopped at the officer's station to pick up various hygiene articles but "was denied." An African-American inmate who showered at the same time as Plaintiff "received his about (3) min[utes] after [Plaintiff's] leaving the station." Doc. No. 1 at 4.

A. Defendant Smith-James

In his opposition, Plaintiff indicates that the conduct of Defendant Smith-James about which he complains "may have been an oversight by her because it has not happened again." Doc. No. 18 . Plaintiff indicates that he does not oppose her dismissal from this case. Id. To the extent that Plaintiff's opposition contains a motion to dismiss Defendant ...

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