At page 787 Protecting inmate rights against state official retaliation20 citing casesParratt inapplicable to substantive claim of retaliation against prisoner for use of courts
- Johnson v. Grant, No. 2:23-cv-00577, 2024 WL 3673600 (M.D. Fla. Aug. 6, 2024).(There is no question that state officials may not retaliate against a prison inmate for exercising his legal right to access to the courts.)
- Deberry v. Kalisik, No. 2:21-cv-10409 (E.D. Mich. Dec. 28, 2022). Of particular note is the Eleventh Circuit case of Hall v. Sutton, 755 F.2d 786, 787 (11th Cir. 1985), in which that court found that the prisoner had pleaded a plausible retaliation claim based on the alleged confiscation of his tennis sh…
- Bledsoe v. Jefferson Cnty., No. 2:16-cv-02296 (D. Kan. May 7, 2021).(Where there is a claim of a substantive deprivation of a constitutional right, Parratt v. Taylor and the availability of state remedies provide no bar to federal court adjudication under 42 U.S.C. § 1983 .” (citations…)
- Montez Kennedy v. Mary Bonevelle, 413 F. App'x 836 (6th Cir. 2011).unpublishedId. at 604 (citing Penrod v. Zavaras, 94 F.3d 1399, 1404 (10th Cir.1996); Green v. Johnson, 977 F.2d 1383, 1389-91 (10th Cir.1992); Wright v. Newsome, 795 F.2d 964, 968 (11th Cir.1986); Hall v. Sutton, 755 F.2d 786, 787-88 (11th Cir.1985)).
- David Clark v. N. Johnston, 413 F. App'x 804 (6th Cir. 2011).unpublishedIn making this reference to other circuits, Bell cited the following cases: Penrod v. Zavaras, 94 F.3d 1399, 1404 (10th Cir.1996) (reversing grant of summary judgment to defendants on inmate’s claim that guards conducted harassing cell sea…
- Carsbia Van Taylor v. McSwain, 335 F. App'x 32 (11th Cir. 2009).unpublished Hall v. Sutton, 755 F.2d 786, 787-788 (11th Cir.1985).
- Earnest Bell, Jr. v. Robert Johnson, 308 F.3d 594 (6th Cir. 2002).publishedSee Penrod v. Zavaras, 94 F.3d 1399, 1404 (10th Cir.1996) (reversing grant of summary judgment to defendants on inmate’s claim that guards conducted harassing cell searches, seized legal materials, refused to provide inmate with hygiene it…
- Bell v. Johnson, No. 01-1286 (6th Cir. Oct. 17, 2002).publishedThe plaintiffs evidentiary burden is merely to establish 1986) (same); Hall v. Sutton, 755 F.2d 786, 787-88 (11th Cir. the factual basis for his claim that the retaliatory acts 1985) (holding that inmate alleged sufficient facts to state a…
- Ringsred v. City of Duluth, 187 F. Supp. 2d 1141 (D. Minn. 2001).publishedSee, e.g., id.; Garland [v. Polley], 594 F.2d [1220, 1223 (8th Cir.1979) ]; Hall v. Sutton, 755 F.2d 786, 787 (11th Cir.1985); Matzker v. Herr, 748 F.2d 1142, 1150-51 (7th Cir.l984)(“An act taken in retaliation for the exercise of a consti…
- Warmus v. Hank, 48 F.3d 1220 (6th Cir. 1995).publishedSee also Franco v. Kelly, 854 F.2d 584, 589 (2d Cir.1988) (Intentional obstruction of the right to seek redress " 'is precisely the sort of oppression that ... section 1983 [is] intended to remedy.' " (quoting Morello v. James, 810 F.2d 34…
Show 9 more citing cases
- Albert Thomas v. David C. Evans, 880 F.2d 1235 (11th Cir. 1989).published(prisoner stated a retaliation claim based on confiscation of various personal possessions)
- Morello v. James, 810 F.2d 344 (2d Cir. 1987).published(Parratt inapplicable to substantive claim of retaliation against prisoner for use of courts)
- Vincent Morello v. Charles James, J. Nowakawski, Corr. Officer, & Thomas A. Coughlin, Comm'r of the New York State Dep't of Corr. Servs., Vincent Morello v. Harold J. Smith, Superintendent, Thomas A. Coughlin, & Unknown Corr. Officers, 810 F.2d 344 (2d Cir. 1987).published(Parratt inapplicable to substantive claim of retaliation against prisoner for use of courts)
- Morello v. James, 627 F. Supp. 1571 (W.D.N.Y. 1986).publishedId., at 787-88.
- Harrison v. Springdale Water & Sewer Comm'n, 780 F.2d 1422 (8th Cir. 1986).published See, e.g., id.; Garland, 594 F.2d at 1223 ; Hall v. Sutton, 755 F.2d 786, 787 (11th Cir.1985); Matzker v. Herr, 748 F.2d 1142, 1150-51 (7th Cir.1984) (“An act taken in retaliation for the exercise of a constitutionally protected right is a…
- Darryl Pruitt v. City of Montgomery, 771 F.2d 1475 (11th Cir. 1985).published(Parratt does not bar First Amendment claim)
- Monteer v. ABL Mgmt. Inc., No. 4:21-cv-00756 (E.D. Mo. Aug. 30, 2022).See, e.g., Hall v. Sutton, 755 F.2d 786, 787 (11th Cir. 1985).
- Francisco Franco v. Walter Kelly, 854 F.2d 584 (2d Cir. 1988).publishedSee also Daniels, 474 U.S. at 338 , 106 S.Ct. at 678 (Stevens, concurring in the judgment) (noting that if a state infringes on a substantive constitutional right, the mere presence of procedural protections or state law remedies cannot de…
- Michael Alan Crooker v. Thomas Mulligan, 788 F.2d 809 (1st Cir. 1986).publishedSee, e.g., Hall v. Sutton, 755 F.2d 786, 787 (11th Cir.1985); McDonald v. Hall, 610 F.2d 16, 18 (1st Cir.1979).
Other citing cases
- Parks v. Crider, 640 N.E.2d 1191 (Ohio Ct. App. 12th Dist. 1994).published
- Little v. City of North Miami, 805 F.2d 962 (11th Cir. 1986).published
- Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir. 1985).published
v.
Ron SUTTON, Assoc. Commissioner J.O. Davis, Warden James Cooke, Defendants-Appellees
Appellant Hall, a state prison inmate in Alabama, appeals the district court’s decision granting appellees’ (prison officials) motion to dismiss under Fed.R.Civ.P. 12(b)(6) in this action under 42 U.S.C.A. § 1983.
In his complaint, Hall makes three claims. He refers to his first claim as a violation of his First Amendment rights. The complaint relates to a box of incense which Hall received to be used for religious purposes and which was confiscated. The face of the complaint reveals, however, that Hall agreed that the incense was to be mailed to his home, and that the remaining dispute relates only to whether or not Hall provided the prison officials with postage to permit the mailing. There being no remaining dispute between the parties relating to Hall’s right to use incense for religious purposes, i.e., there being no colora-ble First Amendment dispute, we affirm the district court’s dismissal of this claim on the ground that there is an adequate state remedy for the postage dispute and, thus, it is barred by Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). [1]
Hall’s third claim is that the prison officials confiscated and destroyed undershorts belonging to Hall in violation of due process of law. We affirm the district court’s dismissal of this claim on the ground that there is an adequate state remedy for this alleged deprivation of property and, accordingly, the claim is barred by Parratt v. Taylor, supra.
Hall’s second claim relates to an alleged confiscation of Hall’s tennis shoes. The claim is similar to the claim with respect to his undershorts, and would have been barred by Parratt v. Taylor, except that Hall asserts that his tennis shoes were confiscated in retaliation for his litigation against the prison officials in a prior suit. With the retaliation assertion, the claim is no longer a mere due process claim, but rather implicates Hall’s constitutional right to meaningful access to the courts. See Bounds v. Smith, 430 U.S. 817, 824, 97 S.Ct. 1491, 1496, 52 L.Ed.2d 72 (1977). There is no question that state officials may not retaliate against a prison inmate for exercising his legal right of access to the courts. Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969); Courtney v. Reeves, 635 F.2d 326, 329-30 (5th Cir. Unit A Jan. 9, 1981); [2] Cruz v. Beto, 603 F.2d 1178, 1185 (5th Cir.1979).
Where there is a claim of a substantive deprivation of a constitutional right, Parratt v. Taylor and the availability of state remedies provide no bar to federal court adjudication under 42 U.S.C.A.[*788] § 1983. Patsy v. Florida Bd. of Regents, 457 U.S. 496,102 S.Ct. 2557, 73 L.Ed.2d 172 (1982); McNeese v. Bd. of Education, 373 U.S. 668, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963); Monroe v. Pape, 365 U.S. 167, 183, 81 S.Ct. 473, 482, 5 L.Ed.2d 492 (1961) (“The federal remedy is supplemental to the state remedy, and the latter need not be first sought and refused before the federal one is invoked”) (Fourth Amendment claim); Lewis v. Hillsborough Transit Authority, 726 F.2d 668 (11th Cir.1984) (on rehearing) (Parratt holds that a plaintiff has not stated a due process claim under § 1983 if state procedures are adequate; Patsy holds that a plaintiff need not exhaust state procedures in cases where a substantive § 1983 claim has been stated); Cate v. Oldham, 707 F.2d 1176, 1188 n. 9 (11th Cir.1983) (“The analysis in Parratt is uniquely applicable to cases where the basis of a § 1983 action is a due process claim and is irrelevant to appellant’s First Amendment argument”); cf. Hudson v. Palmer, — U.S.-,-n. 4, 104 S.Ct. 3194, 3197 n. 4, 82 L.Ed.2d 393, 412 n. 4 (1984) (“I join ... the opinion of the Court on the understanding that it simply applies the holding of Parratt v. Taylor ... to the facts of this case. [T]he Court’s holding [does not] apply to conduct that violates a substantive constitutional right — actions governmental officials may not take no matter what procedural protections accompany them____”) (Stevens, J., concurring in relevant part).
Since the district court dismissed for failure to state a claim under Fed.R. Civ.P. 12(b)(6), Hall is entitled to a reversal and an opportunity to prove his claim unless it is “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957); cf. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (allegations of pro se complaint held “to less stringent standards than formal pleadings drafted by lawyers ... ”). Because it is conceivable that Hall can prove facts in support of his claim that prison officials retaliated against him because of his previous use of the courts, we must reverse and remand for further proceedings with respect to that claim.
AFFIRMED in part, REVERSED in part, AND REMANDED for proceedings not inconsistent with this opinion.
. In Hudson v. Palmer, -U.S.-, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), the Supreme Court extended the holding in Parratt, that a negligent deprivation of property by state officials does not violate due process if an adequate state procedure exists to redress such deprivation, to intentional deprivations, such as those alleged in this case.
. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), this court adopted as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. Id. at 1209.