Angie Brown v. Virginia Beach Sheriff's Office
697 F. App'x 161
| 4th Cir. | 2017Background
- Angie Brown, a Virginia inmate proceeding pro se, sued the Virginia Beach Sheriff’s Office (VBSO) and two employees, Caldwell and Anderson, under 42 U.S.C. § 1983 alleging retaliation for filing grievances.
- District court dismissed her complaint; Brown appealed.
- District court relied on Adams v. Rice to reject claims based on access to the grievance process.
- This Court examined whether retaliation for filing grievances is a First Amendment claim distinct from a liberty interest in accessing grievance procedures.
- The panel concluded some claims must be reinstated (retaliation) while others and the VBSO claim remain properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Whether retaliating against an inmate for filing grievances violates the First Amendment | Brown: filing grievances is protected speech and defendants retaliated, deterring her from complaint | Defendants: no constitutional right to be free from retaliation for filing grievances (relying on Adams) | Vacated district court dismissal; retaliation claim viable and remanded for further proceedings | |
| Whether refusing to accept a grievance is a constitutional violation (access to grievance procedures) | Brown: refusal to accept grievance violated her rights | Defendants: access to grievance procedures is not a constitutionally protected interest | Affirmed dismissal under Adams; access claim not constitutionally protected | |
| Whether the Virginia Beach Sheriff’s Office is a proper defendant under § 1983 | Brown: VBSO is liable for constitutional violations | VBSO: as a state entity it is not a “person” under § 1983 | Affirmed dismissal; VBSO not a § 1983 defendant | |
| Procedural: whether Caldwell and Anderson should be on the district docket | Brown identified them as defendants in the complaint | District docket omitted their names | Court instructed they be added on remand | Instructed district court to add Caldwell and Anderson as defendants on remand |
Key Cases Cited
- Adams v. Rice, 40 F.3d 72 (4th Cir. 1994) (grievance procedure access does not create a constitutional liberty interest)
- Raub v. Campbell, 785 F.3d 876 (4th Cir. 2015) (elements of a § 1983 First Amendment retaliation claim)
- Constantine v. Rectors & Visitors of George Mason Univ., 411 F.3d 474 (4th Cir. 2005) (adverse action standard: likely to deter a person of ordinary firmness)
- Booker v. S.C. Dep’t of Corr., 855 F.3d 533 (4th Cir. 2017) (inmate has a First Amendment right to be free from retaliation for filing grievances)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (state entities are not "persons" under § 1983)