Collier (ID 47548) v. Bryan
5:12-cv-03102
D. Kan.Jan 23, 2013Background
- Collier, a prisoner in Kansas, filed a pro se §1983 complaint in the District of Kansas (Case No. 12-3102-SAC).
- Plaintiff alleges a disciplinary incident for disobeying an order to get off the grass, contending the area was not restricted and charges were filed to harass.
- Plaintiff claims the hearing officer did not allow witnesses who would support his defense.
- Defendants include the officer who wrote the disciplinary report, the Unit Team Manager who approved it, and other prison officials involved in or upholding the discipline.
- The court screened the complaint under 28 U.S.C. §1915A, found no actionable constitutional claim, and ordered a show-cause; amended complaint was subsequently evaluated.
- The court ultimately granted amendment but dismissed the amended complaint as stating no claim, and related rulings on pending motions were made moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due Process viability of the disciplinary actions | Collier asserts a due process violation from the charges and adjudication | Disciplinary sanction was not atypical; actions served penological interests | No due process claim; no atypical hardship established |
| Equal Protection viability | Plaintiff argues disparate treatment and protected status | No suspect class or differential treatment shown | No equal protection claim |
| Deliberate indifference and violations of codes | Alleges deliberate indifference and violation of professional rules | Labels of deliberate indifference and code violations do not state §1983 claim | No §1983 claim for deliberate indifference or code violations |
Key Cases Cited
- Sandin v. Conner, 515 U.S. 472 (U.S. Supreme Court, 1995) (disciplinary actions must be atypical and significant to trigger due process)
- Crawford-El v. Britton, 523 U.S. 574 (U.S. Supreme Court, 1998) (bare malice allegations insufficient to state a constitutional claim)
- Bell v. Wolfish, 441 U.S. 520 (U.S. Supreme Court, 1979) (prison policies receive deference in maintaining order and safety)
- Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. Supreme Court, 2007) (pleading requires plausible claims, not mere labels)
- Jones v. City & County of Denver, Colo., 854 F.2d 1206 (10th Cir., 1998) (state professional codes do not alone support §1983 claims)