Marty Dunbar v. Barone
487 F. App'x 721
3rd Cir.2012Background
- Dunbar, an inmate at SCI-Forest, filed a pro se 42 U.S.C. § 1983 complaint asserting First, Fifth, Eighth, and Fourteenth Amendment violations.
- He alleged harassment and retaliation by prison staff for his legal work and exposing staff behavior, including cell searches, mail interference, and confiscation of legal documents.
- He claimed race-based harassment (KKK hood imagery, Nazi salutes, offensive door picture) and a falsified misconduct charge leading to disciplinary custody.
- He argued the hearing examiner denied witnesses at the misconduct hearing; a Grievance Coordinator allegedly refused to process some grievances.
- Dunbar amended the complaint to sue Defendants in official and personal capacities; Defendants moved for summary judgment, challenging exhaustion and meritorious defenses; Dunbar sought TRO and a hearing, which were denied.
- The district court granted summary judgment; the Third Circuit reviews de novo and affirms if no genuine issues exist.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies foreclosing claims | Dunbar exhausted remedies by filing grievances | Remedies not exhausted for most claims | Summary judgment proper on exhaustion grounds |
| Eighth Amendment retaliation as to threats and harassment | Threats/gestures show retaliation | Verbal threats and gestures alone are insufficient | Claims fail for lack of sufficiently adverse action or causation |
| Retaliation regarding false misconduct charge | Charge was retaliatory for legal activity | Charge supported by credible evidence and investigation | No genuine triable issue; record supports legitimate penological interest |
| Access to courts claim (interference with mail/grievances) | Interference impeded pending lawsuits/grievances | No actual injury shown; Dunbar had no pending suits; relief obtained review of claims | No actual injury; claim fails |
| Right to call witnesses in disciplinary hearing; due process | Denied witness rights due to missing form | Disciplinary custody imposed; no atypical hardship shown | No protected liberty interest; due process not violated |
Key Cases Cited
- Rauser v. Horn, 241 F.3d 330 (3d Cir. 2001) (adverse action required for retaliation; adversity factors in prison context)
- Mitchell v. Horn, 318 F.3d 523 (3d Cir. 2003) (adversity benchmarks for retaliation claims in prison)
- Allah v. Seiverling, 229 F.3d 220 (3d Cir. 2000) (retaliation must show more than de minimis adverse action)
- Wolff v. McDonnell, 418 U.S. 539 (1974) (due process protections in disciplinary proceedings)
- Sandin v. Conner, 515 U.S. 472 (1995) (precludes due process claim unless atypical and significant hardship)
- Griffin v. Vaughn, 112 F.3d 703 (3d Cir. 1997) (disciplinary custody not necessarily atypical; depends on context)
- Smith v. Mensinger, 293 F.3d 641 (3d Cir. 2002) (further framework for due process in disciplinary cases)
- Carter v. McGrady, 292 F.3d 152 (3d Cir. 2002) (summary judgment on retaliation where misconduct would occur anyway)
- Quiroga v. Hasbro, Inc., 934 F.2d 497 (3d Cir. 1991) (mere allegations insufficient to defeat summary judgment)
- DeWalt v. Carter, 224 F.3d 607 (7th Cir. 2000) (verbal threats alone not actionable)
- Henderson v. Baird, 29 F.3d 464 (8th Cir. 1994) (some evidence standard in disciplinary actions)