443 F. App'x 316
10th Cir.2011Background
- Rocha, a state inmate, sued Defendants in both official and individual capacities
- He was placed on Restricted Privilege (RP) status in June 2008 after informal complaints about kitchen staff
- RP status allegedly restricted speech, communication with inmates, recreation, canteen purchases, housing, and clothing
- Rocha alleges injury from work conditions while on RP status and files a grievance five days later
- District court dismissed Rocha’s entire complaint under Rule 12(b)(6) with prejudice; on appeal, the dismissal was affirmed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rocha’s First Amendment retaliation claim states a claim under the proper test | Rocha engaged in protected activity and faced retaliation | No viable chilling effect or personal participation by named Defendants | Claims fail; no chill evidence or personal participation shown |
| Whether Rocha’s class-of-one equal protection claim is viable | Rocha was singled out without rational basis | No properly identified similarly situated individuals or rational basis shown | Claim fails for lack of identifying similarly situated comparator and rational basis |
| Whether Rocha’s Eighth Amendment conditions-of-confinement claim is viable | RP status and dangerous working conditions show deliberate indifference | No evidence Defendants subjectively knew and disregarded a risk | Claim fails; no showing of subjective knowledge and disregard |
Key Cases Cited
- Leverington v. City of Colorado Springs, 643 F.3d 719 (10th Cir. 2011) (retaliation test when no employer-employee or contract relation exists)
- Worrell v. Henry, 219 F.3d 1197 (10th Cir. 2000) (test for retaliation claims against non-employers)
- Village of Willowbrook v. Olech, 528 U.S. 562 (U.S. 2000) (class-of-one equal protection requires irrational or irrationally based treatment)
- Jicarilla Apache Nation v. Rio Arriba County, 440 F.3d 1202 (10th Cir. 2006) (similarly situated standard for class-of-one claims)
- Mimics, Inc. v. Village of Angel Fire, 394 F.3d 836 (10th Cir. 2005) (relevance of rational basis to class-of-one inquiry)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for Eighth Amendment)
- Wilson v. Seiter, 501 U.S. 294 (U.S. 1991) (two-prong objective/subjective standard for conditions of confinement)
- Griess v. Colorado, 841 F.2d 1042 (10th Cir. 1988) (Eleventh Amendment considerations in amendments and suits)
- Foman v. Davis, 371 U.S. 178 (1962) (abuse of discretion standard on amendment denial)