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Slip Opinion
N.D.N.Y.
2018
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Background

  • Plaintiff Eric Walker, a pro se inmate, sued under 42 U.S.C. § 1983 alleging excessive force, retaliation, and due process violations arising from events at Washington Correctional Facility on December 2, 2015.
  • Defendants: Captain R. Ball (hearing officer), Acting Appeals Director A. Rodriguez, Correction Officer St. Johns, and Sergeant Wm. Noonan (misbehavior report author).
  • After an incident, Noonan issued a misbehavior report charging attempted assault on staff, violent conduct, and failure to obey; Walker was placed in SHU and received a disciplinary hearing on December 9, 2015.
  • Walker had an employee assistant, waived/declined most witnesses but later requested inmate Devon Williams (who refused to testify); Noonan and St. Johns testified and Ball found Walker guilty; Rodriguez affirmed on appeal.
  • Walker did not file any DOCCS grievances about the December 2 events and has not responded to defendants’ summary judgment motion or updated his address; the court lost contact with him.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether case should be dismissed for failure to prosecute/address update Walker did not provide current address or respond to motion (no argument presented) Defendants asked dismissal under Fed. R. Civ. P. 41 due to lack of prosecution and notice Recommended dismissal under Rule 41 for failure to prosecute and to update address; factors weigh in favor of dismissal
Whether claims against Noonan and St. Johns exhausted administrative remedies Walker concedes or offers no evidence of filing grievances regarding Dec. 2 misconduct; raised general concerns that mail tampering may have affected grievance filing Defendants show DOCCS grievance procedure was available and Walker used it for other issues Held Walker failed to exhaust; claims against Noonan and St. Johns dismissed for non-exhaustion
Whether Ball and Rodriguez violated due process in disciplinary proceeding Walker contends Ball was disqualified/bias and hearing procedure violated DOCCS regs; challenges sufficiency of evidence Defendants show advance notice, assistant, opportunity to call witnesses, transcript, written disposition, and testimony supporting the finding; Rodriguez only reviewed appeal Held disciplinary process complied with Wolff; Ball impartial; sufficient "some evidence"; Rodriguez not liable for affirming a valid hearing
Whether defendants entitled to qualified immunity Walker asserts constitutional violations (due process) based on alleged procedural/regulatory errors Defendants argue no clearly established federal right was violated and law does not convert state-regulatory breaches into constitutional violations; at minimum law unclear on "some evidence" standard Held Ball and Rodriguez entitled to qualified immunity; reasonable officials could have believed their actions lawful

Key Cases Cited

  • Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
  • Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting)
  • Wolff v. McDonnell, 418 U.S. 539 (due process requirements in prison disciplinary hearings)
  • Ross v. Blake, 136 S. Ct. 1850 (2016) (availability requirement for exhaustion under PLRA)
  • Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
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Case Details

Case Name: Walker v. Ball
Court Name: District Court, N.D. New York
Date Published: Feb 16, 2018
Citations: 2018 WL 1415212; 9:16-cv-00437
Docket Number: 9:16-cv-00437
Court Abbreviation: N.D.N.Y.
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