Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
7-11-2005
Szemple v. Talbot
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-1385
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Recommended Citation
"Szemple v. Talbot" (2005). 2005 Decisions. Paper 875.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/875
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BPS-233 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 05-1385
________________
CRAIG FRANCIS SZEMPLE,
Appellant
v.
PAUL TALBOT;
ROY L. HENDRICKS, Administrator New Jersey State Prison;
DEVON BROWN, Commissioner of New Jersey Department of Corrections;
CORRECTIONAL MEDICAL SERVICES, INC.;
JOHN DOE, Shift Supervisor
_______________________________________
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civ. No. 04-CV-05338)
District Judge: Honorable Mary L. Cooper
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) or Summary Action
Under Third Circuit LAR 27.4 and I.O.P. 10.6
May 5, 2005
Before: RENDELL, FISHER and VAN ANTWERPEN, Circuit Judges.
(Filed : July 11, 2005)
_______________________
OPINION
_______________________
FISHER, Circuit Judge.
Craig Francis Szemple appeals from an order of the United States District Court
for the District of New Jersey dismissing his complaint before service pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1). For the reasons that follow, we will affirm.
In his complaint and amended complaint, Szemple alleged that sometime in 2003,
he filed a civil action against Correctional Medical Services, Inc. and others, alleging
deliberate indifference to his medical needs. On Friday, January 2, 2004, he reported to
the medical clinic at the New Jersey State Prison to have a prescription renewed. When
Szemple requested the prescription, defendant Dr. Paul Talbot, who Szemple alleges was
aware of his 2003 lawsuit, replied, “Sue, sue, sue. You go back now, we’ll see about
this.” Szemple replied, “We’ll see about this.” Later that day, prison guards came to
Szemple’s cell, handcuffed him, and escorted him to solitary confinement detention
where he was subjected to a strip search and placed in a cell. Szemple alleges that he was
“housed there continuously without any visits, recreation or access to a telephone until a
hearing was afforded.”
The next day, a prison guard provided Szemple with a copy of a Form 529
(Disciplinary Report), by which an unknown shift supervisor authorized his placement in
pre-hearing detention. The form also contained Dr. Talbot’s signature, and accused
Szemple of threatening him in violation of N.J.A.C. 10A:4-4.1(a).005. The form
recounted Szemple’s statement, “We’ll see about this,” but did not include Talbot’s
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preceding statement. The form stated that Talbot felt threatened because of Szemple’s
posturing and body language.
On Monday, January 5, 2004, Szemple had a hearing before a disciplinary hearing
officer, and was exonerated. He was released from solitary confinement and returned to
the general prison population.
Szemple’s complaint alleged that these actions violated his due process rights, and
constituted retaliation for his 2003 lawsuit. As relief, Szemple sought compensatory
damages, punitive damages, declaratory relief, and costs and fees. Szemple’s amended
complaint added further counts alleging that defendants violated his due process rights
pursuant to certain New Jersey statutory provisions.
The District Court held that the claims against defendants Devon Brown, Roy
Hendricks, and Correctional Medical Services must be dismissed, as Szemple made no
claims that those defendants were personally involved. The Court dismissed the claims
against all defendants in their official capacities, finding they were immune to liability
pursuant to the Eleventh Amendment. The Court also held that Szemple’s disciplinary
confinement did not rise to the level of an atypical or significant hardship that might
create a protected liberty interest and therefore dismissed his due process claims. Finally,
the District Court recognized that a retaliation claim can survive even when the retaliatory
action does not involve a liberty interest, but determined that Szemple’s statement to
Talbot, along with his body language, was the motivating factor for the disciplinary
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charge against Szemple, rather than Szemple’s previously filed lawsuit. The District
Court concluded that Szemple’s complaint failed to state a claim upon which relief could
be granted, and dismissed the complaint.
Our review of a court’s sua sponte dismissal of a complaint pursuant to 28 U.S.C.
§ 1915(e) is plenary. Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000). We accept
the factual allegations of the complaint as true and make all reasonable inferences
therefrom. Id. For the reasons stated by the District Court, we agree that Szemple’s
claims against those defendants who were not alleged to be personally involved, as well
as his claims for damages against state officials in their official capacities, must be
dismissed. We further agree that Szemple’s allegations do not show that he was deprived
of a liberty interest, and that his due process claims must be dismissed.
Turning to the retaliation claim, as the District Court properly noted, “A prisoner
alleging retaliation must show (1) constitutionally protected conduct, (2) an adverse
action by prison officials sufficient to deter a person of ordinary firmness from exercising
his constitutional rights, and (3) a causal link between the exercise of his constitutional
rights and the adverse action taken against him.” Mitchell v. Horn, 318 F.3d 523, 530 (3d
Cir. 2003) (internal quotations and citations omitted). Szemple’s filing of his 2003
lawsuit was an exercise of his First Amendment right of access to the courts. However,
the District Court found that Szemple did not meet the second and third prongs. First, the
Court found he had not suffered an adverse action, as he was found not guilty of the
4
charge against him. Second, the Court found that Szemple had not established a causal
link. We agree that Szemple’s complaint failed to state a claim for retaliation.
As to the adverse action requirement, we have found that confinement in
administrative segregation can constitute adverse action. Allah, 229 F.3d at 225-26.
However, Szemple’s confinement was limited to a few days, and his complaint does not
describe any conditions of confinement that would deter a person of ordinary firmness
from exercising his constitutional rights.
We further agree that Szemple failed to show a causal link between the lawsuit he
had filed a year before and Talbot’s initiation of disciplinary charges against him. Rather,
Talbot indicated that he felt threatened by Szemple’s body language and his statement,
“We’ll see about that.” Because Szemple failed to satisfy the elements of a retaliation
claim, the District Court properly dismissed the claim.
For the foregoing reasons, and those stated by the District Court, we will affirm the
District Court’s judgment.1
RENDELL, Circuit Judge, dissenting:
I respectfully dissent, because I cannot agree that dismissal of Szemple's pro se complaint
was proper.
1
The Clerk is hereby directed to file Appellant’s pro se Brief and Appendix.
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Szemple alleged that the prison doctor retaliated against him, causing him to be placed in
solitary confinement, because he had sued the prison medical service. The majority rejects the
causal connection asserted at this early stage and impermissibly concludes that a different alleged
cause was at work. This is not proper on a motion to dismiss.
Viewing all facts in the light most favorable to Szemple, his action should be permitted to
proceed. See Nami v. Fauver, 82 F.3d 63, 65 (3d Cir. 1996) (stating that when reviewing the
District Court's grant of a motion to dismiss, “We must determine whether, under any reasonable
reading of the pleadings, the plaintiffs may be entitled to relief, and we must accept as true the
factual allegations in the complaint and all reasonable inferences that can be drawn therefrom”)
(internal citations omitted).
This is particularly true in light of the liberal standard of review for a pro se complaint.
See Estelle v. Gamble, 429 U.S. 97, 107 (1976) (recognizing that “a pro se complaint, however
inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by
lawyers and can only be dismissed for failure to state a claim if it appears beyond doubt that the
plaintiff can prove no set of facts in support of his claim which would entitle him to relief”)
(internal quotations omitted).
For the foregoing reasons, I would vacate the dismissal of the retaliation claim.
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