Eaton v. Coupe

SUPER|OR COURT oF THE STATE OF DELAWARE VWIAN L. Mb;l)lNlLLA LEoNoARD L. WlLL\Ar\/\s JusT\cE CENTER JUDGE 500 NORTH KlNG STREET, sule 10400 WxLMlNGToN, DE 19801-3733 TELEPHONE (302) 255-0626 February 14, 2017 Robert E. Eaton Roopa Sabesan, Esquire SBI # 002()2()59 Departrnent of Justice J ames T. Vaughn Correctional Center Carvel State Building 1181 Paddock Road 820 North French Street Srnyrna, DE 19977 Wilmington, DE 19801 Re: Robert E. Eaton v. Robert Coupe, et al. Case No.: N15C-09-245 VLM Dear Mr. Eaton and l\/Is. Sabesan: This is the Court’s ruling on three motions filed in the above-captioned case. The first is Plaintiff` Robert E. Eaton (“Plaintiff”)’s Motion to Re-Open Case, filed on Gctober 17, 2016. The second is Plaintist Motion for Appointment of Counsel, filed on November 7, 2016. The third and final motion is Def`endants, Commissioner Robert Coupe, Deputy Warden Philip Parker, James Scarborough, Ron Drake, and Steven Bilbroughl (“Defendants”)’s l\/lotion to Dismiss the Complaint, filed on December 8, 2015. For the reasons stated below, Plaintif`f’s Motion to Re-()pen Case is GRANTED. Plaintist Motion for Appointment of Counsel is I)ENIED. Defendant’s l\/lotion to Dismiss is GRANTED. l Def`endant Bilbrough’s surname is spelled differently in the record. The Com`plaint spells his name “Billsborough.” However, counsel for Defendant uses “Bilbrough.” The Court will use the surname implemented by Defendants’ counsel in this Letter Opinion. PRoCEDURAL AND FACTUAL BACKGRoUND Plaintiff, an inmate at J ames T. Vaughn Correctional Center (“Center”), filed a civil action in this Court on September 29, 2015.2 The Complaint alleges Defendants, Department of Correction (“DOC”) officers and supervisors, retaliated against Plaintiff When he reported What is alleged to be an “unconstitutional and unhumane [sic]” practice at the Center: “making food trays out of left-over scraps of previously served meals, and fooding [sic] it to inmates When there is not enough trays sent to feed, instead of ordering from the l (oitiog theon, 372 U.S. at 342-45). See also Brycm v. Sl'ale, 571 A.2d 170, 175 (Del. 1990). The right to appointed counsel, if any, in a civil case does not arise under the Sixth Amendment.20 Instead, any such right must arise under the Due Process Clause of the Fourteenth Amendment.21 “When an indigent civil litigant could not possibly be deprived of his personal liberty as a direct result of the litigation, the Constitution does not require in the absence of special and compelling circumstances the appointment of counsel ”22 A special or compelling circumstance exists where the plaintiffs interest in appointed counsel outweighs the other Mathews v. Ela’ridge procedural due process factors: the government’ s interest and the risk that the absence of counsel will result in erroneous results.23 B. Analysis Plaintiff’ s proffer for appointment of counsel rests on the following bases: (1) he is indigent; (2) he is “learning impaired;” (3) “sabotage has been injected into the plaintiffs complaint thus causing more difficult and complex problems for the case proceedings;” (4) the supposed existence of a “conflict of interest” between Defendants’ counsel and Plaintiff`s demands for an investigation into whomever fabricated the notice of dismissal; (5) an allegation that Defendants continue to retaliate against him (noting that “new evidence will be introduced”); and (6) “hostile witnesses . . . need to be brought before the Court to testify of their involvement.” This Court has addressed nearly identical motions for appointment of counsel in civil cases where the requesting litigants are indigent inmates For example, in Vz'ck v. Department of Correction, the plaintiff-inmate sued D()C employees under the First, Eighth, and Fourteenth Amendments alleging the employees forcibly removed his ring and fez, which were articles cf religious significance to the inmate 24 The inmate alleged that: (l) he was indigent; (2) the case was complex; (3) he lacked the requisite legal knowledge to properly 20 Jenkmt v. Dover Poztce Comm ’r, 2002 wL 663912, at *2 (Dei. sopet. Apt. 5, 2002). 2‘ 1a see U.s. const amend xIv, § 1. 22 Jenkz`ns, 2002 WL 663912, at *2 (quoting William L. Dick, Jr., Note, The Rz'ght 10 Appoz`ntea’ Cozmsel for ]ndigenl Cz`vil Liligams: The Demands ofDue Process, 30 WM. & l\/IARY L. REV. 627, 628 (1989)). 23 see id towing Mdthews v. Eldrzdge, 424 U.s. 319 (1976)). 24 1986 WL 8003, at *1 (Dei. supet. Apt. 14, 1986). o represent himself; and (4) he had very limited access to the prison library.25 The Court framed the issue as whether the inmate had “meaningful access” to the courts.26 The Court held that the inmate’s filings with the Court belied his claims that the case was complex or that he had no meaningful access to the prison library to prosecute his claim.27 ln Jenkins v. Dover Police Commissioner the Court denied the indigent inmate’s request for appointment of counsel applying procedural due process precedent28 The Court applied a presumption “against requiring appointed counsel when [the] unsuccessful litigant cannot be deprived of his personal liberty,” derived from the U.S. Supreme Court’s opinion in Lassz`ter v. Department of Socz`al Services.29 The Jenkz`ns Court held that this presumption, coupled with the government’s interest “in maintaining order and discipline in its penal institutions” outweighed the litigant’s interest in having appointed counsel where the case was not complex and the litigant had access to the prison library.30 Applying Lassz`ter, Vick, and Jenkz`ns to the present case, the outcome is the same: Plaintiff has failed to show why this “presumption” against appointment of counsel in a civil case is overcome. As in Vz'ck and Jenkz`ns, the Court finds that all six bases alleged in the Motion are unpersuasive First, Plaintiff s indigence, by itself, is not enough to state a right to appointed counsel. Second, this case is no more complex than the claims in Vz'ck and Jenkz'ns. Third, his ability to cite cases relevant to his contentions belies his asserted lack of legal knowledge or mental capacity to prosecute his case. Finally, his remaining contention_that there is a clandestine operation to subvert his civil claim-~is unsupported by any evidence. 25 See id. 26 ld tottng Botmds v. smith, 430 U.s. 817 (1977); Woz]jfv. MoDonnezl, 418 U.s. 539 (1974); Boulware v. Baltaglia, 344 F.Supp. 889 (D. Del. 1972); Johnson v. Sl‘ale, 442 A.2d 1362 (Del. 1982); Hall v. State, 408 A.2d 287 (Del. 1979)). 27 See id. at *3. 28 2002 WL 663912 (Del. Super. Apr. 5, 2002). 29 Id. at *2-3 (quoting William L. Dick, Jr., Note, The Right 10 Appol`nted Counselfor lndigenl Cz'vz`l Liligants: T he Demands ofDue Process, 30 WM. & MARY L. REV. 627, 628 (1989)) (citing Lassl`fer v. Dep ’l QfSoc. Servs. ofDurham Cnly., N.C., 452 U.S. 18 (1981)). 301d Therefore, Plaintiffs Motion for Appointment of Counsel is DENIED. III. Defendants’ Motion to Dismiss A. Standard of Review On a motion to dismiss for failure to state a claim under Rule l2(b)(6), all well-pleaded allegations in the complaint must be accepted as true.31 Even vague allegations are considered well-pleaded if they give the opposing party notice of a claim.32 The Court must draw all reasonable inferences in favor of the non-moving party; however, it will not “accept conclusory allegations unsupported by specific facts,” nor will it “draw unreasonable inferences in favor of the non-moving party.”33 Dismissal of a complaint under Rule l2(b)(6) must be denied if the non- moving party could recover under “any reasonably conceivable set of circumstances susceptible of proof under the complaint.”`?’4 B. Analysis Plaintiffs claims mix two distinct grounds for relief. Plaintiff s first claim arises under the Delaware Whistleblowers’ Protection Act (“state law claim”). The second claim is a civil rights claim under 42 U.S.C. § 1983, alleging both a First Amendment retaliatory firing claim and a Fourteenth Amendment due process claim for the deprivation of a protected liberty or property interest (“federal claims”). This Court will address both claims separately. i. Plaintiff"s State Law Claim The Delaware Whistleblowers’ Protection Act (“Act”) protects “employees who report violations of law for the benefit of the public.”33 Section 1703 of the 2‘ spence v. Fan/t, 396 A.2d 967, 968 (Del. 1978). see also DEL. soPER. Ct. ctv. R. 12(b)(6). 32 In re Gen. Mot‘ors (Hughes) S’hola’er Ll'tz`g., 897 A.2d 162, 168 (Del. 2006) (quoting Savor, [nc. v. FMR Corp., 812 A.2d 894, 896-97 (Del. 2002)). 23 lat; Prtee v. E,I. DaPaat de Nemaats & Ca., 26 A.3d 162, 166 (Del. 2011) (iotemai citation omitted). 24 speaee_, 396 A.2d at 968 tottng Kleta v_ sunbeam Cot;a., 94 A.2d 385 (Dei. 1952)). 25 smith tt Delawate state Uatv., 47 A.3d 472, 476 (Dei. 2012). 8 Act states: “An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment . . .” The term “employee” is defined as “a person employed full or part-time by any employer. . . .”37 An “employer” is defined broadly and includes situations where “services are performed for wages under any contract of hire, written or oral, express or implied.”}’8 The sine qua non of the Act, therefore, is the existence of an employer-employee relationship prior to the alleged retaliatory action.39 Plaintiffs state law claim fails because he is not an employee of DOC. In a related context, the Supreme Court held in Walls v. Department ofCorrection that inmates are not “employees” within the meaning of Delaware’s minimum wage statute.40 ln reaching this holding, the Walls Court quoted a Fourth Circuit opinion explaining the rationale behind the absence of the employer-employee relationship in the penal context: lnmates may voluntarily apply for [prison industries] positions, but they certainly are not free to walk off the job site and look for other work. When a shift ends, inmates do not leave [prison] supervision, but rather proceed to the next part of their regimented day. [The prison industries] and [the prisoner] do not enjoy the employer-employee relationship contemplated in the Federal Labor Standards Act [“FLSA”], but instead have a custodial relationship to which the [FLSA's] mandates do not apply.41 26 19 Del. C. § 1703(a) (2013 & sapp. 2016) (emphasis added). 22§ 1702(1). 288 1702(2). 39 See, e.g., Curlez‘t v. Maa’ison ]ndus. Servs. Team, le., 863 F.Supp.2d 357 (D. Del. 2012) (discussing legislative history of Act and holding that Act does not apply to employees employed outside Delaware). 40 663 A.2d 488, 1995 WL 420801, at *2 (Dei. 1995) (TABLE). 41 1a (quoting Hat»ket~ v. state Uae laaaa., 990 F.2d 131, 133 (4th Cit. 1993)). 9 Since inmates lack the voluntariness inherent in the employer-employee relationship, the Walls Court held that inmates were not able to claim minimum wage from the DOC.42 The Walls holding is codified in the minimum wage 43 statute. Plaintiff s state law claim fails for another reason: an employee under the Act cannot sue individuals occupying merely a supervisory role.44 lnstead, the Act permits the employee to sue the “employer,” z`.e., that entity who supplies wages for services performed, in an action under § 1703. Defendants are alleged to have acted in their individual and official capacities, but the action is not against the putative “employer,” as required under the Act. Therefore, Plaintiffs state law claim fails to meet Delaware’s “reasonable conceivability” standard and must be dismissed for failure to state a claim upon which relief can be granted. ii. Plaintiff"s Federal Claims Plaintiff alleges two federal claims: one for a violation of his First Amendment rights, and another for a violation of due process under the Fourteenth Amendment Plaintiff alleges his federal claims through the federal civil rights statute, 42 U.S.C. § 1983. Section 1983 reads in part: Every person who . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at 42 see ta. see also ta'. at *1 (quoting Vaaaktke v. Petets, 974 F.2d 806, 809 (7th Cit. 1992)) (“Pat simply, the [prison's] ‘control’ over [the prisoner] does not stem from any remunerative relationship or bargained-for exchange of labor for consideration, but from incarceration itself. The control that the [prison] exercises over a prisoner is nearly total, and control over his work is merely incidental to that general control.”). 43 19 Del. C. § 901(3)(h) (2013 & Supp. 2016) (excluding “any inmate in the custody of DOC”). Cf ll Del. C. § 6532 (2015 & Supp. 2016) (“The [DOC] may establish compulsory programs of employment, work experience and training for all physically able inmates.”). 44 Meltzer v. Cily of Wilmz`nglon, 2008 WL 4899230, at *2 (Del. Super. Aug. 6, 2008); Tomez' v. Sharp, 902 A.2d 757, 767 (Del. Super. 2006) affd, 918 A.2d 1171, 2007 WL 249176 (Del. 2007) (TABLE). 10 law, suit in equity, or other proper proceeding for redress. 45 Since Plaintiff"s federal claims derive from two distinct constitutional fonts, the Court will address each claim separately.46 (a) First Amendment Retaliation Claim The Petition Clause and Free Speech Clause of the First Amendment “protect ‘personal expression --both expression generally and expression directed towards the government for the specific purpose of asking it to right a wrong ” 47 ln the prison context, “[a] prisoner alleging retaliation must show (1) constitutionally protected conduct, (2) an adverse action taken 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.”48 Though certain constitutional protections dissipate at the jailhouse doors, it is well established that inmates shed only those First Amendment rights that are incompatible with the “legitimate penological objectives of the corrections system.”49 For instance, an inmate retains his rights under the Petition Clause where he reports religious harassment in the prison to prison officials50 45 42 U.s.c. § 1983 (2016) (emphaste added). 46 Plaintiffs claims against Defendants arising out of their official capacity are barred under the doctrine of sovereign immunity and the Eleventh Amendment See U.S. CONT. amend XI. See also Wz`ll v. Michigan Dep’t ofState Polz`ce, 491 U.S. 58 (1989); Hall v. McGuigan, 743 A.2d 1197, 1206 (Del. Super. 1999). The State is not a “person” within the meaning of § 1983. See Will, 491 U.S. at 71; Ringer v. Smith, 1994 WL 750319, at *2 (Del. Super. Nov. 23, 1994), aff"o’, 655 A.2d 308, 1995 WL 67093 (Del. 1995) (TABLE). An action against an individual in that individual’s official capacity is treated as an action against the “government entity employing the official.” Hall, 743 A.2d at 1206. Therefore, in so far as Plaintiffs claims are against Defendants in their official capacity, those claims are barred by sovereign immunity. 47 Mack v. Wam’en Lorez‘to FCI, 839 F.3d 286, 297-98 (3d Cir. 2016) (citing Borough ofDuryea, Pa. v. Guarm`eri, 564 U.S. 379, 388 (2011)). 48 la’. at 297 (quoting Ml'fchell v. Horn, 318 F.3d 523, 530 (3d Cir. 2003)). 29 1a at 298 (quoting Pezl v. Pt»aeaatet», 417 U.s. 817, 822 (1974)). 50 see id at 299. 1 1 Plaintiff has shown that he engaged in constitutionally protected activity. He alleges that he wrote to Defendants revealing the Center’s practice of reusing old food scraps to feed inmates When an inmate files a grievance with prison officials, whether oral or written, he engages in constitutionally protected speech.5 l Plaintiff s letter reporting what he alleged to be unconstitutional conduct of the Center’s officials is protected free speech under the Petition Clause. The second element Plaintiff must show is “an adverse action taken by prison officials sufficient to deter a person of ordinary firmness from exercising his constitutional rights.” “An adverse consequence ‘need not be great in order to be actionable[;]’ rather, it need only be ‘rnore than de minimis.”’52 Where an inmate is subject to a range of sanctions, such as changes in housing, confinement, or classification, this de minimis standard is met.53 The issue in this l\/lotion is whether the removal of Plaintiff from a discretionary employment position is akin to this “range of sanctions” Since the resolution of this issue is unclear, Defendants fail to meet their burden of proving that the second element is not susceptible to any reasonably conceivable set of circumstances The third element is where Plaintiff’s prima facie showing fails: he has not demonstrated “a causal link between the exercise of his constitutional rights and the adverse action taken against him.” The only allegations of misconduct are Plaintiff s removal from a discretionary work position after writing a letter to Defendant Parker. The only date provided in the Complaint is July 5, 2014. The remainder of the Complaint asserts conclusory allegations without sufficient facts to suggest a causal connection between his grievance and his termination. lnstead, Plaintiff alleges allegations sounding in respondeat superior liability. This is inapposite as Monell v. Department of Soeial Services of New York and its progeny make clear that § 1983 may not be premised on respondeat superior liability for alleged violations of the Constitution.54 Rather, Plaintiff must 51 See id. See also Watson v. Rozum, 834 F.3d 417, 422-23 (3d Cir. 2016) (inmate grievance against corrections officers who allegedly retaliated against him for filing grievance engaged in constitutionally protected free speech). 52 Waison, 834 F.3d at 423 (quoting McKee v. Hari, 436 F.3d 165, 170 (3d Cir. 2006)). 55 See id. 5 4 436 U.S. 658, 692 (1978) (“a municipality cannot be held liable under § 1983 on a respondeat superior theory”). 12 plead facts sufficient to show a reasonably conceivable set of circumstances that each “named defendant ‘played an affirmative role in the deprivation of plaintiffs rights’ through personal involvement or actual knowledge.”5 5 There are five named Defendants in this case. Two are officials in supervisory capacities at the Center: Commissioner Coupe and Deputy Warden Parker. The other three are DOC officers at the Center. This Court finds that the Complaint wholly fails to state facts sufficient for the Court to infer that each Defendant acted “affirmatively” to violate Plaintiff’ s First Amendment rights The only allegations of any conduct whatsoever are that Defendants received letters from Plaintiff about his reporting of the meal issue and he was--at some unknown point in time_terminated from employment at the Canteen. This falls far below even the minimal level of proof needed under Delaware’s “reasonable conceivability” standard on a motion to dismiss Therefore, Plaintiffs First Amendment claim must be dismissed pursuant to Rule l2(b)(6). (b) Proeedural Due Process Claim The Due Process Clause performs a dual function. Procedurally, due process guarantees a fair procedure “in connection with any deprivation of life, liberty, or property by the State.”56 Substantively, due process “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them.”’57 Plaintiff appears to allege a procedural due process claim for his termination from employment at the Center’s canteen. “For plaintiff to state a cognizable claim that he was deprived of . . . employment opportunities without due process of law, plaintiff must have a property or liberty interest.”58 However, under Third Circuit and Delaware precedent, inmates do not have an entitlement to a specific job, “or even to any 55 Ellllot v. Danbetg, 2013 WL 6407676, at *2 (Del. supet. Deo. 6, 2013) (intetnal footnote omitted) (quoting Perlnsylvanl`a v. Porier, 659 F.2d 306, 336 (3d Cir. 1981); Estate of Willl'ams v. Corr. Med. Servs., Inc., 2010 WL 2991589, at *3 (Del. Super. July 23, 2010)). 56 Collins v. Cily ofHarker Heights, Tex., 503 U.S. 115, 125 (1992). 57 1a (quoting pamela v_ thltama, 474 U.s. 327, 331 (1986)). 55 Abdill-Akbar v. Dep’t of Corr., 910 F.Supp. 986, 1002 (D. Del. 1995) (citing James v. Quz`nlan, 866 F.2d 627, 629 (3d Cir. 1989)). 13 job.”59 Therefore, Plaintiff fails to state a constitutionally protected interest in his continued employment in the Center’s canteen. This failure to identify a constitutional interest means that there are no reasonably conceivable set of circumstances that would permit Plaintiff to recover under the Due Process Clause for his removal from his employment at the Center. Hence, his due process claim must be dismissed for failure to state a claim upon which relief can be granted. CoNCLUsIoN For the foregoing reasons, Plaintiffs l\/lotion to Re-Open the Case is GRANTED. Plaintiffs l\/lotion for Appointment of Counsel is DENIED. Defendants’ l\/lotion to Dismiss is GRANTED. IT IS SO ORDERED. ,.~'/r Vivian L. Medinilla / Judge oc: Prothonotary 52 Kaatamanto v. Kt'ng, 651 F.snpp.2d 313, 330 (E.D. Pa. 2009) (quoting Qta‘nlan, 866 F.2d at 630). See also Abdill-Akbar v. Dep’l of Correcll`on, 910 F.Supp. 986, 1002 (D. Del. 1995) (holding plaintiff does not have either property or liberty interest in prison employment as it is discretionary opportunity); Dullon v. Risley, 659 A.2d 227, 1994 WL 658488, at *1 (Del. 1994) (TABLE). 14