Opinion
Case No. C-2-02-670
September 30, 2002
ORDER
Plaintiff Robert Atkinson, formerly an inmate at the Ross Correctional Institution and Southern Ohio Correctional Facility, brings this prisoner civil rights action under 42 U.S.C. § 1983. The complaint alleges that in May 2001, Atkinson complained to prison medical staff about severe headaches and back pain. The complaint further alleges that prison staff refused to believe Atkinson's complaints and failed to provide him with adequate medical treatment. The named defendants are Pat Hurley, Warden of the Ross Correctional Institution; Reginald A. Wilkinson, Director of the Ohio Department of Rehabilitation and Correction; the State of Ohio; the Ross Correctional Institution; and the Southern Ohio Correctional Facility.
This matter is before the Court on plaintiff's August 1, 2002 motion for reconsideration of the Magistrate Judge's July 8, 2002 Initial Screening Report and Recommendation (doc. 5) recommending that the complaint be dismissed. The Magistrate Judge found that the complaint failed to state a claim for relief against four of the named defendants because: the State of Ohio is immune from suit, see Hans v. Louisiana, 134 U.S. 1 (1890); the Ross Correctional Institution and the Southern Ohio Correctional Facility are not "persons" within the meaning of § 1983, see Foulks v. Ohio Dep't of Rehabilitation and Correction, 713 F.2d 1229, 1232 (6th Cir. 1983); and Director Reginald A. Wilkinson is not liable as a supervisor for his mere failure to act, see Shehee v. Lutrell, 199 F.3d 295, 300 (6th Cir. 1999).
With respect to defendant Warden Pat Hurley, the complaint alleges that Hurley ordered Atkinson to be put in administrative control and be transferred to a maximum security prison. The Magistrate Judge concluded that these allegations do not state a claim because placement in administrative control or transfer to another prison does not violate any constitutional guarantees. See Sandin v. Conner, 515 U.S. 472, 483 (1995); Montanye v. Haymes, 427 U.S. 236, 242-43 (1976); Jones v. Baker, 155 F.3d 810, 812-13 (6th Cir. 1998); Ward v. Dyke, 58 F.3d 271, 275 (6th Cir. 1995).
The complaint further alleges that Hurley wanted Atkinson to take a polygraph test in February 2002 after criminal charges were brought against Atkinson for allegedly assaulting prison employees. The Magistrate Judge found that Hurley's request for Atkinson to take a polygraph test does not support a constitutional claim against Hurley.
Finally, the Magistrate Judge found no cognizable claim against Hurley under the Eighth Amendment because there are no allegations that Hurley personally denied Atkinson medical treatment or Hurley was aware of Atkinson's claims that prison medical staff had denied him medical treatment. See Estelle v. Gamble, 429 U.S. 97, 203-04 (1976); Farmer v. Brennan, 511 U.S. 825, 837 (1994).
Atkinson objects to the Report and Recommendation, arguing that he has documents which prove Hurley participated in the actions alleged in the complaint. Atkinson submitted a series of grievance materials to Hurley requesting that he not be placed in administrative control because of his medical condition. Hurley denied the grievances and recommended that Atkinson be put in administrative control and be transferred to the Southern Ohio Correctional Facility. Atkinson further claims that Hurley was designated to assign an investigating committee to look into the charges of assault against Atkinson. During the investigation, Hurley again recommended that Atkinson be transferred to the Southern Ohio Correctional Facility.
These objections have no merit. Prison officials whose "only roles" "involve the denial of administrative grievances or the failure to act . . . cannot be liable under § 1983." Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999). In addition, the Magistrate Judge correctly concluded that placement in administrative control or transfer to another prison does not violate an inmate's constitutional rights. See Sandin v. Conner, 515 U.S. 472, 483 (1995); Montanye v. Haymes, 427 U.S. 236, 242-43 (1976); Jones v. Baker, 155 F.3d 810, 812-13 (6th Cir. 1998); Ward v. Dyke, 58 F.3d 271, 275 (6th Cir. 1995). Moreover, Atkinson admits that he received medical treatment while in administrative control — he had a neck brace and crutches, was transported to the hospital, and had access to the infirmary.
Atkinson further claims that Hurley improperly assigned a two-person investigating committee instead of a three-person investigating committee, as required by Ohio Administrative Code § 5120-9-02(D)(1). According to Atkinson, this defect — along with Hurley's failure to review video tape of the alleged assaults — led to the Ross County prosecutor wrongly filing criminal charges against Atkinson.
This action is not the proper vehicle for Atkinson to attack the validity of the criminal charges pending against him. If Atkinson believes the investigating committee acted improperly or he is being falsely charged, he must raise those arguments in state court.
With respect to defendant Reginald Wilkinson, Atkinson states that he "disregarded" Atkinson's grievance appeals about being placed in administrative control. Again, the mere denial of administrative grievances is insufficient to establish liability under § 1983. Shehee, 199 F.3d at 300.
Accordingly, plaintiff's August 1, 2002 motion for reconsideration of the Magistrate Judge's July 8, 2002 Initial Screening Report and Recommendation is DENIED and this action is DISMISSED.