United States District Court, E.D. Arkansas, Western Division
RICKY M. BROWN, ADC #551211, Plaintiff
JOHN RANDALL, et al., Defendants
BETH DEERE, Magistrate Judge.
I. Procedures for Filing Objections:
This Recommended Disposition ("Recommendation") has been sent to United States District Judge James M. Moody, Jr. Any party may file written objections to this Recommendation.
Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.
An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.
If no objections are filed, Judge Moody can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.
Mail your objections to:
II. Procedural Background:
Plaintiff Ricky Brown, formerly a pre-trial detainee housed at the Faulkner County Detention Center, filed this lawsuit pro se under 42 U.S.C. § 1983. He raised a number of constitutional claims in his complaint. At the Court's request, he filed an amended complaint. The Court reviewed the amended complaint and addendum (#13, #25) and recommended that some of the claims be dismissed. (#27) The recommendation was adopted. (#28) The remaining claim is Mr. Brown's claim that Defendants Randall, Vincent, Douglas, and Shock violated his due process rights by denying him telephone, television, commissary, visitation, and outdoor recreation privileges without a hearing. (#13 at pp. 2-3, #46 at p. 2, #48 at p. 2)
Mr. Brown has filed two motions for summary judgment. (#35, #48) Defendants have responded and also have moved for summary judgment. (#55, #56) Mr. Brown has responded to the Defendants' motion for summary judgment. (#60, #61, #62) For the reasons set out below, Mr. Brown's motions for summary judgment should be DENIED and Defendants' motion for summary judgment should be GRANTED.
Mr. Brown was incarcerated at the Faulkner County Detention Center ("FCDC") from July 30, 2013 until September 26, 2013. (#58-1 at p. 1) On August 26, 2013, he was charged with failing to obey the lawful orders of jail staff after refusing to remove a blanket that he had wrapped around himself. (#58-2) Corporal Michael Lee notified Mr. Brown of the disciplinary charge, and Mr. Brown admitted the rule violation. (#58-2) As a result of the infraction, Mr. Brown was placed in disciplinary segregation, which included a suspension of commissary and visitation privileges, for seven days. (#58-1 at p. 1, #58-2)
On August 28, 2013, there was an incident in Unit II of the FCDC. As a result of the incident, FCDC officials believed there was a security risk. (#58-1 at p. 1) Defendant Vincent temporarily suspended television, telephone, commissary, and visitation privileges in male housing in order to maintain order, regain control, and ensure compliance of the detainees that were involved in the incident. (#37 at p. 6, #58-1 at p. 1) Mr. Brown was in disciplinary segregation in Unit I of the FCDC and was not present in Unit II during the time of the incident. (#58 at p. 1, #58-1) Mr. Brown was transferred from disciplinary segregation to Unit II at 12:38 a.m. on August 29, 2013. (#44 at p. 2, #55 at p. 1)
Due to compliance within the facility, telephone and television privileges in Unit II resumed on August 29, 2013 at 13:40 p.m. (#37 at p. 6), and commissary and visitation privileges for all Unit II inmates ...