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Brown v. Shock

United States District Court, E.D. Arkansas, Western Division

September 2, 2014

RICKY BROWN, ADC #551211 Plaintiff,
v.
ANDY SHOCK, et al., Defendants.

RECOMMENDED DISPOSITION

BETH DEERE, Magistrate Judge.

I. Procedures for Filing Objections:

This Recommended Disposition ("Recommendation") has been sent to United States District Judge D.P. Marshall 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 Marshall 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 all objections to:

II. Introduction:

Ricky Brown, formerly an inmate at the Faulkner County Detention Center ("Detention Center"), filed this lawsuit under 42 U.S.C. ยง 1983, alleging that Detention Center officials interfered with his right to access the courts in violation of his first amendment rights.

The remaining Defendants Andy Shock, John Randall, Lloyd Vincent, K. Douglas, and Pamela Carter, have now moved for summary judgment.[1] (Docket entry #44) Mr. Brown has responded and supplemented his response. (#51, #52, #53, #54, #55, #56, #57) For the reasons set forth below, the Court should grant Defendants' motion for summary judgment.

III. Facts:

Mr. Brown was booked into the Detention Center on July 22, 2013, for traffic violations and a parole violation for absconding. (#46-1 at pp. 3, 6, & 7) When the parole officer served Mr. Brown with the parole violation warrant, Mr. Brown asked the officer for information about Arkansas's Act 570. She told Mr. Brown that he could get the information through the jail or from his public defender. ( Id. at p. 7)

At his parole revocation hearing, Mr. Brown informed the hearing officer that he had not had a chance to review any legal reference material prior to the hearing.[2] ( Id. at p. 8) From his prior experience with the parole board, Mr. Brown believed that he would receive only a seven-day sentence for violating his parole if he attended the revocation hearing, but a six-month sentence if he waived his hearing. ( Id. at 8-9)

At his parole revocation hearing, Mr. Brown admitted to absconding. ( Id. at 7) The hearing officer found that Mr. Brown had violated the terms of his parole and sentenced him to eight months' incarceration in the Arkansas Department of Correction ("ADC"). ( Id. at 9) Mr. Brown was transferred from the Detention Center to the ADC on September 26, 2013, to begin serving that eight-month sentence. ( Id. at pp. 8-9)

While Mr. Brown was still at the Detention Center, officers provided him with various addresses, so he was able to send and receive mail, including mail to legal entities. ( Id. at pp. 33, 39) And on one occasion, Defendant Carter sent a sergeant to the male housing unit to talk to Mr. Brown about his request for a copy of Arkansas's Act 570. ( Id. at 26-27) In that conversation, Mr. Brown was told that he would have to specify the particular part of the act that he needed. When he responded ...


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