United States District Court, E.D. Arkansas, Western Division
ANDRE D. SMALLEY, JR. PLAINTIFF
CHARLES “DOC” HOLLADAY DEFENDANT
following Recommended Disposition
("Recommendation") has been sent to United States
District Judge Billy Roy Wilson. Any party may file written
objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Wilson can adopt this Recommendation without
independently reviewing all the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Andre D. Smalley, Jr. (“Smalley”) has filed this
pro se § 1983 action alleging that, while he
was detained in the Pulaski County Regional Detention
Facility (“PCRDF”), Defendant Doc Holiday
(“Holiday”): (1) violated his due process rights
by indefinitely confining him in administrative segregation
without cause or meaningful reviews; (2) subjected him to
cruel and unusual punishment by depriving him of the ability
to exercise inside or outside of his administrative
segregation cell; and (3) violated his equal protection
rights by refusing to return him to general population based
on his good behavior while returning others, similarly
situated, back to general population. Docs. 2 & 6.
seeks $1, 000, 000 in punitive damages and injunctive relief
in the form of release from administrative segregation.
has filed a Motion for Summary Judgment, a Brief in Support,
and a Statement of Undisputed Facts. Docs. 17-19. Smalley has
filed a one-page Response. Doc. 81.
reaching the merits of Holladay's Motion for Summary
Judgment, the Court will review the relevant undisputed facts
giving rise to Smalley's claims.
December 29, 2015, Smalley was booked into the Pulaski County
Regional Detention Facility (“PCRDF”) to be held
for the United States Marshals Service in connection with a
then pending federal charge. Ballard Aff, Doc. 18-1 at 1, 9.
July 27, 2015, Smalley pled guilty to first degree battery in
Pulaski County Circuit Court, Case CR
2015-1370. Id., Doc. 18-1 at 2, 9.
August 5, 2016, Smalley requested to be moved from general
population to administrative segregation for his own safety
and the safety of other inmates. As a result, Smalley was
placed in administrative segregation. Doc. 18 at ¶¶
120 days, between August 5, 2016 and April 27, 2017, the day
Smalley filed the Complaint in this case, he was held in
administrative segregation at PCRDF. During the remainder of
this period, he was held in punitive isolation for various
disciplinary violations. Doc. 18-1 at ¶¶ 13-14.
While in administrative segregation, Smalley was allowed out
of his cell one hour per day. Doc. 5 at p. 1.
all times relevant to Smalley's allegations in this
lawsuit, the decision to continue Smalley's placement in
administrative segregation was made by the Pulaski County
Sheriffs Office (“PCSO”) Classification Board.
The Classification Board was responsible for reviewing
Smalley's inmate classification status and making
decisions on Smalley's requests to be returned to general
population. Doc. 18 at ¶ 4; Policy, Doc. 18-1 at pp.
Consistent with the written policy, the PCSO Classification
Board conducted weekly reviews of Smalley's
classification status and allowed Smalley to appear in person
every thirty days to present his case for a change in
classification status. On eight separate occasions, Smalley
appeared before the Classification Board to advocate for his