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Smalley v. Holladay

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

October 5, 2018

ANDRE D. SMALLEY, JR. PLAINTIFF
v.
CHARLES “DOC” HOLLADAY DEFENDANT

          RECOMMENDED DISPOSITION

         The 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.

         An 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.

         I. Introduction

         Plaintiff 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.

         Smalley seeks $1, 000, 000 in punitive damages and injunctive relief in the form of release from administrative segregation.

         Holladay has filed a Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed Facts.[1] Docs. 17-19. Smalley has filed a one-page Response. Doc. 81.

         Before reaching the merits of Holladay's Motion for Summary Judgment, the Court will review the relevant undisputed facts giving rise to Smalley's claims.

         1. On 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.

         2. On July 27, 2015, Smalley pled guilty to first degree battery in Pulaski County Circuit Court, Case CR 2015-1370.[2] Id., Doc. 18-1 at 2, 9.

         3. On 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 ¶¶ 28-29

         4. For 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.[3] Doc. 18-1 at ¶¶ 13-14.

         5. While in administrative segregation, Smalley was allowed out of his cell one hour per day. Doc. 5 at p. 1.

         6. At 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. 12-16.

         7. 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 release ...


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