United States District Court, W.D. Arkansas, Texarkana Division
O. Hickey Chief United States District Judge
a civil rights action filed pro se by Plaintiff,
Clifton Orlando Solomon, under 42 U.S.C. § 1983. Before
the Court is a Motion for Summary Judgment filed by Plaintiff
(ECF No. 77) and a Motion for Summary Judgment filed by
Defendants. (ECF No. 83). Plaintiff and Defendants have filed
Responses (ECF Nos. 88, 90). Defendants have filed a Reply to
Plaintiff's Response. (ECF No. 94). The Court finds this
matter ripe for consideration.
is currently incarcerated in the Arkansas Department of
Correction-Ester Unit. His claims in this action arise from
alleged incidents that occurred between December 2017 and
April 2018, while he was incarcerated in the Miller County
Detention Center (“MCDC”) as a pre-trial
detainee. (ECF No. 1, p. 3). Viewed in the light most
favorable to Plaintiff, the relevant facts are as follows.
was booked into the custody of the MCDC on November 24, 2017.
(ECF No. 85-2, p. 1). Between December 6 and December 22,
2017, Plaintiff submitted five grievances complaining that
Officer Campbell made a verbal threat against him on December
5, 2017, when Officer Campbell stated that he “would
get [Plaintiff] when [Plaintiff] get out.” (ECF No. 85,
pp. 1-3). Because of this threat, Plaintiff feared for his
life and wanted to file criminal charges against Officer
Campbell. Id. On December 8, 2017, Corporal Richard
Henderson submitted a Supervisor Statement regarding the
incident. (ECF No. 85-5, p. 1). This report stated in part
that Officer Campbell reported “multiple inmates were
making comments to him like (you may not always be an
officer) or (bet you wouldn't act so tuff if I saw you in
the world) so Officer Campbell said he responded with (that
is fine I'll see you on the outside some time).”
Id. On December 29, 2017, Jeffie Walker, the Warden
at the MCDC, officially reprimanded Officer Campbell because
of his “use of offensive words or actions” toward
Plaintiff. (ECF No. 85-2, p. 2).
January 31, 2018, Plaintiff was moved to the recreation yard,
along with the other inmates housed in Max D (general
population), because Max D had been cleaned with bleach and
the inmates claimed the smell was too strong. According to
the affidavit of Warden Walker, Plaintiff began using loud
and disrespectful language towards her in the recreation
yard. (ECF No. 85-7, p. 1). Because Plaintiff was so
disruptive, Warden Walker determined there was a safety and
security risk that the other inmates could be incited by
Plaintiff's actions. She then moved Plaintiff to Max E
and placed him in administrative segregation for a
“cooling down period.” Id. Plaintiff did
not receive notice of any disciplinary charges against him
after he was moved to Max E. Plaintiff was returned to
general population on February 7, 2018. Id. During
the seven days Plaintiff was in Max E, he was allowed out of
his cell for one hour each day. He was also provided access
to the shower, phone, and kiosk. (ECF No. 94-2).
about March 18, 2018, Defendant Walker opened a piece of
Plaintiff's legal mail outside of his presence. (ECF No.
85-7, p. 2). Once Plaintiff noticed that his legal mail had
been opened, he questioned MCDC officials about who was
responsible. Warden Walker met with Plaintiff on March 20,
2018 and explained she had opened the mail by mistake but did
not view the contents of the mail. (ECF No. 85-7, p. 2).
April 17, 2018, Officer Hensley submitted a report regarding
an incident involving Plaintiff which states in relevant
On said date and time, I noticed an extra tray become missing
on the tray cart after chow. I then reviewed the cameras and
noticed Inmate Clifton Solomon come back around the end of
the line and grab another tray. I then wet to Max Delta in an
attempt to move Solomon to a lock-down cell pending
disciplinary. After multiple orders, Solomon continued to
demand ‘rank' and it wasn't until other
officers arrived that Solomon finally grabbed his belongings
and was escorted to Max Echo. Once in Max Echo and a
supervisor present, Solomon continued ignoring lawful orders
to get into his cell and demand a higher supervisor. Solomon
finally complied after a show of force with OC Spray…I
also wrote Solomon up for lying due to the fact that he
stated I told him he could have the tray when in fact I did
(ECF No. 85-5, p. 8). On April 23, 2018, Plaintiff was served
with a Discipline Procedure and Notice Form, based on the
incident involving Plaintiff and Defendant Hensley. (ECF No.
85-5, p. 9). On April 26, 2018, a hearing was held and the
charges against Plaintiff were dismissed by the MCDC's
Disciplinary Committee. Plaintiff declined to call witnesses
during the hearing but submitted a statement in support of
his position. (ECF No. 85-5, pp. 10-11).
MCDC's policy and procedure manual regarding disciplinary
action for in-house violations by inmates provides in
2. Any violation of the rules and regulations that the deputy
deems warrants more than a verbal reprimand, will be
documented on an Inmate Disciplinary Action Form to generate
disciplinary action against an inmate.
3. The Inmate Disciplinary Action Form shall have the
inmate's name, CCN number, offense that occurred in
detail, and deputy signature.
4. Along with the Inmate Disciplinary Action Form, an
incident report shall be generated and forwarded to the shift
supervisor for a hearing.
5. Shift supervisor will forward the disciplinary action
form, incident form and action taken to the Lieutenant for
review and final disposition within twenty-four (24) hours of
6. The Detention Administrator or designee will then review
all disciplinary action taken . . . .
(ECF No. 85-6, pp. 9-10).
filed his Complaint on January 4, 2018, naming Captain Adams,
Officer Campbell, Corporal Henderson, Sheriff Jackie Runion,
Sergeant Sanders and Warden Walker as Defendants. (ECF No.
1). He alleges Defendant Campbell violated his civil rights
when he made a verbal threat against him stating “he
was going to get me when I got out as well as he stated: I
put that on my kids.” Id. at p. 4. Plaintiff
also claims that Defendants violated his constitutional
rights because they did not file or assist Plaintiff in
filing criminal charges against Defendant Campbell for
verbally threatening Plaintiff.
March 19, 2018, Plaintiff supplemented his Complaint adding
Sergeant Griffie as a Defendant and again naming Warden
Walker as a Defendant. In the Supplement Plaintiff alleges
his constitutional rights were violated when he was placed in
lockdown from January 31, 2018, until February 7, 2018,
without receiving a disciplinary report or hearing. (ECF No.
April 2, 2018, Plaintiff supplemented his Complaint alleging
Defendant Walker violated his civil rights when she opened
his legal mail when he was not present. (ECF No. 22).
10, 2018, Plaintiff's supplemented his Complaint alleging
Defendant Hensley violated his ...