United States District Court, M.D. Georgia, Macon Division
ORDER AND RECOMMENDATION
STEPHEN HYLES, Magistrate Judge.
Presently pending before the Court is Defendants' motion to dismiss Plaintiff Bobby Minor's Complaint. (ECF No. 92.) For the reasons explained below, it is recommended that Defendant's motion to dismiss be granted.
Plaintiff, an inmate currently confined at the Georgia Diagnostic and Classification Prison (GD&CP) in Jackson, Georgia, filed the instant lawsuit under 42 U.S.C. § 1983 alleging constitutional civil rights violations against Defendants. (Compl. 1.) Plaintiff claims that Defendants violated his Fourteenth Amendment right to due process in his placement in the Special Management Unit (SMU) of the prison, and his Eighth Amendment right to be free from cruel and unusual punishment in his placement in the SMU "without a legitimate penological reason or purpose." ( Id. at 4.)
Plaintiff asserts that he was placed in the SMU on June 16, 2011 "without being told why or notified by any staff at S.M.U. Hi max of a legitimate reason regarding [his] placement." ( Id. at 2.) Plaintiff states that prior to his transfer, he was housed at Augusta State Medical Prison in a mental health program, receiving mental health services and preparing to transition back into general population within twelve months. (Pl.'s Br. 2.) He alleges that all of his personal property was confiscated when he was transferred and he was placed in "E-wing" for thirty days upon his transfer to the SMU. (Compl. 2.) He states that "E-wing" is where inmates are placed who have committed or are suspected of having committed a serious disciplinary infraction. ( Id. ) "E-wing" is allegedly the most restrictive of the six "dormitories" of the SMU and where inmates are allowed no personal property, less than "full" commissary privileges, and no telephone access, monthly packages, shoes, or in-cell television. (Pl.'s Br. 1.)
Plaintiff claims that when he requested information regarding the reasons for his confinement in the SMU and was not given an answer but instead told to file a classification appeal. (Compl. 2.) The appeal resulted in nothing more than Defendant Humphrey's signature indicating that he concurred with the committee's decision, but no further explanation. ( Id. ; Compl. Ex. A.) Plaintiff states that after "several months, " multiple grievances, and another classification appeal, he was still not given a reason for his placement in the SMU. (Compl. 3.)
Plaintiff further explains that the standard operating procedure (SOP) of the Georgia Department of Corrections (GDOC) regarding Administrative Segregation requires notice of and reasons for assignment and a formal hearing within 96 hours of placement. ( Id. ) He states that he has not received any of those "entitlements." ( Id. ) Plaintiff states that as a result of his placement in the SMU he "lost control of himself and cut his arm with a razor, causing scars, and causing him to receive medical care and mental health therapy. ( Id. ) He also alleges that due to his placement in the SMU, he is back on anti-depressant medication, which he had been off, and lost an opportunity to receive mental health services and return to general population in twelve months. ( Id. ) He states that general prison population offers "hot and decent meals, better recreational periods and activities, and vocational programs, all which SMU lacks." ( Id. )
Defendants move to dismiss the Complaint for failure to state a claim and qualified immunity. (Defs.' Mot. to Dismiss, ECF No. 92.) Plaintiff responded to the motion (ECF No. 144), and Defendants replied (ECF No. 146). The motion is now ripe for review.
I. Standard of Review
When considering a Rule 12(b)(6) motion to dismiss, the Court must accept as true all facts set forth in the plaintiffs complaint and limit its consideration to the pleadings and exhibits attached thereto. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007); Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949, 959 (11th Cir. 2009). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). The complaint must include sufficient factual allegations "to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. "[A] formulaic recitation of the elements of a cause of action will not do[.]" Id. Although the complaint must contain factual allegations that "raise a reasonable expectation that discovery will reveal evidence of the plaintiffs claims, id. at 556, "Rule 12(b)(6) does not permit dismissal of a well-pleaded complaint simply because it strikes a savvy judge that actual proof of those facts is improbable.'" Watts v. Fla. Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. 2007) (quoting Twombly, 550 U.S. at 556).
II. Fourteenth Amendment Due Process Claim
Plaintiff contends that Defendant violated his right to procedural due process in classifying and confining him to the Special Management Unit of GD&CP without notice or an opportunity to be heard. Defendant moves to dismiss the claims arguing that Plaintiff has not stated a claim for denial of his procedural due process rights because he has not shown a protected liberty interest was implicated by his classification to the SMU.
It is well-settled that prisoners have "no constitutionally protected liberty interest in being classified at a certain security level or housed in a certain prison." Kramer v. Donald, 286 F.App'x 674, 676 (11th Cir. 2008); see also Meachum v. Fano, 427 U.S. 215, 223-24 (1976) (finding the transfer of a prisoner to less agreeable prison does not implicate a liberty interest). However, a prisoner may claim a violation of a protected liberty interest arising out of his confinement in punitive segregation if the placement (1) "will inevitably affect the duration of his sentence;" or (2) ...