United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendants' Motion for
Summary Judgment, filed February 10, 2017. (ECF No. 63). The
motion is fully briefed and ready for
Samuel Lewis Taylor is an offender in the Missouri Department
of Corrections (“MDOC”). (Defendants'
Statement of Uncontroverted Material Facts
(“Defendants' Facts”), ¶ 1). Plaintiff
currently is incarcerated at Crossroads Correctional Center
(“CRCC”). (Plaintiffs' Statement of
Controverted Material Facts in Support of Summary Judgment
Motion (“Plaintiff's Response to Defendants'
Facts”), ¶ 1). At all times relevant to his
Complaint, however, Plaintiff was incarcerated at Potosi
Correctional Center (“PCC”). (Defendants'
Facts, ¶ 1).
time of the alleged incidents, Defendants held the following
positions at PCC: Jason Crawford was a Corrections Officer
II; Kevin Culton was a Corrections Officer I
(“COI”); Clive Hedrick was a COI; Michael Miller
was an MDOC Corrections Caseworker Manager II; and John
Schneedle was a COI. (Defendants' Facts, ¶¶
times relevant hereto, Plaintiff had a lawsuit pending
against Defendant Michael Miller (and other Defendants not
named in the instant Complaint), styled Taylor v.
Miller,, Case No. 1:11CV174 SNLJ. (Defendants'
Facts, ¶ 12). According to Plaintiff, depositions in the
Miller case were held at PCC on January 16, 2013.
(Compl., ECF No. 1, P. 7). Plaintiff maintains the
retaliation against him began soon after, and included the
. On February 16, 2013, Defendants Hedrick
and Schneedle conducted a cell search of Plaintiff s cell.
(Plaintiffs Response to Defendants' Facts, second ¶
Plaintiff claims that said Defendants urinated in his pepper
container, put cigarette ashes in his food items, and
confiscated his cable cord and extension cord.
(Defendants' Facts, second ¶ 76).
. On June 23, 2013, Defendants Hedrick and
Schneedle again conducted a cell search, and improperly strip
searched Plaintiff for their own sexual gratification.
(Defendants' Facts, ¶ 86).
. During the June 23, 2013, cell search,
Defendants Hedrick and Schneedle confiscated Plaintiffs
tennis shoes and a summer sausage. (Defendants' Facts,
. During the June 23, 2013, cell search,
Defendants Hedrick and Schneedle confiscated Plaintiffs legal
documents. (Defendants' Facts, ¶ 98).
. After the June 23, 2013, cell search,
Plaintiff was escorted to administrative segregation.
(Compl., P. 10). Defendant Hedrick then issued Plaintiff a
10.1 conduct violation, stating that by his actions Plaintiff
placed himself in violation of rules 10.1: Minor Assault,
12.1: Threats, 19.1: Creating a Disturbance, and 21.1:
Insulting Behavior. (Defendants' Facts, ¶ 106-107;
Defendants' Exh. AD).
. Plaintiff eventually was sanctioned to
over forty days disciplinary segregation, and spent over six
months in administrative segregation. (Compl., P. 11).
Plaintiff believes that although he did not participate in
the hearing for Plaintiffs conduct violation issued after the
June 23, 2013, cell search, Defendant Miller influenced the
outcome, i.e., Plaintiffs transfer to administrative
segregation. (Defendants' Facts, ¶¶ 60, 62).
. In July, 2013, Plaintiff allegedly
reported to Defendant Culton that he was vomiting blood.
(Defendants' Facts, ¶ 18). Plaintiff claims he
called out to Defendant Culton three times to declare a
medical emergency while Defendant Culton was handing out food
trays. (Id., ¶ 19). According to Plaintiff,
Defendant Culton refused to notify medical personnel.
(Compl., P. 12).
. After the Honorable Stephen N. Limbaugh,
Jr. dismissed Taylor v. Miller, Plaintiff was seen
by an adjustment committee, of which Defendant Miller was a
member. (Compl., P. 13). Plaintiff maintains that in
retaliation for his filing of the lawsuit and grievances, he
was transferred from PCC to CRCC. (Id.).
. When Plaintiff was transferred from PCC to
CRCC in October of 2013, Defendant Crawford refused to
include the following personal property of Plaintiffs: legal
documents confiscated on June 23, 2013, tennis shoes,
extension cord, cable cord, two typing ribbons, watch, crock
pot, and 49er's coat. (Defendants' Facts,
stated above, Defendants filed the instant Motion for Summary
Judgment on February 10, 2017, asserting that with respect to
Defendant Culton, Plaintiff failed to exhaust his
administrative remedies, and with respect to all Defendants,
Plaintiff failed to provide affirmative evidence Defendants
took adverse action against him and/or acted with a