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Taylor v. Steele

United States District Court, E.D. Missouri, Eastern Division

August 18, 2017

SAMUEL LEWIS TAYLOR, Plaintiff,
v.
TROY STEELE, et al., Defendants.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE

         This 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 disposition.[1]

         BACKGROUND

         Plaintiff 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).

         At the 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, ¶¶ 2-6).

         At all 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).[2] 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 following incidents:

. On February 16, 2013, Defendants Hedrick and Schneedle conducted a cell search of Plaintiff s cell. (Plaintiffs Response to Defendants' Facts, second ¶ 76[3]). 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, ¶ 91).
. 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, ¶¶ 34-36).[4]

         As 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 retaliatory motive.

         SUMMARY ...


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