United States District Court, S.D. West Virginia
MEMORANDUM OPINION AND ORDER
T. COPENHAVER, JR. SENIOR UNITED STATES DISTRICT JUDGE
is the defendants' supplemental motion to dismiss
plaintiff's amended complaint,  filed August 17, 2016. This
action was previously referred to the Honorable Dwane L.
Tinsley, United States Magistrate Judge, for submission to
the court of his Proposed Findings and Recommendation
(“PF&R”) for disposition pursuant to 28
U.S.C. § 636(b)(1)(B).
Ricky Vincent Pendleton is an African-American prisoner
incarcerated at the Mount Olive Correctional Complex
(“Mount Olive”). On August 13, 2014, plaintiff
was placed in punitive segregation for violating prison
rules, namely, an encounter with Officer Erin Linville and
possessing contraband consisting of a pair of Department of
Corrections issued sweatpants and shorts which had been
altered to add pockets contrary to prison rules. See
Defs.' Mem. Supp. Mot. Dismiss, ECF No. 23-1, at 9-10.
plaintiff was charged with compromising Officer Erin
Linville, who stated that the plaintiff “Asked me if I
were nervous, this is prison after all” and told her
“You don't need to be worried, not while I'm
around.” Id. at 10. The plaintiff had also
been placed in punitive segregation in 2012 for compromising
an employee of Mount Olive, Susan Trent. Id. at 11.
stated by the defendants in their original memorandum in
support of their motion to dismiss, “punitive
segregation is for one or two months and it is a punishment
for an inmate's violation of a prison disciplinary
rule.” ECF No. 24, at 1 n.1.
August 13, 2014, Officer Janiszewski interviewed the
plaintiff about an allegation that he had been
“involved” with a female correctional officer,
Delta Butler. As a part of that investigation, Officer Boggs
seized an incoming letter from “Rebecca Hart” in
the mailroom, and Officer Janiszewski seized another letter
in the plaintiff's possession that was addressed to
weeks later, on October 1, 2014, the
Segregation Committee (“Committee”), comprised of
defendants Kelli Hinte, Sherrie Snyder and Cheryl Chandler,
presided over plaintiff's administrative segregation
hearing to determine whether the plaintiff should be assigned
to administrative segregation upon his completion of the
punitive segregation sanction for prison rule violations. ECF
No. 8, at 5.
segregation differs from punitive segregation in that
administrative segregation “inmates are the most
serious institutional security and public risk within the
Division of Corrections.” Admin. Segregation Policy
Directive, ECF No. 73-1, at 13. “An inmate who is
serving sixty (60) days Punitive Segregation will be reviewed
by the Administrative Segregation Committee within twenty-one
(21) days prior to their Punitive Segregation release. If
placed on Administrative Segregation, the remainder of the
inmate's Punitive Segregation sentence shall become null
and void.” Id. at 15. The Committee bases its
decision to recommend administrative segregation upon the
preponderance of available information or evidence, such as:
(a) A record of disciplinary rule violations . . . which
shows a pattern or tendency of behavior, which is . . .
threatening to the inmates, staff, self, or the public.
(b) Information from staff or other inmates indicating that
the inmate has engaged in or plans to engage in activities
which may be a threat to the public, staff, self, or other
inmates . . . .
* * *
(d) Specific information showing that the inmate is involved
in any behavior that disrupts the safe, secure operation of