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UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
CARLA S. ENGLE,
Plaintiff-Appellant,
v.
TENNESSEE DEPARTMENT OF CORRECTIONS, et al.
Defendants-Appellees.
No. 02-5970
63 Fed. Appx. 860
April 29, 2003, Filed
NOTICE: NOT RECOMMENDED FOR
FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 28(g) LIMITS CITATION TO SPECIFIC
SITUATIONS. PLEASE SEE RULE 28(g) BEFORE CITING IN A PROCEEDING IN A COURT IN
THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT.
THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED.
ORDER
Before: CLAY and GIBBONS, Circuit Judges; DUGGAN, District Judge
*
Carla S. Engle, proceeding pro se, appeals a district court
order dismissing her civil rights action filed pursuant to 42 U.S.C. § 1983.
This case has been referred to a panel of the court pursuant to Rule 34(j)(1),
Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees
that oral argument is not needed. Fed. R. App. P. 34(a).
Seeking
declaratory and injunctive relief, Engle filed a complaint against the
Tennessee Department of Corrections ("TDOC") and the following
officials employed by the TDOC: Commissioner Donal Campbell, Assistant
Commissioner Jim Rose, Warden Wayne Douglas, Warden H. Earline Guida, Deputy
Warden Charles Simmons, Deputy Warden Charles Banks, and Officer Geralyn
Hutchinson. Engle alleged that she was employed as a correctional officer at
the Tennessee Prison for Women from March 1998 to January 1999. During her
employment, Engle befriended inmate Karen Howell. Following the resignation of
her employment with the TDOC, Engle began assisting TDOC inmates, including
Howell, with legal research and other legal matters. In an effort to assist
Howell, Engle enlisted the aid of inmate Crystal Sturgill, one of Howell's
co-defendants. Engle subsequently
became a certified paralegal.
Relying
upon the First, Fifth, Sixth, and Fourteenth Amendments, Engle alleged that the
defendants improperly restricted her visitation, written correspondence, and
telephone communication with Howell, Sturgill, and other inmates, thereby
denying her meaningful access to the courts, equal protection, due process, and
the right to pursue her profession. Engle also alleged that the defendants
retaliated against her because she exercised her constitutional right to criticize TDOC
policies and security measures. In addition, Engle challenged the
constitutionality of TDOC Policy Number 507.01 § VI(B)(6)(h), which prohibits former TDOC
employees from visiting TDOC inmates unless certain conditions, not applicable
to Engle, are present.
The defendants filed a motion to dismiss, to which Engle
responded. The district court granted the defendants' motion and dismissed the
case. The district court subsequently denied Engle's motion for
reconsideration. Engle has filed a timely appeal.
We review de novo the district court's dismissal of a suit
pursuant to Fed. R. Civ. P. 12(b)(6). Decker v. Merrill Lynch, Pierce, Fenner
and Smith, Inc., 205 F.3d 906, 909 (6th Cir. 2000); Columbia Nat. Res., Inc. v.
Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995).
When considering a Fed. R. Civ. P. 12(b)(6) motion to dismiss, "the
district court must construe the complaint in a light most favorable to the
plaintiff, accept all of the factual allegations as true, and determine whether
the[*863] plaintiff undoubtedly can prove no set of facts in support of his
claims that would entitle him to relief." Tatum, 58 F.3d at 1109; accord Decker,
205 F.3d at 909.
Upon
review, we conclude that the district court properly dismissed Engle's
complaint as it failed to state a claim upon which relief may be granted.
First, Engle lacks standing to challenge the restrictions imposed by the TDOC
upon visitation, written correspondence, and telephone communication because
she did not allege any personal injury resulting from such restrictions,
see Valley Forge Christian Coll. v. Americans United for Separation of Church
and State, Inc., 454 U.S. 464, 472, 70 L. Ed. 2d 700, 102 S. Ct. 752 (1982),
and she may not assert claims on behalf of Howell, Sturgill, or any other
prisoner. See id. at 474; Newsom v. Norris, 888 F.2d 371, 381 (6th Cir. 1989). Moreover, Engle may not assert a
derivative claim for lack of access to the courts since she did not allege that
Howell lacked reasonable alternatives to her assistance. See Gibbs v. Hopkins,
10 F.3d 373, 378 (6th Cir. 1993).
Second,
Engle cannot state a § 1983 due process claim predicated upon the TDOC's
failure to follow its policies regarding non-contact visitation, telephone
privileges, attorney access to inmates, and inmate mail because such TDOC
policies do not impose an atypical and significant hardship in relation to the
ordinary incidents of prison life. See Sandin v. Conner, 515 U.S. 472,
484, 132 L. Ed. 2d 418, 115 S. Ct. 2293 (1995). Third, Engle failed to allege the elements necessary to
support a retaliation claim against the defendants as she failed to allege that
the defendants' actions were sufficiently adverse so as to have a deterrent
effect on future protected conduct. See Thaddeus-X v. Blatter, 175 F.3d 378,
394 (6th Cir. 1999).
Fourth, the
TDOC visitation policy at issue is not unconstitutional. The visitation policy
does not run afoul of the Equal Protection Clause because it is rationally
related to a legitimate penological objective, see Walker v. Bain, 257 F.3d
660, 667-68 (6th Cir. 2001), does not deprive Engle of a property interest
protected by the Due Process Clause because she has no legitimate claim of
entitlement to visitation with TDOC inmates, see Bd. of Regents v. Roth,
408 U.S. 564, 577, 33 L. Ed. 2d 548, 92 S. Ct. 2701 (1972), and does not violate her Fourteenth
Amendment right to pursue her profession as a paralegal because she is not
entirely foreclosed from pursuing her career. See Conn v. Gabbert, 526
U.S. 286, 291-92, 143 L. Ed. 2d 399, 119 S. Ct. 1292 (1999); Parate v. Isibor,
868 F.2d 821, 831 (6th Cir. 1989).
Accordingly, the district court's order is affirmed. Rule 34(j)(2)(C),
Rules of the Sixth Circuit.
* Honorable Patrick J. Duggan, United States District Judge for the Eastern District of Michigan, sitting by designation.