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Thomas v. Motley9/9/2005
AFFIRMING
BEFORE: DYCHE, HENRY, AND TACKETT, JUDGES.
Walter L. Thomas appeals from an order of the Morgan Circuit Court entered on January 14, 2004, which dismissed his petition for declaration of rights challenging two prison disciplinary actions filed pursuant to KRS 418.04, CR 57, and 42 U.S.C. § 1983. We believe the action was properly dismissed because some of the claims were barred by the statute of limitations and the others failed to state a claim for relief; thus, we affirm.
In August 2002, Thomas was an inmate at the Eastern Kentucky Correctional Complex authorized to work as a legal aide for inmates at the institution. On August 2, 2002, following an investigation, Thomas was cited for violation of Corrections Policy and Procedure (CPP) 15.2, Category III (Major Violations) No. 13, charging another inmate for any services, associated with his receipt of a $100.00 money order from an acquaintance of another inmate. In an interview of Thomas about the money order, he admitted having received the money for assisting the other inmate in a disciplinary proceeding. At Thomas's disciplinary hearing held on August 12, 2002, he effectively pled guilty to the charge. The adjustment officer found Thomas guilty based on his admissions and a copy of the money order, and imposed a penalty of 15 days in disciplinary segregation. In an extensive document appealing the disciplinary action to the prison warden, Thomas argued the evidence was insufficient because the money order was sent by a person different from that alleged by the charging officers, and the action was based racial bias and retaliation. On August 29, 2002, the prison warden rejected the appeal by concurring with the decision of the Adjustment officer. On August 12, 2002, prior to his placement into the segregation unit, Corrections officers conducted an inventory of Thomas's possessions in his cell. The officers discovered and confiscated a large number of canteen items (148 according to Thomas). Thomas produced receipts for many of the items but several were not included in the records from the canteen. On August 26, 2002, Thomas was charged with violating CPP 15.2, Category IV No. 26, possession of unaccountable canteen items. During the hearing held on September 9, 2002, Thomas stated that he received some of the items from other inmates in return for assistance as a legal aide. The Adjustment Officer found Thomas guilty and imposed a penalty of 30 days in disciplinary segregation. On September 25, 2002, the prison warden concurred with the decision of the Adjustment Officer.
Between August 20, 2002 and September 10, 2002, Thomas filed two grievances claiming the prison officials brought the charges for violation of the prison regulation on possession of canteen items as an act of retaliation for filing the initial grievance. Both on review through informal resolution and by the Commissioner of the Department of Corrections, Thomas's claim of retaliation was rejected based on the evidence of the violation. In addition, in August and September, 2002, Thomas filed grievances alleging cruel and unusual punishment in connection with the failure of prison authorities to allow him to take a shower on several days and the presence of blood in his cell while in the segregation unit. These grievances were denied because prison physicians had recommended that Thomas receive complete bed rest for a sprained ankle and the cell had been cleaned prior to his placement in the cell.
On September 3, 2003, Thomas filed a petition for declaration of rights pursuant to KRS 418 and 42 U.S.C. § 1983.
Thomas alleged that the actions of the prison officials in connection with the two discip
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