RICHARDSON v. Roger L. Ayers, Sergeant, McPherson Unit; Virginia Spence, Coach, McPherson Unit (originally named as V Spence); John Herrington, Assistant Warden, McPherson Unit Defendants - Appellees (2021)

United States Court of Appeals, Eighth Circuit.2021-08-24No. No. 20-3205

Summary · law.co

Holding. The court affirmed the district court's grant of summary judgment, finding that Richardson's equal protection claims failed because she did not present sufficient evidence of differential treatment compared to similarly situated inmates or proof of purposeful discrimination based on race or sexual orientation.

Angela Schuncey Richardson, an Arkansas prison inmate, challenged a prison separation order on equal protection grounds under federal civil rights law. She appealed after the district court granted summary judgment against her. Richardson claimed the separation order violated her equal protection rights based on her race or sexual orientation.

The appellate court examined whether Richardson had presented sufficient evidence of discriminatory treatment. The court found that her official-capacity claims for monetary damages were barred by sovereign immunity. Additionally, the court determined that the evidence did not demonstrate that Richardson was treated differently from other similarly situated inmates, nor did it show that any differential treatment was intentional or motivated by a protected characteristic. The court applied established precedent requiring prisoners to prove both unequal treatment and purposeful discrimination based on a suspect classification.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a prison separation order violated equal protection rights
Whether evidence demonstrated differential treatment based on race or sexual orientation
Application of sovereign immunity to official-capacity damages claims
Standard of proof required for equal protection claims by prisoners

Procedural posture

Richardson appealed the district court's grant of summary judgment in her § 1983 equal protection action challenging a prison separation order.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

[Unpublished]

Arkansas inmate Angela Schuncey Richardson appeals following the district courts

adverse grant of summary judgment in her 42 U.S.C. § 1983 action raising equal protection claims related to a prison separation order. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After careful review of the record and the parties’ arguments on appeal, this court concludes that the district court properly granted summary judgment. See Whitson v. Stone Cnty. Jail, 602 F.3d 920, 923 (8th Cir. 2010) (de novo review). Richardsons official-capacity claims for damages were barred by sovereign immunity. The evidence was insufficient to show that Richardson was treated differently from similarly situated inmates, or that any unequal treatment was purposeful and motivated by her race or sexual orientation. See Patel v. U.S. Bureau of Prisons, 515 F.3d 807, 815 (8th Cir. 2008) (for equal protection claim, prisoner must show that he is treated differently than similarly situated inmates and that the different treatment is based on suspect classification or a fundamental right); Lewis v. Jacks, 486 F.3d 1025, 1028 (8th Cir. 2007) (unequal treatment of persons entitled to be treated alike is not denial of equal protection unless intentional or purposeful discrimination is shown); Weiler v. Purkett, 137 F.3d 1047, 1052 (8th Cir. 1998) (en banc) (few individual examples of unequal treatment are insufficient to more than minimally support inference of purposeful discrimination).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

. The Honorable D.P. Marshall, Jr., Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.