David L. Woodward v. Holly Shaw, et al.

Summary

The United States District Court for the District of Kansas addresses a pro se prisoner’s claims under 42 U.S.C. § 1983 arising from an alleged inmate assault, conditions of confinement, and loss of personal property. The court dismisses the conditions-of-confinement and property-loss claims, dismisses several defendants, and orders the Kansas Department of Corrections to prepare a Martinez Report concerning the failure-to-protect claim.

Holdings

1. The allegations concerning Woodward's confinement in segregation did not state a constitutional claim, and the claim for damages based on those conditions was dismissed because he did not allege a physical injury arising from the confinement conditions.
2. Woodward's loss-of-property claim did not state a federal due-process violation because Kansas provides an adequate state post-deprivation remedy.
3. Defendants Zmuda and Howes were dismissed because Woodward did not allege facts showing their personal participation in the alleged constitutional violations.
4. The court could not complete screening of Woodward's failure-to-protect claim without additional information and therefore ordered appropriate KDOC officials to prepare a Martinez Report.

Questions Presented

1. Whether Woodward stated an Eighth Amendment conditions-of-confinement claim based on his placement and alleged lack of clothing, supplies, property, and privileges in segregation.
2. Whether Woodward stated a Fourteenth Amendment due-process claim for the loss or deprivation of his personal property when Kansas provides an adequate state post-deprivation remedy.
3. Whether defendants Zmuda and Howes could remain in the action absent allegations of their personal participation in the alleged constitutional violations.
4. Whether the court could complete screening of the failure-to-protect claim without additional factual information from KDOC officials.

Disposition

other