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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 20-11631
Non-Argument Calendar
________________________
D.C. Docket No. 5:17-cv-00119-RSB-BWC
HARLEM MARTINEZ,
Plaintiff - Appellant,
versus
WARDEN,
GREG DOZIER,
in his individual capacity,
ASSISTANT WARDEN RICK STONE,
LINDA WALKER,
TIMOTHY WARD,
In his capacity as Commissioner of the Georgia Department of Corrections,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
________________________
(March 10, 2021)
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Before ROSENBAUM, NEWSOM and DUBINA, Circuit Judges.
PER CURIAM:
Appellant Harlem Martinez-Cruz (“Martinez”), a Georgia prisoner
proceeding pro se, appeals the district court’s grant of summary judgment on his
42 U.S.C. § 1983 action, challenging the lack of Spanish law books and legal
materials in Coffee Correctional Facility’s (“CCF”) law library as a discriminatory
policy that violates the Equal Protection Clause. Martinez argues that genuine
issues of material fact existed that precluded the grant of summary judgment, and
the district court erroneously resolved factual issues in favor of Warden Hilton
Hall, Assistant Warden Rick Stone, and Linda Walker, a law library aide at the
CCF, as well as former Commissioner of the Georgia Department of Corrections
Greg Dozier and current Commissioner Timothy Ward. (referred to collectively as
the “CCF Defendants”). Having read the parties’ briefs and reviewed the record,
we affirm the district court’s grant of summary judgment to the CCF Defendants.
I.
Martinez has been incarcerated at the CCF since March 2015. Originally
from El Salvador, Martinez’s native language is Spanish. He allegedly speaks
little English and cannot read or write in English. The CCF is a private prison
facility operated and managed by CoreCivic, Inc. (“CoreCivic”), and it provides
certain services to inmates housed at CCF, including legal research materials and
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translation services. Under CoreCivic’s policy, the primary legal research
materials in the library consist of an electronic subscription product from Lexis
Nexis that is specifically curated for Georgia prisoners and is available only in
English. Another research material, the Jailhouse Lawyer’s Handbook, a standard
legal research book in prison law libraries, is not presently available for purchase
in Spanish. The law library at CCF only has one Spanish-language law book
available for its inmates: a Spanish to English and English to Spanish Law
Dictionary.
Martinez filed a
42 U.S.C. § 1983 complaint, as a class action, against the
CCF Defendants, alleging that they violated the Equal Protection Clause of the
Fourteenth Amendment by racially discriminating against Martinez because they
did not provide him with Spanish-language legal research material. He sought
preliminary and permanent injunctive relief, compensatory damages, and punitive
damages. The magistrate judge entered an initial report and recommendation
(“R&R”), to which Martinez filed objections. The magistrate judge interpreted the
objections as a motion to amend the complaint and gave Martinez leave to file an
amended complaint. Martinez filed an amended complaint, reiterating his claims
from his first complaint. The CCF Defendants filed an amended answer.
The district court adopted the magistrate judge’s R&R, overruled Martinez’s
objections, and dismissed Martinez’s access to the courts, conspiracy, class action,
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and preliminary injunctive relief claims. The CCF Defendants moved for
summary judgment and provided sworn declarations of the named parties, and a
sworn declaration of Jennifer Williams, an attorney for CoreCivic. Martinez
opposed the motions for summary judgment, arguing that as an Hispanic, Spanish-
speaking prisoner, he had been denied an adequate, effective and meaningful law
library to pursue post-conviction proceedings. Martinez submitted several sworn
declarations supporting his contention that CCF’s law library was inadequate
because it contained one bilingual law book and no computer software offering
Spanish legal materials. The magistrate judge recommended that the CCF
Defendants’ motions for summary judgment be granted because Martinez did not
establish the alleged discrimination was based on his membership in a suspect
class, could not establish intentional discrimination, and could not prove that he
had been treated differently than similarly situated inmates.
The district court adopted the R&R and granted the CCF Defendants’
motions for summary judgment. The district court found that Martinez’s equal
protection claims failed on three independent grounds: (1) Martinez could not
establish that the alleged discrimination was based on his membership in a suspect
class; (2) Martinez could not show that he was “similarly situated” to his
comparators because inmates who speak limited or no English are differently
situated than those who are fluent in English; and (3) Martinez presented no
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evidence that the alleged discrimination was intentional or motivated by a
discriminatory purpose. Martinez appeals the district court’s grant of summary
judgment to the CCF Defendants.
II.
We review de novo the district court’s grant of summary judgment and apply
the same standards used by the district court. Miccosukee Tribe of Indians of Fla.
v. United States,
516 F.3d 1235, 1243 (11th Cir. 2008). Summary judgment is
appropriate if the parties’ submissions “show that there is no genuine issue as to
any material fact and that the moving party is entitled to judgment as a matter of
law.”
Id. “A factual dispute between the parties will not defeat summary
judgment unless it is both genuine and material.”
Id. A factual dispute is only
“material” if it would affect the outcome of the case.
Id. Moreover, we will affirm
the grant of summary judgment “for any reason supported by the record, even if
not relied upon by the district court.” Allen v. USAA Cas. Ins. Co.,
790 F.3d 1274,
1278 (11th Cir. 2015).
“To obtain reversal of a district court judgment that is based on multiple,
independent grounds, an appellant must convince us that every stated ground for
the judgment against him is incorrect.” Sapuppo v. Allstate Floridian Ins. Co.,
739
F.3d 678, 680 (11th Cir. 2014). “When an appellant fails to challenge properly on
appeal one of the grounds on which the district court based its judgment, he is
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deemed to have abandoned any challenge of that ground, and it follows that the
judgment is due to be affirmed.”
Id. An appellant also abandons a claim when (a)
he makes only passing reference to it, (b) he raises it in a perfunctory manner
without supporting arguments and authority, (c) he refers to it only in the
“statement of the case” or “summary of the argument,” or (d) the references to the
issue are mere background to the appellant’s main arguments or are buried within
those arguments.
Id. at 681–82.
We hold pro se pleadings to a less stringent standard than attorney drafted
pleadings, and we liberally construe them. Tannenbaum v. United States,
148 F.3d
1262, 1263 (11th Cir. 1998). Although we give liberal construction to pro se
pleadings, the pleadings must still conform to procedural rules. Albra v. Advan
Inc.,
490 F.3d 826, 829 (11th Cir. 2007). Further, the leniency afforded pro se
litigants with liberal construction does not give the courts “license to serve as de
facto counsel” or permit them to rewrite an otherwise deficient pleading to sustain
an action. Campbell v. Air Jamaica Ltd.,
760 F.3d 1165, 1168–69 (11th Cir. 2014)
(quoting GJR Invs., Inc. v. Cnty. of Escambia, Fla.,
132 F.3d 1359, 1369 (11th Cir.
1998)).
III.
Martinez argues on appeal that the district court erred in granting summary
judgment to the CCF Defendants because there were genuine issues of material
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fact that precluded the grant of summary judgment, and the district court
improperly resolved the factual disputes in favor of the CCF Defendants.
The CCF Defendants initially contend that Martinez fails to properly
challenge the district court’s ruling on his equal protection claims and fails to
establish how any of the proposed disputed facts were material to the district
court’s ruling. The CCF Defendants also assert that Martinez offers no analysis of
the district court’s conclusions that his language abilities do not make him a
member of a suspect class, that he was not “similarly situated” to inmates who can
read and write English, and that the policies he challenges were motivated by
discriminatory intent. Because Martinez fails to make specific, non-conclusory
arguments for each of the district court’s independent conclusions, the CCF
Defendants contend that Martinez has effectively abandoned his appeal.
Alternatively, the CCF Defendants argue that Martinez’s claim fails as a
matter of law. First, while Martinez alleges that the failure to provide Spanish
research materials discriminated against him based on his Hispanic ethnicity, he
presents no evidence that the policies discriminate against Hispanic inmates.
Second, Martinez cannot show that he was “similarly situated” to the English-
speaking inmates. Third, Martinez presents no evidence that the challenged policy,
which is not set by the warden or local prison staff, was instituted because of
discriminatory intent. The undisputed evidence demonstrates that CoreCivic does
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not provide Spanish legal research materials because they are not available.
Hence, the CCF Defendants urge this court to affirm the district court’s judgment.
IV.
“The Equal Protection Clause of the Fourteenth Amendment commands that
no State shall ‘deny to any person within its jurisdiction the equal protection of the
laws,’ which is essentially a direction that all persons similarly situated should be
treated alike.” City of Cleburne v. Cleburne Living Ctr.,
473 U.S. 432, 439,
105 S.
Ct. 3249, 3254 (1985) (quoting Plyler v. Doe,
457 U.S. 202, 216,
102 S. Ct. 2382,
2394 (1982)). “To establish an equal protection claim, a prisoner must
demonstrate that (1) he is similarly situated to other prisoners who received more
favorable treatment; and (2) the state engaged in invidious discrimination against
him based on race, religion, national origin, or some other constitutionally
protected basis.” Sweet v. Sec’y, Dep’t of Corr.,
467 F.3d 1311, 1318–19 (11th
Cir. 2006).
Protected classes typically involve immutable characteristics determined by
the accident of birth, such as race, national origin, and sex. Frontiero v.
Richardson,
411 U.S. 677, 686,
93 S. Ct. 1764, 1770 (1973). If the allegations do
not implicate a suspect class, a court will evaluate only whether there was a
rational basis for the treatment. Cook v. Wiley,
208 F.3d 1314, 1323 (11th Cir.
2000).
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A plaintiff must also satisfy the “similarly situated” requirement regardless
of whether his claim is based on a suspect classification. Young Apartments, Inc.
v. Town of Jupiter, Fla.,
529 F.3d 1027, 1045 (11th Cir. 2008). Under this
requirement, a prisoner must demonstrate that he is similarly situated to other
prisoners who received more favorable treatment. Sweet, 467 F.3d at 1318–19. To
be considered similarly situated, comparators must be prima facie identical in all
relevant respects. Grider v. City of Auburn, Ala.,
618 F.3d 1240, 1264 (11th Cir.
2010) (internal quotation marks omitted).
We conclude, based on the record, that Martinez has abandoned his
challenge to the district court’s grant of summary judgment by failing to challenge
the three independent grounds for its equal protection ruling. See Sapuppo, 739
F.3d at 680. While Martinez references these grounds in a list of “disputed facts”
in his statement of the case in his brief on appeal, he does so in a perfunctory
manner without supporting arguments and authority and only specifies one of the
grounds, discriminatory intent, in the body of his argument.
Assuming arguendo that Martinez has preserved his challenge on appeal, we
conclude that the district court properly granted summary judgment. Even
assuming without deciding that Martinez showed that he was a member of a
suspect class, he did not show that the alleged discrimination by any of the CCF
Defendants was intentional. CoreCivic’s corporate legal department determined
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the contents of the CCF library, and the absence of Spanish legal materials did not
stem from intentional discrimination but from the unavailability of such materials
for purchase.
Accordingly, for the aforementioned reasons, we affirm the district court’s
grant of summary judgment for the CCF Defendants.
AFFIRMED.
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