Christopher Goodvine v. Michael Meisner ( 2015 )


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  •                         NONPRECEDENTIAL DISPOSITION
    To be cited only in accordance with Fed. R. App. P. 32.1
    United States Court of Appeals
    For the Seventh Circuit
    Chicago, Illinois 60604
    Submitted June 26, 2015 *
    Decided July 1, 2015
    Before
    DIANE P. WOOD, Chief Judge
    JOEL M. FLAUM, Circuit Judge
    DAVID F. HAMILTON, Circuit Judge
    No. 14-3543
    CHRISTOPHER GOODVINE,                            Appeal from the United States District
    Plaintiff-Appellant,                        Court for the Western District of Wisconsin.
    v.                                        No. 14-cv-278-wmc
    MICHAEL MEISNER, et al.,                         William M. Conley,
    Defendants-Appellees.                        Chief Judge.
    ORDER
    Christopher Goodvine, a Wisconsin inmate, wanted to join a fellow prisoner in
    pursuing a class action pro se on behalf of mentally ill inmates confined in segregation at
    Columbia Correctional Institution. At screening, see 28 U.S.C. § 1915A, the district court
    dismissed Goodvine from the lawsuit after concluding that the claims common to both
    inmates were not appropriate for a class action or even joint litigation, and that their
    individual claims could not be brought in the same lawsuit. Goodvine appeals, arguing
    that the court should have granted class certification or at least allowed the pair to
    *
    After examining the briefs and record, we have concluded that oral argument is
    unnecessary. Thus the appeal is submitted on the briefs and record. See Fed. R. App. P.
    34(a)(2)(C).
    No. 14-3543                                                                            Page 2
    proceed as co-plaintiffs with their common claims. We are not persuaded by either
    contention, but we conclude that because of changed circumstances, Goodvine should
    have been permitted to proceed alone. As we explain, though, this victory for Goodvine
    may prove hollow because recent events suggest that little is left of the lawsuit
    underlying this appeal.
    The procedural history is unusual, though not complicated. Goodvine suffers
    from serious mental illness and until recently was confined in disciplinary segregation at
    Columbia off and on for at least four years. Another mentally ill inmate at Columbia,
    Jeffrey M. Davis, Jr., initiated this lawsuit—without Goodvine—by filing a complaint
    alleging that he suffered numerous instances of self-harm in segregation because of
    official indifference to his mental illness. At the time, Davis was litigating a similar case,
    see Davis v. Bartow, No. 3:12-cv-00559-wmc (W.D. Wis. Nov. 17, 2014), as was Goodvine,
    see Goodvine v. Meisner, No. 3:12-cv-00134-wmc (W.D. Wis. June 10, 2015).
    The district court screened Davis’s complaint and dismissed it sua sponte for
    failure to exhaust administrative remedies. See 42 U.S.C. § 1997e(a). Davis responded by
    completing the administrative process and then moving to reinstate his suit, with
    Goodvine as co-plaintiff. Along with his motion Davis submitted an amended complaint
    and an application for Goodvine to proceed in forma pauperis. The court granted
    Davis’s motion, assessed an initial partial filing fee against Goodvine (Davis already had
    paid), and stayed the suit pending screening of the pair’s amended complaint. The
    amended complaint incorporated Davis’s original claims, added Goodvine’s similar
    allegations of self-injury, and also added twelve “causes of action” common to both
    plaintiffs. These “causes of action,” though, are really of list of omissions—e.g., not
    training staff to monitor suicidal inmates in segregation—that Davis and Goodvine say
    worsened their mental illnesses and increased the risk of self-harm. The amended
    complaint sought injunctive relief and damages.
    In a separate motion, Davis and Goodvine further sought to proceed with their
    twelve shared “causes of action” as “class causes of action” on behalf of hundreds of
    mentally ill inmates at Columbia. On October 15, 2014, after Goodvine had paid his
    initial partial filing fee, the district court screened the amended complaint and, at the
    same time, ruled on the motion for class certification. Beginning with that motion, the
    court denied class certification after concluding that the questions of law and fact linking
    the members of the putative class were only superficially in common, that Davis and
    Goodvine were not adequate representatives, and that the pair could not fairly represent
    the class interests because they were pro se (and had not made an effort to secure class
    No. 14-3543                                                                            Page 3
    counsel). The court then dismissed Goodvine’s individual claims without prejudice,
    reasoning that they involve independent events, have no legal or factual issues in
    common with Davis’s individual claims, and make the complaint unwieldy. The result
    of these rulings, the court’s order presumes, was that only Davis could proceed. Yet the
    court did not explain why Davis and Goodvine could not continue with their shared
    “causes of action” as co-plaintiffs, even if not as class representatives. Goodvine brought
    that omission to the district court’s attention in a timely motion for reconsideration,
    which the court denied without further explanation.
    The order denying reconsideration was issued on November 5, 2014. Nine days
    later, as part of a settlement in his other lawsuit, Davis voluntarily dismissed with
    prejudice all of his claims in this suit with Goodvine. The voluntary dismissal was
    mailed on November 17 and received by the clerk of the district court on November 18.
    With Davis out of the case, the clerk of court then issued a final judgment the same day.
    On appeal Goodvine argues that the district court should have granted class
    certification or at least permitted him and Davis to proceed as co-plaintiffs with their
    shared “causes of action.” We can easily reject the first of these contentions. The district
    court gave sound reasons for denying class certification. That ruling was not an abuse of
    discretion. See Abbott v. Lockheed Martin Corp., 
    725 F.3d 803
    , 809 (7th Cir. 2013).
    Goodvine’s second contention has more substance. As he pointed out in his
    motion for reconsideration, the district court’s adverse ruling on class certification did
    not foreclose the two inmates from proceeding as co-plaintiffs on their common “causes
    of action.” In its analysis the district court overlooked that the “commonality” analysis
    for class actions, see Fed. R. Civ. P. 23(a)(2), is not coextensive with Federal Rule of Civil
    Procedure 20(a)(1), which governs joinder of plaintiffs. See Lee v. Cook County, 
    635 F.3d 969
    , 971 (7th Cir. 2011). Although Davis and Goodvine did not harm themselves in
    precisely the same way or on the very same days, both inmates attributed their injuries
    to the same omissions and prison policies identified in their twelve “causes of action.”
    Both plaintiffs had been in and out of segregation and were likely to be housed in
    segregation in the future. And their common allegations related directly to the
    conditions of confinement in segregation, including the failure to treat and protect
    mentally ill inmates. This suffices to establish common questions of law or fact, even if
    other questions predominate. See Fed. R. Civ. P. 20(a)(1)(B); 
    Lee, 635 F.3d at 971
    ;
    Boriboune v. Berge, 
    391 F.3d 852
    , 856 (7th Cir. 2004). That was enough for joinder to have
    been proper, though the decision to deny joinder is still a matter of discretion. See Chavez
    v. Ill. State Police, 
    251 F.3d 612
    , 632 (7th Cir. 2001). The district court reasoned that
    No. 14-3543                                                                            Page 4
    allowing Goodvine to join would have created an unwieldy suit with twelve common
    “causes of action,” over 30 individual claims, and scores of defendants. We would be
    unlikely to conclude that a district court faced with this scenario abuses its discretion by
    declining to let such a suit proceed.
    But that question is not squarely before us, because, in hindsight, it’s clear that the
    district court’s rationale for dropping Goodvine from the lawsuit—efficiency and
    improper joinder—was no longer valid by the time judgment was entered. The district
    court thought that Davis, as the original plaintiff, should move forward with his claims.
    Yet before judgment was entered, Davis had exited the lawsuit. Making Goodvine file a
    new action, as suggested by the district court, would have served no purpose (and cost
    Goodvine another filing fee). And absent its original rationale for declining to let
    Goodvine participate in a joint suit with Davis, the district court abused its discretion in
    entering final judgment.
    So we must remand this case, but there is a hitch. After the parties filed their
    briefs in this appeal, Goodvine and counsel for the State of Wisconsin settled Goodvine’s
    other lawsuit arising from conditions in segregation at Columbia. And as part of that
    settlement, the Department of Corrections agreed to and did transfer Goodvine to
    another prison. Since that transfer was compelled by the settlement, the prospect of
    Goodvine’s return to Columbia would appear to be remote, thus mooting his demand
    for injunctive relief in this suit. And as was true with the settlement in Davis’s other suit,
    the settlement of Goodvine’s parallel litigation may well preclude his damages claims in
    this action. We must leave for the district court to explore, however, the effect of
    Goodvine’s settlement on this case. The agreement is under seal and counsel for
    Wisconsin has not filed anything with us suggesting that this entire appeal is now moot.
    Accordingly, the judgment dismissing Goodvine’s “causes of action” numbered
    1 through 12, and his individual claims numbered 1 through 23, is VACATED and the
    case is REMANDED for further proceedings consistent with this order. We express no
    opinion concerning whether all of these claims, if not barred by Goodvine’s settlement in
    case no. 3:12-cv-00134-wmc, can proceed together in the same lawsuit, a question not yet
    addressed by the district court.
    

Document Info

Docket Number: 14-3543

Judges: PerCuriam

Filed Date: 7/1/2015

Precedential Status: Non-Precedential

Modified Date: 10/19/2024