Balla v. Murphy

775 P.2d 149, 116 Idaho 257, 9 A.L.R. 5th 1075, 1989 Ida. App. LEXIS 118
CourtIdaho Court of Appeals
DecidedMay 31, 1989
DocketNo. 17263
StatusPublished
Cited by5 cases

This text of 775 P.2d 149 (Balla v. Murphy) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balla v. Murphy, 775 P.2d 149, 116 Idaho 257, 9 A.L.R. 5th 1075, 1989 Ida. App. LEXIS 118 (Idaho Ct. App. 1989).

Opinion

WALTERS, Chief Judge.

This is an appeal from a judgment permanently enjoining officials of the Idaho State Correctional Institution from conducting telephone interviews of witnesses at prisoner disciplinary hearings unless certain procedural safeguards are taken. The injunction also requires that if a hearing officer refuses to obtain testimony from a witness whom an inmate wishes to call, the hearing officer must state — in the record of the hearing — the reasons for such a refusal. On appeal, the officials contend that the district court erred, as a matter of law, by placing these restrictions on the institution’s disciplinary hearing procedures. We affirm in part, reverse in part [259]*259and remand with directions to modify the injunction.

The facts of this case may be stated briefly. In 1985, Walter Balia (an inmate at the institution) filed a complaint against the ISCI officials alleging that he had suffered civil rights violations in connection with a disciplinary action occurring in 1984. At that time, the procedures for conducting disciplinary hearings were governed by Section 318 of the Department of Corrections’ Policy and Procedure Manual for Disciplinary Proceedings (1983) (department standards). In his complaint, Balia maintained — among other claims — that his constitutionally protected due process rights were violated when, during his disciplinary hearing, the hearing officer interviewed one of Balia’s witnesses over the telephone, without providing Balia an opportunity to hear the witness’s response, and without making the witness’s statements part of the hearing record. Balia also claimed that his due process rights were violated by the hearing officer’s failure to state the reasons for prohibiting another of Balia’s witnesses from testifying at the hearing.

Judgment was entered in favor of the officials on most of Balia’s claims. However, the district court granted Balia injunctive relief on his due process claims. Specifically, the court’s order prohibited hearing officers from conducting telephone interviews in the future unless the accused inmate could ask questions of the witness, the witness’s responses to the inmate’s questions were audible to all parties at the hearing, and the witness’s responses were made part of the record. Further, determining that an inmate has the right to have witnesses at hearings on disciplinary offenses unless the presence of the witness would be unduly hazardous to the safety of the institution, the injunction also required the hearing officer to state, on the record at the beginning of the hearing, the reasons for refusing to obtain testimony from a witness whom the inmate has requested. This appeal followed. Inasmuch as the officials are represented in this appeal by the state’s Attorney General, for ease of reference the officials’ position will be denominated as that of “the state.”

Initially, we note our standard of review of the district court’s order. Entitlement to injunctive relief depends upon the presentation of evidence by the applicant, establishing the right to such relief. In an injunction case, like any other case, the district court’s findings of fact — to support its conclusion that an injunction is appropriate — are subject to review under the clear error standard, I.R.C.P. 52(a). Under that standard, the court’s factual findings based on substantial and competent, though conflicting, evidence will not be disturbed on appeal. Rueth v. State, 103 Idaho 74, 644 P.2d 1333 (1982). However, the choice of the remedy of injunctive relief, and the scope thereof, presents a question upon which we will exercise free review. See e.g., Harris v. Preston-Whitney Irrig. Co., 92 Idaho 398, 401, 443 P.2d 482, 485 (1968).

I

We first address the state’s argument regarding telephone interviews. The state concedes that an inmate is entitled to minimal due process protection in a disciplinary hearing, including the right to call witnesses and to present documentary evidence, when doing so will not be unduly hazardous to institutional safety or correctional goals. Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). See also Calkins v. May, 97 Idaho 402, 545 P.2d 1008 (1976). However, the state points out that these due process protections do not include the right of confrontation or the right to cross-examine witnesses, primarily because of the inherent dangers associated with obtaining and scheduling witnesses for disciplinary hearings. See Wolff v. McDonnell, 418 U.S. at 566-69, 94 S.Ct. at 2979-81. The state maintains that its practice of permitting hearing officers to interview witnesses over the telephone during the hearing satisfies the inmate’s due process rights without compromising the state’s safety interests at the prison. Furthermore, the state argues that, despite the district court’s concern over the adequacy of the hearing record, [260]*260the department standards do not require a written record of the witness’s statements. Based upon these arguments, the state maintains that the district court erred by concluding that the use of telephone interviews did not meet minimal due process requirements.

The issues raised by this particular challenge may be restated as follows: (a) should the inmate be permitted to speak directly to, and hear the response given by, a witness interviewed by telephone; and (b) should an evidentiary record of the interrogation and responses from such a witness be required? We shall address each of these inquiries in turn.

A

As to the first question, the district court reasoned, consistent with the legal principles announced in Wolff and Calkins, that the telephone interview violated Balia’s due process rights. In reaching its conclusion the court noted that, under the institution’s procedure, an inmate is given no opportunity to determine whether the person being spoken to during a telephone interview is in fact the witness that he or she called, nor is the inmate afforded an opportunity to ascertain the specific content of the witness’s testimony. We agree with the district court that prohibitions of this nature constitute a denial, albeit indirectly, of an accused’s right to call witnesses at a disciplinary hearing. See Wolff v. McDonnell, supra. When a prisoner is given such a right, it must not be circumvented by procedures which unduly impair the exercise of that right.

The district court’s injunction does not rule out the use of all telephone interviews at disciplinary hearings. The order prohibits only those telephone interviews where the inmate is not allowed to ask questions directly to witnesses, or where the witness’s responses to such questioning are not audible to both the inmate and the hearing officer. As noted by the district court, these problems can be solved simply by attaching a device on the telephone which enables everyone in the room to hear the witness’s testimony. In this regard, the district court’s injunction is sufficiently narrow to protect the constitutional safeguards of the accused inmate while still providing the state with the means to insure institutional safety and correctional goals. See Wolff v. McDonnell, supra.

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Bluebook (online)
775 P.2d 149, 116 Idaho 257, 9 A.L.R. 5th 1075, 1989 Ida. App. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balla-v-murphy-idahoctapp-1989.