Betts v. McCaughtry

827 F. Supp. 1400, 1993 U.S. Dist. LEXIS 10467, 1993 WL 285400
CourtDistrict Court, W.D. Wisconsin
DecidedJuly 21, 1993
Docket92-C-640-C
StatusPublished
Cited by16 cases

This text of 827 F. Supp. 1400 (Betts v. McCaughtry) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Betts v. McCaughtry, 827 F. Supp. 1400, 1993 U.S. Dist. LEXIS 10467, 1993 WL 285400 (W.D. Wis. 1993).

Opinion

*1402 OPINION AND ORDER

CRABB, Chief Judge.

Plaintiffs are African-American inmates at the Waupun Correctional Institution. They brought this civil action under 42 U.S.C. § 1988 contending that defendants violated their First Amendment rights and right to equal protection under the Fourteenth Amendment by censoring musical cassettes bearing “Parental Advisory” labels and by banning certain hair products and the wearing of carved hair styles, long fingernails and sunglasses and stocking caps indoors. Plaintiffs contend that the defendants’ policies discriminate both by race and sex: by race, because the policies affect African-Americans disproportionately and by sex, because the grooming policies are applied differently to male and female inmates. Plaintiffs contend also that the policies infringe on their First Amendment rights by denying them the right to express themselves. Plaintiffs maintain that the policies deprive them arbitrarily of liberty interests in violation of the due process clause. Finally, plaintiff Betts contends that he was retaliated against for challenging the Waupun censorship policy.

Defendants have moved for summary judgment, asserting that their policies do not discriminate on the basis of race or gender. Defendants contend further that the suit should be dismissed under the doctrine of qualified immunity.

I find that plaintiffs have failed to come forward with evidence that male and female inmates are treated unequally for purposes of their gender discrimination claims and that plaintiffs have failed to offer sufficient evidence to prove that the challenged regulations constitute racial discrimination. In addition, I find that the challenged regulations are related rationally to a legitimate security concern. Therefore plaintiffs’ First Amendment and due process claims fail. Defendants will be awarded summary judgment on plaintiffs First Amendment, due process and equal protection claims. Finally, plaintiffs have failed to submit any evidence to support plaintiff Betts’ claim of retaliation.

To succeed on a motion for summary judgment, the moving party must show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Indiana Grocery, Inc. v. Super Valu Stores, Inc., 864 F.2d 1409, 1412 (7th Cir.1989). When the moving party succeeds in showing the absence of a genuine issue as to any material fact, the opposing party must set forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e); Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); Bank Leumi Le-Israel, B.M. v. Lee, 928 F.2d 232, 236 (7th Cir.1991). The opposing party cannot rest on the pleadings alone, but must designate specific facts in affidavits, depositions, answers to interrogatories or admissions that establish that there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. Also, if a party fails to make a showing sufficient to establish the existence of an essential element on which that party will bear the burden of proof at trial, summary judgment for the opposing party is proper. Id. at 322, 106 S.Ct. at 2552.

For the purpose of this motion only, I find from the parties’ proposed findings of fact that the following material facts are not in dispute.

FACTS

Plaintiffs are African-American inmates who were incarcerated at the Waupun Correctional Institution at all times relevant to this action. During this time, defendant McCaughtry was warden of Waupun, defendant Oestreich was associate warden in charge of security, defendant Secchi was associate warden in charge of treatment, and defendant Fuller was a captain employed as property department supervisor and investigative lieutenant/security supervisor.

As of December 21, 1992, approximately 927 of the 1150 inmates at Waupun were incarcerated for assaultive offenses. Between January 1, 1992 and November 19, 1992, Waupun issued 163 conduct reports for battery, 224 conduct reports for threats, 22 conduct reports for inciting a riot, 36 conduct *1403 reports for participating in a riot, 44 conduct reports for weapons possession. At Waupun, numerous inmates are associated with gangs. 1 Inmates at Waupun were issued 48 conduct reports for group resistance and petitions in the above time period.

Inmates at Waupun cannot possess curling irons, pressing combs and hair dryers because such hot metallic items could be used as weapons by inmates, but female inmates at Taycheedah are allowed to have such items. The item most commonly used as a weapon by inmates at Waupun is a padlock that is supplied to inmates by the prison administration.

The Waupun canteen has the following hair care items available: curlers, permanent kits, ponytail holders, scissors, hair conditioners, shampoos and grooming gels. Prison officials allow inmates to wear hair care caps and curlers to and from the recreation area and in the housing units. An inmate is allowed up to 50 hair curlers.

Pennanent kits are used almost exclusively by African-American inmates. Inmates with hair curlers are not permitted to leave their cells to eat, forcing an inmate to choose between eating or exercising his grooming preferences.

Waupun is an old institution with some housing units over 75 years old. The electricity demands of hair dryers and curling irons are quite high. The increased electrical load would constitute a fire hazard. There are only two outlets per inmate, and these outlets must accommodate radios, televisions, typewriters and fans.

The rule banning indoor wearing of caps and sunglasses is designed to facilitate identification of inmates who participate in disturbances. On May 23, 1992, in the presence of 400 inmates in the cafeteria, twenty-eight inmates were involved in the assault and injury of seven officers. Even though much of the action was videotaped, it was difficult to identify the inmates involved who wore sunglasses and hats that they pulled down -to conceal their identities.

Although carved hair' styles are worn primarily by black inmates out of recognition of their African heritage, white inmates have engaged in hair carving as well as in putting multiple parts in their hair. The Waupun grooming code and Wis.Admin.Code § DOC 309.338(3)(b) have been enforced against whites as well as blacks. The prohibition of carved designs and multiple parts is intended to limit gang-related identification in prison.

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Cite This Page — Counsel Stack

Bluebook (online)
827 F. Supp. 1400, 1993 U.S. Dist. LEXIS 10467, 1993 WL 285400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betts-v-mccaughtry-wiwd-1993.