Brooks v. Ward

97 F.R.D. 529, 36 Fed. R. Serv. 2d 525, 1983 U.S. Dist. LEXIS 17880
CourtDistrict Court, W.D. North Carolina
DecidedApril 8, 1983
DocketNo. C-C-80-414-M
StatusPublished

This text of 97 F.R.D. 529 (Brooks v. Ward) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Ward, 97 F.R.D. 529, 36 Fed. R. Serv. 2d 525, 1983 U.S. Dist. LEXIS 17880 (W.D.N.C. 1983).

Opinion

ORDER

McMILLAN, District Judge.

On December 18, 1980, four prisoners, Wayne Brooks, Clarence Wheeler, Lee Roy Steele, and Kenneth Helms, filed this suit, pro se, against Jack Ward, Superintendent of the Union County Prison Unit, Subsidiary # 4550, of the North Carolina Department of Correction. They sought damages, injunctive relief and declaratory relief, on behalf of themselves and all white prisoners similarly situated, for conditions of confinement alleged to violate their constitutional and statutory rights.

[531]*531On April 22, 1982, the court appointed counsel. On June 15, 1982, plaintiffs filed an amended complaint on behalf of all prisoners who are or will be confined in the Union County Prison Unit. The amended complaint named six additional defendants, dropped the claim for relief in. damages, and added a claim of retaliatory transfer.

On September 27, 1982, defendants filed ■a “Suggestion of Mootness.”

The retaliatory transfer claim was tried before a jury on October 18, 1982, and was decided in favor of defendants.

On November 2, 1982, plaintiff Steele took a voluntary dismissal of his suit because he had been released after serving his sentence. On December 27, 1982, plaintiff Helms took a voluntary dismissal for the same reason. Both plaintiff Brooks and plaintiff Wheeler have been transferred by defendants from the Union County unit to other units in the North Carolina Department of Correction.

On December 6, 1982, seven persons moved for permission to intervene as plaintiffs: Bobby Hubert, Elmore Burris, Gif-ford Wallace, Howard Denny, Steven Huntley, Bernard Avery, and Willie Brown.

On December 6, 1982, plaintiffs moved for certification of a class of “all prisoners who are or will be confined in those facilities administered by the North Carolina Department of Correction and located in the administrative region designated South Piedmont Area. Prison units located in this area are: Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg I, Mecklenburg II, Piedmont, Rowan, Stanly, Union, Catawba, and Cleveland.”

A hearing was conducted on March 17, 1983, on the issues of mootness, intervention, and class certification. After consideration of numerous briefs filed by both sides, and arguments of counsel, the court decides as follows:

INTERVENTION OF GIFFORD WALLACE AND DEFENDANTS’ SUGGESTION OF MOOTNESS.

One of the seven proposed intervenors, Gifford Wallace, is currently housed in the Union County prison unit. F.R.Civ.P. 24(b) provides:

Upon timely application, anyone may be permitted to intervene in an action; ... (2) when an applicant’s claim or defense and the main action have a question of law or fact in common. ... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

Applicant Wallace raises the same claims of unconstitutional conditions of confinement that are alleged by the original plaintiffs, including but not limited to: overcrowding, inadequate screening, diagnosis and classification procedures, inadequate medical procedures and inadequate educational and vocational opportunities. The contention that the totality of conditions violates the prisoners’ constitutional and statutory rights involves precisely the same questions of law and fact that are involved in the claims of the plaintiffs.

Defendants argue that an intervenor should not be allowed to breathe life into a moot suit. Plaintiffs’ claims for injunctive and declaratory relief are moot because the plaintiffs are no longer subject to the conditions in the Union County prison unit. Inmates v. Owens, 561 F.2d 560 (4th Cir.1977).

While intervention can not be used to revive a suit, intervention may be treated as a separate action where there is an independent basis for jurisdiction and where failure to adjudicate would only result in unnecessary delay. Atkins v. State Board of Education of North Carolina, 418 F.2d 874, 876 (4th Cir.1969); Miller & Miller Auction, Inc. v. G.W. Murphy Industries, Inc., 472 F.2d 893, 895-6 (10th Cir.1973); Fuller v. Volk, 351 F.2d 323, 328-9 (3d Cir.1965); Hackner v. Guaranty Trust Co., 117 F.2d 95, 98 (2d Cir.), cert. denied, 313 U.S. 559, 61 S.Ct. 835, 85 L.Ed. 1520 (1941).

Gifford Wallace is housed in the Union County prison unit and has independent standing to bring this claim against defendants. Refusal to allow his intervention [532]*532would require the unnecessary expense and delay of filing a new suit and repeating the discovery completed to date.

No prejudice to the parties will result from allowing Wallace to intervene. Defendants have been on notice from the filing of the initial complaint in December, 1980, of the potential classwide liability for conditions of confinement. Hill v. Western Electric Co., Inc., 672 F.2d 381, 386 (4th Cir.1982); United Airlines v. McDonald, 432 U.S. 385, 395, 97 S.Ct. 2464, 2470, 53 L.Ed.2d 423 (1977). Rather than delaying resolution of the controversy, Wallace’s intervention will speed the adjudication of the legality of the ongoing conditions at the prison unit. No one suggests that plaintiffs or the putative class members will be prejudiced by a speedier resolution, and by the aid of competent counsel in the presentation of their claims.

Defendants argue that the motion to intervene is not timely. The critical issue with respect to timeliness is whether the motion was made as soon as it was clear that the interests of the unnamed class members would not be served by the named representative. Hill v. Western Electric Co., Inc., 672 F.2d at 386. The only reason suggested that Brooks and Wheeler would not adequately represent the class is that their claims are moot, and that mootness was created by the act of the defendants —the transfer of plaintiffs away from the Union County unit.

The mootness issue was first raised by defendants on June 28, 1982, in their answer to the amended complaint. The issue was never pressed until defendants filed a “Suggestion of Mootness” on September 27, 1982. The motion to intervene was filed December 6, 1982. The motion was filed within a reasonable time, well before a hearing was held on any of the jurisdictional claims or class certification issues. Certainly defendants have not been prejudiced by the time of filing because they have had an opportunity to brief thoroughly the issue of intervention and because they have been on notice about the claims involved for two years.

Accordingly, Gifford Wallace’s motion to intervene is allowed.

MOTION FOR CLASS CERTIFICATION.

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Bluebook (online)
97 F.R.D. 529, 36 Fed. R. Serv. 2d 525, 1983 U.S. Dist. LEXIS 17880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-ward-ncwd-1983.