Bumgarner v. Bloodworth

768 F.2d 297
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 24, 1985
DocketNo. 84-2431
StatusPublished
Cited by10 cases

This text of 768 F.2d 297 (Bumgarner v. Bloodworth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bumgarner v. Bloodworth, 768 F.2d 297 (8th Cir. 1985).

Opinion

PER CURIAM.

Joseph L. Bumgarner appeals from the final judgment of the District Court1 for the Eastern District of Arkansas dismissing four actions. They include one habeas corpus petition, 28 U.S.C. § 2254, and three related 42 U.S.C. § 1983 claims. For reversal Bumgarner argues that the district court erred in dismissing the actions for failure to exhaust, for failure to state a claim and as frivolous. We affirm.

A detainer was filed against Bumgarner while he was an inmate of the United States Prison in Terre Haute, Indiana. He was transferred to Poinsett County Jail in Harrisburg, Arkansas, to stand trial for burglary and aggravated robbery. While he was in the county jail, Bumgarner was in an “open” cell on the same floor with one of his codefendants, Billy Caplinger. Bumgarner’s wife, a third codefendant, was in the same prison on another floor.

Caplinger and Mrs. Bumgarner were represented by Attorney Lohnes T. Tiner who is a defendant in one of the § 1983 actions. Bumgarner opted to proceed pro se in his defense to the charges. During the trial preparation Tiner took a sworn statement from Mrs. Bumgarner on behalf of Caplinger. Apparently Mrs. Bumgarner cooperated with Tiner in his defense of Caplinger.

Bumgarner alleged that, not knowing who was representing whom, nor the trial strategies of his codefendants, he gave information to his codefendants concerning the facts of the case, as well as the nature of his plan to defend himself. Bumgarner contends that this information was drawn from him in a fraudulent manner in a conspiracy to deny him a fair trial pursuant to the sixth amendment.

Shortly before the trial, Bumgarner was accused of offering a bribe to a jail trusty in exchange for a key to his cell. As a result, Bumgarner was placed in “deadlock” status (an isolated cell) until the end of his trial. Bumgarner alleges that as a result of his status his mail was intercepted and read (in order for the state to learn his legal defense), his telephone calls were monitored and recorded, and his visitation rights were revoked. Bumgarner contends these acts violated the eighth and sixth amendments to the United States Constitution.

A. Habeas Corpus Petition: Case # JC-84-90

The district court dismissed Bum-garner’s petition for a writ of habeas corpus because Bumgarner had not exhausted his state remedies. Bumgarner was sentenced in Arkansas to life in prison for his participation in a burglary and aggravated robbery. The conviction was affirmed on [300]*300appeal. Spears v. State, 280 Ark. 577, 660 S.W.2d 913 (1983).

Eight of Bumgarner’s grounds for a writ of habeas corpus were not raised on direct appeal, but were included in a subsequent “Petition for Writ of Error Coram Nobis.” The Arkansas Supreme Court treated the coram nobis petition as a petition for rehearing and denied it. In doing so, the court did not rule on the merits of the eight issues raised here, because issues first raised in a petition for rehearing will not be considered in connection with direct appeal. Therefore, the eight claims are unexhausted, and the State of Arkansas concedes that Bumgarner may file a post-conviction petition under Ark.R.Crim.P. 37 and raise these issues.

We agree with the district court’s dismissal. See Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982).

B. § 1983 Complaint Alleging Conspiracy to Deprive Mr. Bumgarner of a Fair Adversarial Trial: Case # J-C-84-61

Bumgarner filed a § 1983 complaint against attorney Tiner, prosecuting attorneys Burnett and Houston, codefendant Caplinger and codefendant and ex-wife Patty Bumgarner alleging that the defendants conspired to deny him his right to counsel. He contends that Caplinger and Mrs. Bum-garner were placed in proximity to him (same jail house, same floor) in order to coax his defense from him. He alleges that these conversations, while made on the representation that they were all “in the same boat” amounted to a violation of his sixth amendment right to counsel.

We disagree. In these circumstances, to show that the state violated his sixth amendment right to counsel, the petitioner must show that the state placed an informant in his proximity in order to gain incriminating information from him, and that he in fact divulged incriminating information without the assistance of counsel. See United States v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) (where government’s action of placing informant in same cell block in order to gain access to incriminating statements made by prisoner violated the defendant’s sixth amendment right to counsel).

Such is not the case here. Bumgarner has not alleged that he divulged privileged information that was used against him, see United States v. Zabel, 767 F.2d 928, 929 (8th Cir.1985) (per curiam), and the material available to us discloses none.

C. § 1983 Action for Being Placed in Isolation Prior to and During Trial: Case # J-C-83-115

Bumgarner filed a § 1983 action seeking damages for his being placed in “deadlock” cell status without a hearing or written reasons. Deadlock status is akin to isolation in that it involves incarceration in a private cell. A few days before trial, Bumgarner was alleged to have offered a prison trusty a large sum of money in exchange for a key to his cell. After his behavior was reported, Bumgarner was placed in “deadlock” in order to prevent a possible escape. The bribery charge was discussed with Bumgarner at a pretrial hearing on his criminal charge shortly before trial and the “deadlock” status was reported further to the state trial judge at commencement of the criminal trial. Bum-garner, of course, attended and participated in his trial with access to appointed standby counsel. However, he was not removed from “deadlock” until he was convicted and sentenced on July 16, 1982. Bumgarner claims that the isolation violated his sixth, eighth, and fourteenth amendment rights. We disagree and find no merit in Bumgarner’s contentions.

The United States Supreme Court has stated:

[w]e have repeatedly said both that prison officials have broad administrative and discretionary authority over the institutions they manage and that lawfully incarcerated persons retain only a narrow range of protected liberty interests. As to the first point, we have recognized [301]*301that broad discretionary authority is necessary because the administration of a prison is “at best an extraordinarily difficult undertaking.”

Hewitt v. Helms, 459 U.S. 460, 467, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983) (quoting Wolff v. McDonnell, 418 U.S. 539, 566, 94 S.Ct. 2963, 2979, 41 L.Ed.2d 935 (1974)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hughbanks v. Fluke
D. South Dakota, 2024
Payne v. Wyatt
M.D. Pennsylvania, 2023
Simpson v. Stafford 887
E.D. Missouri, 2021
Phelps v. U.S. Federal Government
15 F.3d 735 (Eighth Circuit, 1994)
Moore v. Branson
755 F. Supp. 268 (E.D. Missouri, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
768 F.2d 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bumgarner-v-bloodworth-ca8-1985.