Clark v. Brewer

776 F.2d 226, 1985 U.S. App. LEXIS 24468
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 30, 1985
DocketNos. 84-1281, 84-1354
StatusPublished
Cited by84 cases

This text of 776 F.2d 226 (Clark v. Brewer) 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
Clark v. Brewer, 776 F.2d 226, 1985 U.S. App. LEXIS 24468 (8th Cir. 1985).

Opinion

FAGG, Circuit Judge.

The State of Iowa appeals from the district court’s resolution of this 42 U.S.C. § 1983 action brought by Edward Clark, an inmate at the Iowa State Penitentiary. Clark cross-appeals on several issues. Except to the extent modified below, we affirm the decision of the district court.

The present action arises out of Clark’s segregation in close management status in the Iowa State Penitentiary (I.S.P.). Close management is a nonpunitive status of indefinite duration intended to segregate from the general penitentiary population inmates posing a security threat to the institution. Inmates who are placed in close management experience significantly harsher conditions and have fewer opportunities to participate in certain institutional programs (e.g., educational and work programs) than inmates that remain in the general penitentiary population.

Clark was initially segregated in close management in 1969. This segregation occurred after numerous disciplinary reports had been filed against Clark and most significantly after two separate incidents in which Clark killed both another inmate and a penitentiary guard. After approximately seven years in close management, Clark, in [229]*2291976, filed this section 1983 action challenging as unconstitutional his continued segregation from the general penitentiary population. As relief, Clark sought both money damages and release into the general penitentiary population. Since filing this action, Clark has been released from close management, and the issue of compensatory damages has been settled.

Although initially inclined to believe otherwise, we conclude that Clark’s release from close management and the settlement of his damage claims have not rendered this action moot. We believe that this action represents one of a narrow class of eases that by its nature is “capable of repetition, yet evading review.” See Murphy v. Hunt, 455 U.S. 478, 482, 102 S.Ct. 1181, 1183, 71 L.Ed.2d 353 (1982) (citation omitted), and Nebraska Press Association v. Stuart, 427 U.S. 539, 546, 96 S.Ct. 2791, 2796, 49 L.Ed.2d 683 (1976) (quoting Southern Pacific Terminal Co. v. Interstate Commerce Commission, 219 U.S. 498, 515, 31 S.Ct. 279, 283, 55 L.Ed. 310 (1911)). This exception is applicable (1) when the relatively short term nature of the challenged action prevents its full litigation prior to its cessation or expiration; and (2) when there exists a reasonable expectation that the same complaining party will again be subject to the same action. Murphy, 455 U.S. at 482, 102 S.Ct. at 1183; Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 348, 46 L.Ed.2d 350 (1975); Backus v. Baptist Medical Center, 671 F.2d 1100, 1103 (8th Cir.1982).

Although Clark’s initial segregation in close management occurred over a significant period of time, the focus of our analysis, with respect to the first prong of this two part test, is not on the length of time over which the particular action challenged occurred. “Rather, the proper inquiry is whether ‘the [challenged] activity is ‘by its very nature’ short in duration, ‘so that it could not, or probably would not, be able to be adjudicated while fully ‘live.’ ’ ” Conyers v. Reagan, 765 F.2d 1124, 1128 (D.C.Cir.1985) (emphasis in original) (quoting Finberg v. Sullivan, 634 F.2d 50, 55 (3d Cir.1980)); see also Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 563, 100 S.Ct. 2814, 2820, 65 L.Ed.2d 973 (1980); Nebraska Press Association, 427 U.S. at 547, 96 S.Ct. at 2797; Super Tire Engineering Co. v. McCorckle, 416 U.S. 115, 122, 94 S.Ct. 1694, 1698, 40 L.Ed.2d 1 (1974).

Close management as developed in Iowa satisfies this first requirement. In most cases, segregation in close management, while indefinite in length, lasts only a relatively short period of time. As a result, an inmate’s segregation will normally terminate and the inmate will be returned to the general penitentiary population long before a challenge to his segregation in close management can be litigated fully. Thus, because close management is by nature short in duration, a challenge to its use will generally avoid review by this court if the release of the inmate is found to moot his claim.

Further, with respect to the second prong of the “capable of repetition, yet evading review” test, a reasonable expectation exists that Clark will again be subjected to segregation in close management. See Murphy, 455 U.S. at 482, 102 S.Ct. at 1183. Since his release into the general penitentiary population, Clark has received a variety of disciplinary reports and has spent time both in punitive segregation and close management. At the time of this decision, Clark is again in punitive segregation, and upon his release, the parties agree it is a virtual certainty that Clark will be returned to close management. The likelihood of this action is further indicated by a penitentiary regulation which provides that “inmates completing disciplinary sanction for thirty (30) or more days will be automatically referred for close management upon completion of disciplinary sanction.” I.S.P. Close Management Policy at 3. We conclude Clark’s action is capable of repetition, yet evading review and thus is not moot. We turn then to the merits of Clark’s claim.

In this action, Clark does not challenge his original transfer to close management. [230]*230Rather, Clark asserts that once placed in close management, penitentiary officials were required to review his status periodically in order to determine whether he in fact continued to constitute a threat to the institution’s security. Underlying Clark’s claim is the related contention that inmates faced with indefinite segregation in close management have a liberty interest, protected by the due process clause of the fourteenth amendment, in remaining in or returning to the general penitentiary population.

The district court concluded that Clark did possess a constitutionally protected liberty interest. Clark v. Brewer, 578 F.Supp. 1501, 1505-06 (S.D.Ia.1983). In reaching this decision, the district court relied largely on state law as the source of that interest. We agree with the district court’s conclusion that a liberty interest does exist in this case. However, we reach our conclusion on a basis slightly more limited than that relied on by the district court.

Source of Clark’s Liberty Interest

As a general proposition, a liberty interest protected by the due process clause of the fourteenth amendment “may arise from two sources — the Due Process Clause itself and the laws of the States.” Hewitt v. Helms,

Related

Carr v. McKay
D. Idaho, 2025
Dutcher v. Foley
E.D. Missouri, 2025
Brathwaite v. Phelps
D. Delaware, 2023
Robert Westefer v. Michael Neal
682 F.3d 679 (Seventh Circuit, 2012)
Ringo v. Lombardi
677 F.3d 793 (Eighth Circuit, 2012)
Williams v. Hobbs
662 F.3d 994 (Eighth Circuit, 2011)
Robles v. Dennison
745 F. Supp. 2d 244 (W.D. New York, 2010)
Orr v. Larkins
610 F.3d 1032 (Eighth Circuit, 2010)
City of Dallas v. Woodfield
305 S.W.3d 412 (Court of Appeals of Texas, 2010)
Williams v. Lara
52 S.W.3d 171 (Texas Supreme Court, 2001)
Iowa Utilities Board v. FCC
Eighth Circuit, 2000
Robert Hickman v. State of MO
144 F.3d 1141 (Eighth Circuit, 1998)
Martinez v. Singletary
691 So. 2d 537 (District Court of Appeal of Florida, 1997)
Rodriguez v. Doe
919 F. Supp. 361 (D. Oregon, 1996)
Searcy v. Singletary
894 F. Supp. 1565 (M.D. Florida, 1995)
Oldham v. Chandler-Halford
877 F. Supp. 1340 (N.D. Iowa, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
776 F.2d 226, 1985 U.S. App. LEXIS 24468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-brewer-ca8-1985.