Del Raine v. Carlson

153 F.R.D. 622, 1994 U.S. Dist. LEXIS 8321, 1994 WL 80727
CourtDistrict Court, S.D. Illinois
DecidedMarch 8, 1994
DocketCiv. No. 79-2340
StatusPublished
Cited by4 cases

This text of 153 F.R.D. 622 (Del Raine v. Carlson) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Del Raine v. Carlson, 153 F.R.D. 622, 1994 U.S. Dist. LEXIS 8321, 1994 WL 80727 (S.D. Ill. 1994).

Opinion

ORDER

COHN, United States Magistrate Judge.

Pursuant to 28 U.S.C. § 636(c), the parties have consented to final entry of judgment by a United States Magistrate Judge. An Order of Reference was entered by Judge James L. Foreman on May 30, 1980.

Plaintiff, an inmate at the United States Penitentiary-Marion, filed a mixed habeas and Bivens action against correctional officials for the administrative transfer of the plaintiff on June 14,1973. This original complaint was docketed as Civil No. 73-142. On June 27, 1974, Judge James L. Foreman entered an Order disposing of the habeas claims which was appealed to the Seventh Circuit on July 24, 1974. This matter was then remanded on February 21, 1979, with instructions to consider the damages portion of the cause of action. On remand, the cause of action was redocketed as Civil No. 79-2340.

This matter is before the Court in response to the Court’s Order of February 22, 1993, which directed the parties to file memorandum addressing the issues set forth in the Seventh Circuit’s Remand Order Del Raine v. Carlson, 826 F.2d 698 (7th Cir.1987). The Court will rule on these issues without further hearing.

Twenty-one years ago, Ronald Del Raine filed suit against a number of prison officials for events which occurred in 1972. Many judicial officers within the Seventh Circuit have dealt with this matter in one form or another. Initial errors in treatment of this case, compounded with lengthy judicial delay and insufficient service of process, have delayed a hearing on the merits of Del Raine’s claim for more than two decades. This matter is now before the Court pursuant to Circuit Rule 36 and the merits and service of process issues will herein be addressed. Unfortunately, it has taken this long for a court to rule that service of process with regard to a majority of defendants was never completed, and that the doctrine of qualified immunity applies to the issue of administrative placement of the plaintiff in the federal prison at Marion. Finally, the Court notes that the lone defendant served in a timely manner was not personally involved in any of the alleged unconstitutional acts.

I.

Facts

For purposes of clarity, this Court reproduces the facts verbatim as stated by Judge Posner in Del Raine v. Carlson, 826 F.2d 698, 701-02 (7th Cir.1987).

Ronald Del Raine murdered two policemen in the course of a bank robbery and in 1968 was sentenced to 199 years in prison. In 1972, while in the federal prison in Leavenworth, Kansas, Del Raine was [625]*625placed in solitary confinement without a hearing, as a suspected ringleader of a prison strike by Mexican-American prisoners, though Del Raine is not Mexican-American. He was shortly transferred to a segregated facility in the federal prison in Springfield, Missouri, and then to the “control unit” at Marion federal prison in Illinois. Marion’s control unit is the highest-seeurity facility in the United States, and its inmates live virtually in solitary confinement.
In 1973, while at Marion, Del Raine filed the present suit, in the Southern District of Illinois, against the head of the federal prison system (Norman Carlson) and a number of other prison officials. The suit asked that he be released from segregation, that the order placing him in segregation be deleted from his prison record (“ex-pungement”), and that damages be awarded for the period that he had already spent in segregation. The district judge ruled that service on the U.S. Attorney “shall constitute sufficient service on the respondents,” and the U.S. Attorney was duly served on June 20,1973, six days after the filing of the complaint. In 1974 Del Raine’s case was tried, and the judge ruled that Del Raine was entitled to a hearing on the propriety of his confinement to segregation as a disciplinary measure. The judge did not address the issues of ex-pungement and damages. Rather than hold the hearing the prison authorities released Del Raine from segregation.
Del Raine appealed from the district judge’s failure to grant him any relief on his requests for expungement and damages. For reasons unknown the processing of the appeal was long delayed, but in 1979, in an unpublished order, we remanded the case with directions that the district court consider Del Raine’s request for ex-pungement and damages. On remand the case was assigned to a magistrate. There was additional unaccountable delay but trial was finally scheduled for October 3, 1983. With only three weeks to trial, the U.S. Attorney unexpectedly moved to withdraw from representing the defendants in their personal as distinct from official capacities, on the ground that he had never been authorized to represent them in their personal capacities. It took 10 months for the magistrate to rule on the motion, but on July 18, 1984, he granted it. On July 31 he ordered Del Raine to [personally] serve his complaint on the defendants within 60 days.
Del Raine tried. He knew only Carlson’s address, and he tried to serve Carlson by mail, but Carlson failed to acknowledge service. Del Raine then managed to have him served personally. He also served interrogatories on Carlson seeking the addresses of the other defendants. Carlson answered these interrogatories, but not until May 31, 1985. On June 19 Del Raine moved for an extension of time within which to serve the remaining defendants and for an order that the U.S. Marshals Service serve them. The magistrate granted the latter request but did not rule on the former. Del Raine delivered copies of the summons and complaint to the Marshals Service forthwith, but the Service took its time about serving them on the defendants. The first of the twelve remaining named defendants was not served until November 13, 1985, the sixth not till January 2, 1986. Four summonses were returned unexecuted and Del Raine apparently never requested service on the last two defendants.
In March 1986 the U.S. Attorney— whom the seven served defendants had by now asked to defend them in their personal as well as official capacities — filed a motion to dismiss or (alternatively) for summary judgment, which the magistrate granted, primarily on the ground that Del Raine had failed to make timely service on the defendants. Del Raine has again appealed.

II.

Procedural History

In 1987, the Seventh Circuit Court of Appeals reversed and remanded a magistrate judge’s grant of summary judgment for the defendant prison officials on the grounds that the magistrate judge did not adequately examine whether Del Raine demonstrated “good cause” under Federal Rule of Civil Procedure 4(j) for failing to serve the defen[626]*626dant’s within 60 days of the magistrate’s order. Del Raine, 826 F.2d at 707. Judge Posner instructed the magistrate judge to consider on remand, among other points, five issues in determining whether Del Raine established good cause, and plaintiffs failure to exercise proper diligence in serving the defendants after the magistrate judge so ordered. On remand, the magistrate judge held that since Del Raine failed to effect service within the critical 60 day period, he did not meet his burden of good cause. The magistrate judge then dismissed the ease.

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Related

City of Merced v. Fields
997 F. Supp. 1326 (E.D. California, 1998)
Ronald Del Raine v. Norman A. Carlson
77 F.3d 484 (Seventh Circuit, 1996)
Del Raine v. Williford
32 F.3d 1024 (Seventh Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
153 F.R.D. 622, 1994 U.S. Dist. LEXIS 8321, 1994 WL 80727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-raine-v-carlson-ilsd-1994.