Donald Pearson v. Michael Fair

980 F.2d 37, 1992 WL 341803
CourtCourt of Appeals for the First Circuit
DecidedNovember 24, 1992
Docket92-1043
StatusPublished
Cited by43 cases

This text of 980 F.2d 37 (Donald Pearson v. Michael Fair) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald Pearson v. Michael Fair, 980 F.2d 37, 1992 WL 341803 (1st Cir. 1992).

Opinion

TORRUELLA, Circuit Judge.

In this appeal, we review whether the district court erred in finding that plaintiffs — six inmates who are committed as sexually dangerous persons 1 at the Treatment Center for sexually dangerous persons at the Massachusetts Correctional Institute in Bridgewater (the Treatment Center) — were not “prevailing parties” entitled to attorney’s fees under 42 U.S.C. § 1988.

I

Since 1974, isolation of inmates at the Treatment Center has been governed by a *39 Consent Decree and a Supplemental Consent Decree entered- by Judge Wyzanski in King v. Greenblatt, C.A. No. 72-788-MA. 2 See generally King v. Greenblatt, 489 F.Supp. 105 (D.Mass.1980). The Supplemental Consent Decree provided inter alia

1. Defendants [the Commissioner of the Department of Mental Health; the correctional officers at the Treatment Center and the Superintendent of the Correctional Institute at Bridgewater] shall not use or permit the use of discipline or punishment....
2. To the extent patients at said Treatment Center are sequestered or segregated by themselves in rooms or cells used at least in part to isolate patients for behavior defendants deem inappropriate and unacceptable,
(a) such sequestering or segregation shall be effected in conformity with minimum standards of procedural due process, including notice of the kinds of behavior which may lead to sequestering, notice of particular charges or complaints of such behavior, an opportunity to be heard and confront such charges or complaints and present evidence in rebuttal, a hearing before persons other than the complainant, and notice and a written record of disposition sufficient to permit administrative review;
(b) such sequestering or segregation shall be in locations which conform to minimum standards of human decency....

The consent decree did not require the defendants to adhere to specific or detailed policies governing isolation at the Treatment Center. However, defendants adopted certain isolation policies and procedures, none of which were specifically ordered or approved by the district court. Pearson I, 808 F.2d at 165.

A. Pearson I

In December of 1981, six inmates 3 at the Treatment Center filed a pro se civil complaint seeking to have defendants 4 held in contempt of court for their alleged violations of the King decrees. In January of 1981, the plaintiffs, represented by court-appointed counsel, filed an amended complaint seeking as a matter of federal law the imposition of detailed policies governing isolation at the Treatment Center and injunctive relief requiring the defendants to comply with the King consent decrees. The amended complaint also requested that the defendants be found in contempt and sought related sanctions.

From 1982 to 1986, plaintiffs brought various motions seeking, among other things, that defendants be bound to follow their own isolation policies and the enforcement of the terms of the King consent decrees. Plaintiffs also claimed that defendants’ isolation policies and procedures violated the equal protection and due process clauses of the United States Constitution because they failed to comply with Massachusetts’ seclusion and restraint law. 5 As a result of the request for injunctive relief, defendants were forced to comply with the stipulation in the King consent decrees which provided for a hearing before continuing the sequestration of patients. 6

*40 On November 19, 1985, following extensive settlement discussions between the parties and a suggestion by the district court at a status conference, defendants filed “Revised Policies and Procedures” (Revised Policies) for the isolation of inmates at the Treatment Center.

On April 4, 1986, the district court issued a final order ordering inter alia that defendants in all future isolations at the Treatment Center comply with the King consent decrees and the Revised Policies. Defendants appealed. In Pearson I, we vacated the district court’s order. We concluded that the district court had disposed of the merits of the controversy without the benefit of an evidentiary hearing and had failed to make the necessary findings to conclude that, as a matter of federal law, the defendants were bound by the Revised Policies. The case was remanded and reassigned to Judge Young. 7

B. Pearson II

Between July and December 1988, plaintiffs sought preliminary injunctive relief against the repeated isolations of plaintiff Calvin Tate.

On July 12, 1988, plaintiffs sought preliminary injunctive relief seeking plaintiff Tate’s immediate release on the ground that he was sequestered in a manner which violated the King decrees and the Revised Policies. On July 28, 1988, Judge Young denied that motion without prejudice to its renewal after August 15, 1988, if plaintiff Tate had not been released from seclusion by that time. Although Judge Young found that plaintiff Tate had “shown a reasonable likelihood of success in proving that the Revised Policies and Procedures embody the procedural due process standards to which Tate is entitled under the

King decrees,” and that the defendants were violating the King decrees, he concluded that the public interest — the defendants’ good faith belief that plaintiff Tate was a danger to himself and others — outweighed the injuries plaintiff Tate suffered from sequestration.

It was not long before plaintiffs returned to the district court. On August 17, 1988, they renewed their motion for injunctive relief seeking the release of plaintiff Tate from isolation and that the defendants refrain from sequestering any patient at the Treatment Center except in compliance with the King decrees and the Revised Policies. Plaintiffs further requested inter alia that the district court order

(1) the defendants to give a patient facing sequestration one hour prior written notice detailing the alleged behavior that led to the sequestration sanction;
(2) that any person on the Special Clinical Staff Conference (“SCSC”) [the Committee which made the decisions to isolate inmates] be a licensed psychiatrist;

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Bluebook (online)
980 F.2d 37, 1992 WL 341803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-pearson-v-michael-fair-ca1-1992.