Fred M. Anderson and Wayne Nelson, Fred M. Anderson v. Thomas Coughlin, Commissioner, New York State Department of Corrections

700 F.2d 37, 35 Fed. R. Serv. 2d 1174, 1983 U.S. App. LEXIS 31031
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 26, 1983
Docket85, Docket 81-2429
StatusPublished
Cited by263 cases

This text of 700 F.2d 37 (Fred M. Anderson and Wayne Nelson, Fred M. Anderson v. Thomas Coughlin, Commissioner, New York State Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fred M. Anderson and Wayne Nelson, Fred M. Anderson v. Thomas Coughlin, Commissioner, New York State Department of Corrections, 700 F.2d 37, 35 Fed. R. Serv. 2d 1174, 1983 U.S. App. LEXIS 31031 (2d Cir. 1983).

Opinions

CARDAMONE, Circuit Judge:

While the issue before us — did a 12-hour “keeplock” in a maximum security state prison violate plaintiff-inmates’ civil rights — is simply stated, its resolution is more complex and requires detailed analysis. Plaintiffs Fred M. Anderson and Wayne Nelson instituted this action against defendant Thomas Coughlin, Commissioner of the New York State Department of Corrections, for defendant’s alleged violation of plaintiffs’ civil rights in having ordered plaintiff-prisoners confined to their cells in the Great Meadow Correctional Facility on May 21, 1981 for “no reason” and without affording them “equal protection or procedural due process." Anderson appeals pro se from an order of the United States District Court for the Northern District of New York (Munson, J.) dated October 19, 1981 which dismissed the complaint. We affirm the district court’s dismissal.

I

In May 1981 New York State Correction Officer Donna Payant became the first female prison guard murdered while on duty. Her death occasioned extensive publicity within the State. Commissioner Coughlin issued a directive calling for a statewide cell confinement of inmates (known as a “keep-lock” or “lockdown”) so that correction officers throughout the State1 could attend Payant’s funeral on May 21, 1981.

On May 20, 1981 suit was brought in the United States District Court for the Southern District of New York by an inmate seeking to prevent the confinements authorized by Coughlin. Flaherty v. Coughlin, (S.D.N.Y. May 20, 1981). Late that afternoon District Judge Sweet held a hearing at which he enjoined the Commissioner “from instituting a keeplock except on an institution-by-institution basis arising out of emergency conditions or jeopardy to the safety or security of the [particular] institution” resulting from lack of sufficient personnel. He also ordered that officials attempt to minimize the necessity for general lockdowns. Accordingly, on the day of the funeral inmates were confined to their cells at only three of the State’s 33 correctional facilities — the maximum security prison at Green Haven (site of the murder), the maximum security prison at Great Meadow and the medium security prison at Bayview.

For having been confined to their cells during the 12-hour keeplock at Great Meadow on May 21st plaintiffs instituted a pro se action each seeking $1000 in damages for violation of their civil rights, presumably under 42 U.S.C. § 1983. Their complaint was sent directly to Magistrate Conan in accordance with 28 U.S.C. § 636(b) and Rule 43(c)(4) of the General Rules for the Northern District of New York. The Magistrate ordered it filed as of June 16, 1981, granted plaintiffs leave to proceed in forma pauperis and ordered that service of process should issue without payment of fees. On June 30 plaintiffs filed a motion for summary judgment together with a supporting memorandum of law, which was denied as untimely by the Magistrate because defendant had not yet been served. Plaintiffs then amended their complaint to include reference to Fifth Amendment due process in addition to the previously asserted Fourteenth Amendment due process claim. Defendant sought and was granted a 30-day extension to respond to the complaint. In the meanwhile plaintiffs filed a motion for default judgment which was denied on the basis of the 30-day extension.

On July 21 defendant made a motion to dismiss the complaint under Fed.R.Civ.P. 12(b) for failure to state a claim upon which [40]*40relief may be granted. This motion was accompanied by an affidavit of Assistant Attorney General Mary Bisantz indicating that the keeplock was imposed for “non-punitive, administrative reasons occasioned by temporary lack of sufficient correctional personnel to staff the facility on that day.” Magistrate Conan issued a report recommending that the defendant’s motion be granted and the complaint dismissed. He explained that it is within the prison administration’s discretion to determine whether departure of the guards created a sufficient security risk to require limited keeplock. Since the keeplock was a “one-time occurance [sic] ... prompted by the guards attending a funeral service,” he found that sufficient justification existed for the administrative decision made at Great Meadow.

The Magistrate’s Report-Recommendation was delivered to plaintiffs on September 28, 1981. Nelson filed an Affirmation in Opposition to the Report on October 2, along with a Demand for Jury Trial. Nelson’s objections to the Report amounted to a conclusory denial of “each and every justification given” for dismissal, and repetition of the basis of his complaint, i.e., that plaintiffs were not afforded due process before being locked-down for the day. On October 8 Anderson filed a motion to compel the defendant to answer proffered interrogatories; his papers did not contain objections to the Magistrate’s Report. Chief Judge Munson reviewed the entire record and issued an order on October 20 approving the Magistrate’s Report-Recommendation, granting defendant’s motion to dismiss the complaint and dismissing all other motions as moot. Anderson timely filed a notice of appeal and a motion for leave to proceed in forma pauperis and for appointment of counsel on appeal. In the latter document he alleged that he was unable to respond to the Magistrate’s Report because he was “ ‘in transit’ as a Federal Prisoner.”

II

The only legal issue is whether the district court properly dismissed the complaint. A complaint should not be dismissed for failure to state a claim under Fed.R.Civ.P. 12(b)(6) “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45 — 16, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957). A 12(b)(6) motion is addressed to the face of the complaint; a court ruling on a 12(b)(6) motion that wishes to consider matters outside the complaint in determining whether to dismiss may treat the motion as one for summary judgment under Rule 56, provided the parties are given notice that summary judgment is being considered and afforded reasonable opportunity to present pertinent material in response. See Fed.R.Civ.P. 12(b).

Looking just at the allegations of the complaint we cannot say that plaintiffs could under no circumstances prove that their constitutional rights were violated. If the Commissioner had personally singled plaintiffs out and for no reason whatever locked them in their cells for a day, they might be able to sustain their claim. The district court did not, however, view the complaint in a vacuum when it issued its dismissal order. Even though the October 20 order approves the Magistrate’s Report which cites Rule 12(b)(6) as a recommended basis for dismissal, Judge Munson explicitly mentions that he made his ruling “[a]fter careful review of all the papers” contained in the record.

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Cite This Page — Counsel Stack

Bluebook (online)
700 F.2d 37, 35 Fed. R. Serv. 2d 1174, 1983 U.S. App. LEXIS 31031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-m-anderson-and-wayne-nelson-fred-m-anderson-v-thomas-coughlin-ca2-1983.