John Hurney v. Norman Carver

602 F.2d 993, 1979 U.S. App. LEXIS 13396
CourtCourt of Appeals for the First Circuit
DecidedJuly 5, 1979
Docket78-1550
StatusPublished
Cited by77 cases

This text of 602 F.2d 993 (John Hurney v. Norman Carver) 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
John Hurney v. Norman Carver, 602 F.2d 993, 1979 U.S. App. LEXIS 13396 (1st Cir. 1979).

Opinions

COFFIN, Chief Judge.

Appellant, a state prisoner proceeding pro se, appeals from the dismissal of his civil rights complaint, 42 U.S.C. § 1983, for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). The complaint alleges that appellant was denied due process during two disciplinary proceedings because his requests for legal assistance and for leave to call witnesses (or alternatively to submit statements from witnesses) were denied and because he was placed in solitary confinement for three days in violation of prison regulations. With respect to his solitary confinement and requests for legal assistance, we affirm the decision of the district court on the grounds stated in the court’s thoughtful opinion. The denials of appellant’s requests to call witnesses or submit written statements will be the focus of this opinion.

Appellant’s verified complaint alleges that on May 19, 1978, he was transferred from the general prison population to segregation. The next day he received a disciplinary report charging him with disobeying a corrections officer and disruptive conduct and describing the two incidents out of which the charges stemmed. On May 31, appellant was brought before the disciplinary board for a hearing at which he requested permission to call witnesses or, alternatively, to submit written statements from witnesses. These requests were denied by the chairman, who did not state his reasons for the denial. The chairman read the disciplinary report, noted appellant’s plea of not guilty, accepted the disciplinary report as true, found appellant guilty, and sentenced him to thirty days isolation and ninety days loss of good time credits. Appellant appealed to the superintendent of the prison, which appeal was subsequently denied.

On June 5, 1978, appellant, apparently having been returned to the general population, received another disciplinary report, this time charging him with encouraging a riot, making threats, and conduct disruptive of security, and, again, describing the offending incident. Three days later, appellant was transferred to segregation. On June 20, he received notice that a disciplinary hearing was scheduled for Juné 22. At the hearing appellant requested that an inmate witness, who also was in segregation and who, he maintained, “clearly [would present] no rational threat to the good order and security of the institution if allowed to testify on [appellant’s] behalf” be allowed to attend. This request, along with appellant’s request for staff legal assistance, were denied by the chairman, on the grounds that they were “irrelevant”. Appellant pleaded not guilty, but the board, “[b]ased upon [the] disciplinary report and no additional evidence offered”, found him guilty and sentenced him to fifteen days in [995]*995isolation. An appeal was filed with the superintendent which was still pending when this suit was commenced.

Prison regulations permit inmates to call witnesses, if it “will not be unduly hazardous to institutional safety or correctional goals”, and to present “relevant, noncumulative documentary evidence” in their defense. The district court stated that “[presumably, [appellant’s] requests were denied for . . . reasons [consistent with these regulations]” and that the regulations conformed with the due process requirements for disciplinary hearings established in Wolff v. McDonnell, 418 U.S. 539, 566, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Furthermore, the court reasoned, since neither Wolff nor the regulations required the disciplinary board to state its reasons for denying a request to call witnesses, the fact that the board did not do so at the first hearing did not constitute grounds for relief under section 1983. The court dismissed the complaint with prejudice.

In Wolff v. McDonnell the Supreme Court outlined the due process rights which an inmate, facing sanctions such as solitary confinement or loss of good time credits, may have. Among them is the right to call witnesses and present documentary evidence in his defense at disciplinary hearings “when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals.” 418 U.S. at 566, 571 n. 19, 94 S.Ct. at 2979; accord, Baxter v. Palmigiano, 425 U.S. 308, 320-21, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976). Because calling or gathering statements from witnesses may cause disruption or interfere “with the swift punishment that in individual cases may be essential to carrying out the correctional program of the institution, . [p]rison officials must have the necessary discretion to keep the hearing within reasonable limits and to refuse to call witnesses that may create a risk of reprisal or undermine authority, as well as to limit access to other inmates to collect statements or to compile other documentary evidence.” Wolff, 418 U.S. at 566, 94 S.Ct. at 2979-80. The Court also held that a disciplinary board need not state its reason for “refusing to call a witness, whether it be for irrelevance, lack of necessity, or the hazards presented in individual cases”, but urged the board to do so. Id.

To state a claim, then, which will survive a Rule 12(b)(6) dismissal, it is not sufficient merely to allege that complainant’s requests to call witnesses or submit written statements at a prison disciplinary hearing were denied, even if it is additionally alleged that the disciplinary board did not express its reasons for the denial. To state a valid claim, it must be alleged that the inmate’s requests were denied for reasons not having to do with institutional security or correctional goals, and that the prison officials, in ruling as they did, clearly abused their considerable discretion in such matters. Wolff v. McDonnell, supra, 418 U.S. at 566-67, 94 S.Ct. 2963. See Hayes v. Walker, 555 F.2d 625, 629-30 (7th Cir.), cert. denied, 434 U.S. 959, 98 S.Ct. 491, 54 L.Ed.2d 320 (1977).

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Bluebook (online)
602 F.2d 993, 1979 U.S. App. LEXIS 13396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-hurney-v-norman-carver-ca1-1979.