Miller v. Dept. of Correction

CourtCourt of Appeals for the First Circuit
DecidedJuly 14, 1993
Docket91-2183
StatusPublished

This text of Miller v. Dept. of Correction (Miller v. Dept. of Correction) 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
Miller v. Dept. of Correction, (1st Cir. 1993).

Opinion

USCA1 Opinion


July 14, 1993 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

___________________

No. 91-2183

SHERMAN MILLER,

Plaintiff, Appellant,

v.

DEPARTMENT OF CORRECTION, ET AL.,

Defendants, Appellees.

__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge]
___________________

___________________

Before

Selya, Cyr and Boudin,
Circuit Judges.
______________

___________________

Sherman Miller on brief pro se.
______________
Scott Harshbarger, Attorney General, and Timothy A. Mullen,
_________________ _________________
Assistant Attorney General, on brief for appellees.

__________________

__________________

Per Curiam. Pro se plaintiff Sherman Miller appeals
Per Curiam.
__________ ___ __

from a district court judgment for the defendants in this 42

U.S.C. 1983 action. For the reasons discussed below, we

affirm.

I
I

Miller is sixty-five years old. For most of the past

fifteen years, he has been a resident of the Treatment Center for

Sexually Dangerous Persons located in Bridgewater, Massachusetts

(hereinafter: "Treatment Center" or "BTC"). Following a 1978

conviction for rape, Miller was committed to the BTC pursuant to

a Suffolk Superior Court order adjudicating him a Sexually

Dangerous Person ("SDP") pursuant to M.G.L. c. 123A, 6 (re-

pealed) and directing that he "be voluntarily committed to the
___________

Treatment Center . . . ." (emphasis supplied). In 1984, Miller

commenced this civil rights action. The amended complaint sought

declaratory and injunctive relief and damages for alleged consti-

tutional deprivations attending his confinement at the BTC. All

named defendants are state officials formerly responsible for

operations at the BTC.1 Although the amended complaint asserted

seven claims, only two are implicated by this appeal. Miller's

first claim alleged that the defendants violated his constitu-

tional right of access to the courts by maintaining an inadequate

____________________

1The defendants are former Department of Corrections Commis-
sioner Michael Fair, Charles Gaughan (former Superintendent of
the Massachusetts Correctional Institution at Bridgewater), James
Callahan (former Commissioner of the Department of Mental
Health), Richard Boucher (former Administrator of the BTC) and
Mildred Gil (law librarian at the BTC).

2

law library and restricting library access. The other surviving

claim alleged that the defendants violated Miller's constitution-

al right to rehabilitative treatment. Miller alleged that the

defendants failed to develop an individual treatment plan ("ITP")

for him although he believed such plans had been developed for

other BTC patients and that the denial of an ITP violated his

right to due process and equal protection under the Fourteenth

Amendment.2 He sought injunctive relief requiring defendants to

develop an ITP which would afford him a realistic opportunity to

improve his mental condition, and requiring defendants to afford

him adequate access to the BTC law library.

On December 10, 1985, the district court granted a

preliminary injunction on Miller's "access to the courts" claim.

The order required the defendants to obtain certain additional

volumes for the law library and to ensure that Miller receive

reasonable photocopying services. Miller's criminal sentence

expired on May 8, 1989. No significant judicial proceedings took

place thereafter until the case was called for trial in January

1991. Relying on the expiration of his criminal sentence, Miller

sought release from the BTC by instituting a state-court habeas

corpus proceeding. On March 20, 1991, the superior court ruled

that Miller had been involuntarily committed to the Treatment
_____________

Center and, therefore, was not entitled to release until such

time as his adjudication as a SDP was revoked under M.G.L. c.

____________________

2Miller alleged that the defendants discriminated against
him because of his unique "voluntary" commitment status and that
the BTC maintained that Miller's right to participate in its
programs was inferior to that of involuntarily committed BTC
patients.

3

123A, 9.3 Thus, but for his status as a SDP, Miller would be

a free man. Nevertheless, he has never submitted an administra-

tive request for release or reclassification.

Miller's 1983 action was called for trial in January

1991. Both sides sought a continuance; the BTC had lost its case

file and Miller required further discovery. The district judge

continued the trial to April but warned that belated dispositive

motions would not be allowed to delay the trial further. Four

days before the rescheduled trial, defendants filed a motion to

dismiss or for summary judgment, based on this court's March 22,

1991 decision in Langton v. Johnston, 928 F.2d 1206 (1st Cir.
_______ ________

1991). Langton resolved an appeal from a class action, Bruder v.
_______ ______

Johnston, brought on behalf of all patients civilly committed to
________

the BTC.4 The Langton plaintiffs sought to have the defendants
_______

all of them state officials responsible for operations at the

BTC held in contempt of certain consent decrees requiring the

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