Muhammad v. Carlson

845 F.2d 175, 1988 WL 36613
Court of Appeals for the Eighth Circuit·Decided April 26, 1988·No. No. 87-1137·Published·Cited by 12 cases

Opinion

MAGILL, Circuit Judge.

Imam ’Shahid Muhammad (“Muhammad”), a prisoner at the United States Medical Center for Federal Prisoners in Springfield, Missouri (“MCFP”), appeals the district court’s1 dismissal of his pro se complaint, arguing that medical regulations governing his placement in the AIDS2 unit at MCFP endowed him with a “liberty interest” under the Due Process Clause of the Constitution. Because we believe that Muhammad asserts an interest too insubstantial to trigger due process protection, we affirm the district court’s dismissal of his complaint.

I. BACKGROUND.

Muhammad, a prisoner at Leavenworth Federal Prison, was transferred to MCFP because he had lost coordination in his legs and right hand. Blood tests indicated that Muhammad had developed antibodies against the AIDS virus. Pursuant to the Bureau of Prison regulations (the “Operations Memorandum” and “Institution Supplement”), Muhammad was classified as Pre-ARC3 and was placed in the restricted [177] AIDS unit at MCPP without a hearing, where he was isolated from the general inmate population. Approximately seven months later, the Bureau of Prisons changed its regulations and released Muhammad and other restricted inmates back into the general prison population at MCFP.

Muhammad brought a pro se complaint, contending that his transfer to, and seven-month confinement in, the restricted AIDS unit violated his due process rights to a hearing, and stigmatized him. The district court found that the complaint failed to allege conduct rising to the level of a constitutional violation and dismissed the complaint. Although we recognize that Muhammad’s pro se pleadings are entitled to a liberal construction, we nevertheless hold that Muhammad’s due process claim fails as a matter of law, and was properly dismissed by the district court.

II. DISCUSSION.

We begin with the familiar proposition that a liberty interest protected by the Due Process Clause of the Fifth Amendment may arise from two sources — the Due Process Clause itself and laws of the United States. Cf. Hewitt v. Helms, 459 U.S. 460, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983); Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Muhammad does not contend that the Due Process Clause itself creates an interest in being confined in the general penitentiary population, nor do we believe he could. See Hewitt, 459 U.S. at 466-67, 103 S.Ct. at 868. Instead, he claims a liberty interest in prison medical regulations that establish procedures for the diagnosis, treatment and isolation of AIDS carriers.

This court’s decisions establish that a liberty interest may be created by prison regulations, Parker v. Corrothers, 750 F.2d 653, 656 (8th Cir.1984), if those regulations impose substantive criteria which limit or guide the discretion of prison officials. Id. By contrast, a liberty interest is not created by a regulation which accords prison officials “unfettered discretion,” Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 466, 101 S.Ct. 2460, 2465, 69 L.Ed.2d 158 (1981), or authorizes prison officials to act “for whatever reason or no reason at all.” Meachum v. Fano, 427 U.S. 215, 228, 96 S.Ct. 2532, 2540, 49 L.Ed. 2d 451 (1976).

Whether the regulation is intended to limit the decision-making of prison officials or merely sets forth procedural guidelines for the exercise of authority, depends in large part upon the language of the regulation at issue and the nature of the predicates, if any, for exercise of that authority. Use of language of an “unmistakably mandatory character, requiring that certain procedures ‘shall,’ ‘will,’ or ‘must’ be employed,” Hewitt, 459 U.S. at 471, 103 S.Ct. at 871, coupled with what the Supreme Court terms “specific substantive predicates,” id. at 472, 103 S.Ct. at 871, indicates an intent to trammel prison officials’ discretion, and thus creates a liberty interest entitled to some degree of constitutional protection. Id.

With these principles in mind, we turn to the regulations Muhammad claims give rise to a liberty interest. Muhammad first urges that he has a liberty interest in his Pre-ARC classification because the regulations in both the Operations Memorandum and the Institution Supplement set forth specific criteria which limit the action prison officials could take in testing for the AIDS virus, as well as in classifying and housing inmates based on the test results. Muhammad points to the following provisions, among others, to make his argument: (1) language in the Operations Memorandum which provides that “[t]esting for the [AIDS] antibodies shall be performed only when determined by the Chief of Health Programs to be clinically indicated”; (2) the definition of “Pre-ARC” in the Operations Memorandum, which specifies that individ[178] uals must “have a confirmed positive blood test for infection with the AIDS virus and have at least one symptom/sign” (emphasis in original); (3) language in the Operations Memorandum which states “Pre-ARC cases must be discussed with the Medical Director”; and (4) language in the Institution Supplement which provides “Pre-ARC’s * * * will ordinarily be transferred to [the restricted unit].” Muhammad argues this is language of an “unmistakably mandatory character,” Hewitt, 459 U.S. at 471, 103 S.Ct. at 871, which creates a liberty interest.

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Muhammad v. Carlson, 845 F.2d 175, 1988 WL 36613 (8th Cir. 1988).

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Muhammad v. Carlson
845 F.2d 175 (Eighth Circuit, 1988)