O'Bar v. Pinion

953 F.2d 74, 1991 U.S. App. LEXIS 28437, 1991 WL 253871
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 4, 1991
DocketNo. 91-7526
StatusPublished
Cited by1 cases

This text of 953 F.2d 74 (O'Bar v. Pinion) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Bar v. Pinion, 953 F.2d 74, 1991 U.S. App. LEXIS 28437, 1991 WL 253871 (4th Cir. 1991).

Opinion

OPINION

NIEMEYER, Circuit Judge:

When Paul Brendan O’Bar, a North Carolina inmate, was removed from a work release program and placed in administrative segregation by state officials, he sued the officials in their individual capacities under 42 U.S.C. § 1983 (1988), based on allegations that their actions were prompted by the complaint of a member of the public and not by any disciplinary infraction. He contended that the actions taken by state officials 1) denied him equal protection of the laws in violation of the Fourteenth Amendment, 2) denied him a liberty interest without due process in violation of the Fourteenth Amendment, 3) subjected him to cruel and unusual punishment in violation of the Eighth Amendment, and 4) denied him the right to work and enjoy the fruits of his labor in violation of the North Carolina Constitution. O’Bar was serving a six-year sentence for the multiple stabbing of his former girlfriend and, less than six months after the stabbing, had been placed on work release within five miles of the victim’s home. When the girlfriend’s mother wrote to state officials to complain and express fear, an investigation was undertaken which resulted in O’Bar’s reclassification.

The North Carolina state officials filed a motion for summary judgment on the substantive issues, in which they also claimed official immunity. O’Bar filed a cross motion for summary judgment. On January 10, 1991, the district court entered three interlocutory orders granting the summary judgment motion of the North Carolina state officials on the Eighth Amendment claim; granting O’Bar’s summary judgment motion on the equal protection claim with respect to defendant Joseph Hamilton, who made the operative decisions for the state; directing that the equal protection claim be scheduled for trial on the issue of damages; and denying all other motions for summary judgment. The North Carolina state officials appealed, basing appellate jurisdiction on the district court’s denial of their immunity defenses under Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). See Mitchell v. Forsyth, 472 U.S. 511, 526-27, 105 S.Ct. 2806, 2815-16, 86 L.Ed.2d 411 (1985) (holding that order denying qualified immunity is a final decision under 28 U.S.C. § 1291). For the reasons that follow, we reverse and remand for the entry of judgment dismissing all claims.

[77]*77I

In the early morning of September 14, 1987, in Charlotte, North Carolina, when Julie Riggs told O’Bar that she wanted to break off their relationship, O’Bar stabbed her with a butcher knife about the head, chest and back over thirty times, inflicting nine potentially fatal wounds. As he stabbed her, he stated, “I love you so much, but I just can’t live without you and I’d rather meet you in hell than to be without you so I am going to meet you in hell.” Two months later, on November 17, 1987, O’Bar pled guilty in the Superior Court of Mecklenburg County to assault with a deadly weapon with the intent to kill and was sentenced to six years imprisonment. Shortly after O’Bar’s conviction the Office of the District Attorney for Meck-lenburg County notified the North Carolina Parole Commission that O’Bar had been “identified for special prosecutorial effort and is considered to be one of the 10 percent of our most active offenders with the highest potential to recidivate.” John Wolfe, the prosecutor in the case, also wrote on December 8, 1987:

This office and the citizens of Mecklen-burg County oppose anything that would allow this man’s release prior to his max-out date. This is not the first time O’Bar has attacked this woman and I have no doubt he will try to kill her again. I realize, of course, that you have no control or responsibility for his actions upon his release, I am just asking you to delay his release as long as possible to allow Miss Riggs (the victim in this case) to establish a new life some place else.

Attached to this letter was a letter from the victim, Julie Riggs, explaining her concerns about O’Bar based not only on the most recent attack but also on a previous occasion on which he had threatened her with a knife. Riggs requested that he serve as much of his sentence as possible to allow her time to relocate.

A few months later, in February 1988, the.victim’s mother, Elizabeth Riggs, also wrote to the Parole Commission imploring them not to release O’Bar. She wrote:

My daughter Julie was nearly murdered by Paul O’Bar on September 14, 1987, during a seven-minute attack which took place in his house and in the gutter and front yard of a house six or seven houses down the street from his house.
This attack is the second attempt on my daughter’s life by Paul O’Bar, with a knife as a weapon. The first incident took place a year ago.
Please, please do not recommend Paul O’Bar for early release-parole. He is 6' 5" tall and weighs nearly 200 pounds. He has a very high I.Q. My daughter Julie is 5' 8%' tall, and weighs 111 pounds. She is only alive by the grace of God, and because she fell into the yard of an offduty police officer’s, who subsequently heard her cries for help and fired shots at Paul O’Bar as he was “finishing her off.”
$ * * sjt * *
I implore you to do what you can to help Julie stay alive, by helping keep Paul O’Bar in prison the entire six years of his sentence.

The various letters from the Mecklen-burg County District Attorney’s Office, Julie Riggs, and Elizabeth Riggs were received by the Parole Commission and placed in O’Bar’s file located in the Combined Records Section of the Department of Correction in Raleigh.

O’Bar was originally incarcerated at the Alexander Correctional Center in Taylors-ville, North Carolina. When he was transferred to Iredell Correctional Center in Statesville, North Carolina, the administrator there, J.C. Pinion, who was facing pressures to meet work release quotas, reviewed O’Bar’s local file to determine whether he should be placed on work release. At the time of Pinion’s review, however, the file consisted only of a locally produced computer printout stating that O’Bar had no prior convictions and that he was sentenced to the relatively short term of six years. Pinion made no attempt to obtain and review the information contained in the central file in Raleigh. Based on the limited information, Pinion recommended that O’Bar be placed on work re[78]*78lease. On March 10, 1988, O’Bar began participating in work release at a service station in Charlotte, approximately five miles from the home of his victim, Julie Riggs. He worked at the station without incident until April 11, 1988, when he was removed from work release and placed in administrative segregation for further evaluation, for no reason apparent to him.

What O’Bar did not know was that in early April 1988, when Elizabeth Riggs learned that he had been placed on work release only five miles away, she wrote the Governor of North Carolina describing the crime, the injury to her daughter, and the fear that she and her family held.

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Related

O'bar v. Pinion
953 F.2d 74 (Fourth Circuit, 1991)

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Bluebook (online)
953 F.2d 74, 1991 U.S. App. LEXIS 28437, 1991 WL 253871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obar-v-pinion-ca4-1991.