Redding v. Fairman

717 F.2d 1105, 1983 U.S. App. LEXIS 16959
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 13, 1983
DocketNos. 82-1472, 82-1541, 82-1892 and 82-1955
StatusPublished
Cited by140 cases

This text of 717 F.2d 1105 (Redding v. Fairman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redding v. Fairman, 717 F.2d 1105, 1983 U.S. App. LEXIS 16959 (7th Cir. 1983).

Opinion

BAUER, Circuit Judge.

The eighteen defendants, all staff of the Illinois Department of Corrections, appeal from adverse judgments on jury verdicts and an award of attorney’s fees and costs entered in consolidated cases filed under 42 U.S.C. § 1983 (1979) and 28 U.S.C. § 1343 (1979). The plaintiffs, all prison inmates, cross-appeal on several issues.

[1107]*1107Originally, seven prisoners filed eight separate pro se cases challenging the constitutionality of procedures used at the Pontiac Correctional Center to conduct disciplinary hearings for prisoners charged with major misconduct. The district court consolidated the cases and appointed the plaintiffs counsel who filed an amended complaint.1

After discovery, both sides filed motions for summary judgment. The district court granted the plaintiffs’ motion in part, concluding that each of the eighteen prison Adjustment Committee hearings at issue was constitutionally defective because Committee summaries were inadequate. Additionally, the court ruled that three plaintiffs were denied their procedural rights because certain defendants did not disqualify themselves from participating in the hearings.

In December 1981, a jury tried the remaining issues, including (1) whether two plaintiffs were improperly denied their right to call witnesses at their hearings, (2) whether Adjustment Committee members acted in good faith, and (8) the extent of any actual injuries to the plaintiffs. The jury awarded a total of $6,020 compensatory damages and $400 punitive damages; these were distributed as explained below. The district court awarded nominal damages to two plaintiffs who received no award from the jury. The court also awarded the plaintiffs $14,995 attorney’s fees and $1,437.36 costs.

Because the district court applied incorrect constitutional standards to certain issues before it, we affirm in part, reverse in part, and remand for further consideration.

I. Facts

A. Administrative Regulation 804

Administrative Regulation (A.R.) 804 defines major prisoner misconduct and establishes procedures and punishments for use when a prisoner is ticketed with a disciplinary violation. Three provisions of A.R. 804 interest us here. The first, section (II)(G)-(4), states: “Under no circumstances may any person who initiated the allegations which serve as the basis for the Resident Disciplinary Report, or who investigated those allegations, or who witnessed the incident sit on the Adjustment Committee hearing that Resident Disciplinary Report.” The regulation contains no other provision regarding impartiality of Committee members. The second provision, section (II)(G)-(9), states in part: “Witnesses requested by residents may be excluded [from the hearing] if their testimony would be irrelevant, cumulative, jeopardize the safety of an institution, or disrupt the security of the facility. If any witness is excluded, a written reason will be recorded.” The third provision relevant to this case, section (II)(G)-(11), states:

The Adjustment Committee shall decide whether or not the resident committed the chargeable offense based upon the evidence it admits at the hearing. As previously stated, the Committee must be reasonably satisfied that the resident committed the offense for him/her to be found guilty of same. All evidence submitted, including all oral and written statements, shall be summarized in the written record prepared by the Committee. The Committee members shall specifically refer to the evidence which convinced them to decide the resident did or did not commit the chargeable offense. A short explanation shall be stated of why information purporting to exonerate the resident was discounted —if the resident was found in violation. It will not be sufficient for the Committee’s decision to simply adopt and copy the exact wording of the Resident Disciplinary Report. In addition, the disposition of the hearing, the disciplinary action taken, the duration of a segregation placement, as well as the reasons for the disciplinary action and the length of the segregation place[1108]*1108ment shall be specified in the written record. The written record must be signed by all the members of the Adjustment Committee. (Emphasis added.)

Under A.R. 804, the Adjustment Committee consists of three members appointed by the Chief Administrative Officer of the prison. The Committee chairperson must have the rank of Captain or above. At the hearing, one Committee member records the proceedings, including the inmate’s testimony, the disposition, evidence relied on, and the basis for decision. These observations are recorded on a pre-printed form titled Adjustment Committee Summary.

B. Plaintiff Redding

James Redding received a resident disciplinary report on November 19,1979, charging him, among other things, with forging a name on a medical pass in violation of A.R. 804 §§ (II)(A)-(1), (13) & (14). On November 21, Redding appeared before the Adjustment Committee, then consisting of Defendants Hosier, Marion, and Klaren. Red-ding requested that Hosier disqualify himself, because Redding had an unrelated civil rights suit for damages pending against Hosier. Hosier refused the request.

The Committee found Redding guilty. In the section of the Adjustment Committee Summary marked “Record of Proceedings,” the Committee wrote: “Resident states the officer is lying, that is his signature. And this document is not a forgery.” In the section marked “Basis for Decision/Evidence Relied Upon,” the Committee wrote: “All evidence presented has convinced the committee the resident is guilty of forging a pass or altering a pass, giving false information to a [sic] employee and disobeying a prison rule.” Redding received fifteen days in segregation and a thirty-day demotion to C-grade status, entailing loss of certain privileges accorded to A-grade inmates. The Committee’s finding of guilt and the punishment imposed were approved by Defendant Fairman, Pontiac’s warden, but six months later the entire incident was expunged from Redding’s record because the charging officer admitted that the signature was not a forgery.

Redding testified in a deposition that he submitted an advance written request to call three witnesses at the Committee hearing.2 The Committee denied his requests. The Adjustment Committee Summary did not explain two of the three denials.

At trial, Redding testified that he spent fifteen days in segregation as a result of the Committee decision. The jury awarded Redding $20 compensatory damages for denial of Redding’s request to call witnesses, denial of an impartial decisionmaker, and inadequate summaries of the evidence and reasons for the Committee decision. The jury awarded Redding $200 punitive damages against Defendant Hosier for refusal to disqualify himself from the Committee.

C. Plaintiff Akbar

A resident disciplinary report dated January 10, 1980, charged Jamal Ali Akbar with possession of gang-related materials — specifically letters or “kites” — in violation of A.R. 804 §§ (II)(A)-(1), (14) & (15). Akbar was immediately placed in segregation. He [1109]

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Bluebook (online)
717 F.2d 1105, 1983 U.S. App. LEXIS 16959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redding-v-fairman-ca7-1983.