Reynolds v. Wolff

916 F. Supp. 1018, 1996 U.S. Dist. LEXIS 2477, 1996 WL 88864
CourtDistrict Court, D. Nevada
DecidedFebruary 12, 1996
DocketNo. CV-N-94-549-ECR
StatusPublished
Cited by3 cases

This text of 916 F. Supp. 1018 (Reynolds v. Wolff) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds v. Wolff, 916 F. Supp. 1018, 1996 U.S. Dist. LEXIS 2477, 1996 WL 88864 (D. Nev. 1996).

Opinion

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

Kevin Reynolds and David Staude (hereafter “Plaintiffs”) filed a complaint (# 1) pursuant to 42 U.S.C. § 1983 alleging the violation of their constitutional rights. Plaintiffs are represented by private counsel. Plaintiffs have twice been granted leave to amend their complaint. Pending is plaintiffs’ Second Amended Complaint (#25), which names Charles Wolff, Zoetta Waggener, Curt Sun-dell and Barbara Jirak as defendants. Defendants renewed their previously filed Motion to Dismiss in regard to the second amended complaint (#24). Pursuant to a stipulation between the parties, the motion has been converted to a Rule 56 motion for summary judgment by the filing of evidence with the opposition and reply briefs. Defendants were previously directed to supplement their reply brief and have now complied.

I. Background.

On November 16, 1990, disciplinary reports were written charging plaintiffs with violations of prison regulations regarding murder, conspiracy and violation of a local, state or federal law. The plaintiffs were served with notices of charges shortly thereafter. Disciplinary hearings were held on October 25, 1991. The disciplinary committee at each hearing was comprised of defendants Waggener, Sundell and Jirak. The Committee found plaintiffs guilty of all charges and imposed sanctions of fifteen days disciplinary detention, seventy-two months disciplinary segregation and recommended the loss of statutory good time credits. Plaintiffs’ opposition to the pending motion to dismiss/motion for summary judgment indicates that statutory good time credits were eventually revoked from each plaintiff.

Plaintiffs contend that defendant Wolff instructed the disciplinary committee members to find plaintiffs guilty of the charges, regardless of what evidence was presented. Counts I through IV allege the violation of plaintiffs’ due process rights under the Fourteenth Amendment. Count V alleges deliberate indifference to plaintiffs’ constitutional rights by defendants Waggener, Sundell and Jirak for failing to report defendant Wolff’s misconduct to the authorities. Count VI al[1021]*1021leges the intentional infliction of emotional distress. Finally, Count VII alleges that plaintiffs are entitled to punitive damages.

II. Motion for Summary Judgment

As discussed herein, the parties previously stipulated to conversion of the motion to dismiss to a motion for summary judgment. Summary judgment is proper “if pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56. The party moving for summary judgment has the initial burden of showing the absence of a genuine issue of material fact. See Adickes v. S.H. Kress and Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), and Zoslaw v. MCA Distrib. Corp., 693 F.2d 870, 883 (9th Cir.1982). Once the movant presents evidence which, if uncontroverted, would entitle the movant to a directed verdict at trial, the burden then shifts to the respondent to set forth specific facts demonstrating that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). If the factual context makes the respondent’s claim implausible, that party must come forward with more persuasive evidence than would otherwise be necessary to show that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); California Arch. Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 1466, 1468 (9th Cir.1987), cert. denied, 484 U.S. 1006, 108 S.Ct. 698, 98 L.Ed.2d 650 (1988). A material issue of fact is one that affects the outcome of the litigation and requires a trial to resolve the differing versions of the truth. See Admiralty Fund v. Hugh Johnson & Co., 677 F.2d 1301, 1305-06 (9th Cir.1982).

When faced with a motion for summary judgment, the material before the court “must be viewed in the light most favorable to the [non-moving] party,” Adickes v. S.H. Kress and Co., 398 U.S. at 157, 90 S.Ct. at 1608, and it must appear to a certainty that the plaintiff would not be entitled to relief under any set of facts that could be proven under the allegations of the complaint. Halet v. Wend Investment Co., 612 F.2d 1305 (9th Cir.1982). Furthermore, allegations of a pro se complaint are held to less stringent standards than formal pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (per cu-riam). Finally, summary judgment is not a disfavored procedural shortcut, but an integral part of the federal rules as a whole. Celotex Corp. v. Catrett, supra.

Defendants argue that they are entitled to summary judgment because plaintiffs claims are barred by the statute of limitations. Alternatively, defendants argue that plaintiffs’ claims are meritless because, pursuant to the recent United States Supreme Court decision in Sandin v. Conner, — U.S. -, -, 115 S.Ct. 2293, 2300, 132 L.Ed.2d 418 (1995), there is no protected liberty interest in prison disciplinary procedures.

A. Statute of Limitations.

Defendants contend that plaintiffs’ complaint is barred by the statute of limitations, in that it challenges conduct that occurred in October 1991 and the complaint was not filed until August 12, 1994. Plaintiffs respond that the statute of limitations did not begin to run until they learned of the violations by defendants in November 1993.

It is well established that the applicable statute of limitations for § 1983 claims is the state statute of limitations for personal injury claims. Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). In Nevada, personal injury claims are subject to a two year statute of limitations. Nev.Rev.Stat. § 11.190(4)(e). It is also well established that state law determines the application of tolling doctrines. Hardin v. Straub, 490 U.S. 536, 543-544, 109 S.Ct. 1998, 104 L.Ed.2d 582 (1989); Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir.1995).

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Bluebook (online)
916 F. Supp. 1018, 1996 U.S. Dist. LEXIS 2477, 1996 WL 88864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-wolff-nvd-1996.