Robert P. Sheley v. Richard L. Dugger, Robert A. Butterworth

833 F.2d 1420, 1987 U.S. App. LEXIS 15335
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 20, 1987
Docket85-3636
StatusPublished
Cited by62 cases

This text of 833 F.2d 1420 (Robert P. Sheley v. Richard L. Dugger, Robert A. Butterworth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert P. Sheley v. Richard L. Dugger, Robert A. Butterworth, 833 F.2d 1420, 1987 U.S. App. LEXIS 15335 (11th Cir. 1987).

Opinions

PER CURIAM:

The panel has sua sponte reconsidered its opinion in this case filed on August 21, 1987, and appearing at 824 F.2d 1551. That opinion is hereby withdrawn and vacated and the following opinion is substituted in lieu thereof.

Robert Sheley appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Sheley, an inmate at the Florida State Prison, has been confined in close management (CM) solitary confinement for over twelve years.

This appeal raises three issues: (1) whether Sheley’s continued confinement in CM violates his constitutional rights to due process; (2) whether Sheley’s continued confinement in CM violates his constitutional rights to equal protection; and (3) whether Sheley’s continued confinement in CM constitutes cruel and unusual punishment. Because we find that we cannot adequately address Sheley’s claims on the basis of the record before us, we reverse and remand to the district court for an evidentiary hearing.

I. FACTS

Sheley is a Florida state prisoner serving a life sentence for robbery and possession of a firearm by a felon. He is also serving a concurrent sentence of thirty-seven years for various other crimes (including assault with intent to commit murder, shooting into a motor vehicle, and aggravated assault) and a consecutive ten-year sentence for escape.

Sheley attempted to escape from the Shands Teaching Hospital in Florida in 1973, but he was not able to get away. He had more success on his next try. On February 28, 1974, he escaped from the Union Correctional Institution and remained at large until his capture on March 6, 1974. On May 7, 1974, Sheley again attempted to escape, this time from the Osceola County Jail. When he arrived at the Florida State Prison in June of 1974, Sheley was placed in administrative confinement pending the investigation of the attempted escape from the reception and medical center. On January 30, 1975, various escape items were found in Sheley’s stomach and rectum. The prison classification team1 thereafter recommended that Sheley be placed in CM because he was an extreme escape risk. After this recommendation was approved by the assignment team in March of 1975, Sheley was placed in CM. On June 27, 1977 a .22 caliber revolver and thirty rounds of ammunition were found in Sheley’s cell. In July of 1980, Sheley received a disciplinary report for the offense of possession of nego-tiables. He has received no disciplinary reports since that time.

Except for the 1974 escape, Sheley disputes all of the charges of misconduct. He asserts that, aside from the disciplinary action taken in 1975 with regard to the possession of escape paraphernalia, he was never charged or disciplined for any of the attempted escapes or other charges alleged in the Department of Corrections’ status reports. Petitioner’s Brief at 7-8.

With the exception of certain time spent in disciplinary confinement, Sheley has been confined in CM continually since March of 1975. Sheley’s status has been reviewed from time to time during the [1423]*1423years he has been confined in CM. On all but one occasion prior to 1980, the classification team recommended that Sheley remain in CM because he was an extreme security and escape risk. On three occasions in 1980 and one occasion in 1982 the classification team recommended that the assignment team place Sheley into the general prison population. In each case, however, the assignment team determined that Sheley should stay in CM because he remained a severe escape risk.

In May of 1983, Sheley filed a pro se petition for a writ of habeas corpus in the state courts challenging his confinement in CM. The trial court denied the petition, and the Florida First District Court of Appeal, in a per curiam order, affirmed. Record, Yol. 2 at Tab 12. He then filed a pro se petition for a writ of habeas corpus in the district court, alleging that the prison procedures retaining him in CM denied him due process and equal protection, and that his long-term confinement in CM constituted cruel and unusual punishment.2 The state filed a response asserting that: (1) Sheley was a security risk because of a prior escape, several attempted escapes, and his possession of a revolver inside the prison; (2) Sheley did not have a liberty interest prior to 1981, when Fla.Admin. Code § 33-3.081 was enacted; (3) Sheley was afforded periodic reviews of his CM status, including an opportunity to present his views to the reviewing committees; (4) Sheley’s equal protection and Eighth Amendment claims were meritless; and (5) the assignment team’s disapproval of the classification team’s recommendations that Sheley’s status be changed did not violate state administrative rules and was supported by substantial evidence. Id.

On May 7, 1985, the magistrate, without having conducted an evidentiary hearing, entered a report and recommendation dismissing Sheley’s habeas petition. He found that Sheley had a liberty interest in remaining in the general prison population, that Sheley’s CM status had been reviewed on a regular basis, that the hearing procedure set out by Fla.Admin.Code § 33-3.0083(f) (Supp.1985) was followed each time Sheley’s status was evaluated, and that this procedure comported with due process requirements. The magistrate also found that Sheley’s equal protection and cruel and unusual punishment claims were meritless because Sheley failed to state sufficient facts. The district court, over Sheley’s objections, adopted the magistrate’s report and denied habeas relief.

II. DISCUSSION

A. Introduction

On repeated occasions, the Supreme Court has stated that the decisions of prison authorities should be given great weight. See, e.g., Rhodes v. Chapman, 452 U.S. 337, 351-52, 101 S.Ct. 2392, 2401-02, 69 L.Ed.2d 59 (1981); Bell v. Wolfish, 441 U.S. 520, 546-47, 99 S.Ct. 1861, 1878, 60 L.Ed.2d 447 (1979); Procunier v. Martinez, 416 U.S. 396, 404-05, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974). A court’s function is not to decide “how best to operate a detention facility,” especially where internal security is concerned. Rhodes, 452 U.S. at 349 n. 14, 101 S.Ct. at 2400 n. 14; see also Bell, 441 U.S. at 546-47, 99 S.Ct. at 1878 (noting the importance of internal security to correctional goals).

This deference does not mean, however, that courts must abstain from reviewing the constitutional claims of prisoners. “[A] prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain drawn between the Constitution and the prisons of this country.” Wolff v. McDonnell, 418 U.S. 539, 555-56, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974). Thus, “ ‘it is [a court’s] duty, when jurisdiction is properly invoked, to protect prisoners’ rights.’ ” Hamm v. DeKalb County, 774 F.2d 1567, 1571 (11th Cir.1985) (quoting Jones v. Diamond, 636 F.2d 1364, 1368 (5th Cir. Jan. 1981) (en banc)), cert.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith v. Stewart
S.D. Georgia, 2025
Brathwaite v. Phelps
D. Delaware, 2023
Gill v. Inch
M.D. Florida, 2023
Foreman v. Ward
S.D. Georgia, 2023
GILLIS v. SMITH
M.D. Georgia, 2022
Connell v. Dunn
N.D. Alabama, 2022
Kister v. Dawson
N.D. Alabama, 2022
JONES v. WARD
M.D. Georgia, 2021
Johnson v. Bobbit
S.D. Georgia, 2020
Broner v. Todman
S.D. Georgia, 2020
DAKER v. HUMPHREY
M.D. Georgia, 2020
Vertis Anthony v. Warden
Eleventh Circuit, 2020
Conner v. Allen
S.D. Georgia, 2020
Quintanilla v. Bryson
S.D. Georgia, 2020
Perkinson v. Allen
S.D. Georgia, 2020

Cite This Page — Counsel Stack

Bluebook (online)
833 F.2d 1420, 1987 U.S. App. LEXIS 15335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-p-sheley-v-richard-l-dugger-robert-a-butterworth-ca11-1987.