Rodgers v. Thomas

879 F.2d 380, 1989 WL 75912
Court of Appeals for the Eighth Circuit·Decided July 13, 1989·No. No. 88-1740·Published·Cited by 22 cases

Opinion

BEAM, Circuit Judge.

Eugene Rodgers sued various employees of the Arkansas Department of Correction under 42 U.S.C. § 1983 (1982), alleging that the defendants deprived him of procedural due process during a disciplinary proceeding and that the conditions of his confinement pending the disciplinary hearing constituted cruel and unusual punishment. After an evidentiary hearing conducted before a magistrate, the defendants moved for a directed verdict. The magistrate found that plaintiff had adduced insufficient evidence to withstand the motion and recommended dismissal. Based on the magistrate’s recommendation, the district court dismissed Rodgers’ complaint, and Rodgers appeals from this order. We affirm.

I. BACKGROUND

A. Standard of Review

In reviewing the propriety of granting a motion for directed verdict, we must utilize the same standard as the district court.

Such motions are to be granted only when the nonmoving party has presented insufficient evidence to support a jury verdict in his favor. In deciding this question, we must view the evidence in the light most favorable to the nonmov-ing party without assessing credibility. The nonmoving party is entitled to the benefit of all inferences which may be drawn from the evidence without engaging in speculation.

Svoboda v. Bowers Distillery, Inc., 745 F.2d 528, 530 (8th Cir.1984) (citing Hauser v. Equifax, Inc., 602 F.2d 811, 814 (8th Cir.1979)).

B. Facts

Rodgers was incarcerated at the Benton Work Release Center, a minimum security facility of the Arkansas Department of Correction. Rodgers was allowed an overnight furlough extending from February 14, 1987, until 3:00 p.m. on February 15, 1987. A condition of the furlough was that Rodgers remain in Pulaski County, Arkansas.

On February 14, Rodgers’ mother and sister picked him up at the Benton Unit and drove to his sister’s home in Pulaski County. Rodgers later visited his girlfriend and several friends but remained in Pulaski County. After these visits, he returned to his sister’s house.

On the morning of February 15, Rodgers tried to procure a ride back to the Benton Unit. He could not reach his mother or sister, so he called, at work, Eamestine Starr, his sister’s roommate. She agreed to drive Rodgers to the Benton Unit. Due to inclement weather, they did not reach the Unit until 3:10 p.m.

Meanwhile, Rodgers' mother called Major Parsons at the Benton Unit, stating that “they” had gone to church in Cotton Plant and explaining that Rodgers might be late because of the difficult driving conditions caused by the bad weather. Parsons understood these statements to mean that Rodgers had gone with his mother to church in Cotton Plant, which is located outside of Pulaski County. Parsons confronted Rodgers, upon his return, with this alleged breach of the conditions of furlough, but Rodgers denied leaving Pulaski County.

On February 15, 1987, Rodgers was stripped to his underwear and placed in an isolation cell, pending investigation of the alleged breach of institutional rules. On February 18, 1987, he was served with a disciplinary charge for leaving Pulaski County and for giving false information to Parsons. Rodgers was denied a copy of the inmate handbook and had no paper or pencils while in isolation. He requested several witnesses for the disciplinary hearing but was limited to three. On February 19, 1987, the hearing was held before a Disciplinary Committee. The Committee obtained statements from Rodgers’ witnesses and his mother via telephone. Based on this evidence, Rodgers was found guilty of both violations. Rodgers remained in the isolation cell until February 20, 1987.

During his five days in isolation, Rodgers was given no clothing except socks and underwear. He had no toilet, sink, or bed. [383] He slept on a mattress on the floor and was given a sheet and a blanket. He was allowed one shower during this time. The guards checked on Rodgers frequently and were responsive to his requests to use the bathroom or to get a drink of water. No evidence was presented of unsanitary conditions.

II. DISCUSSION

A. Procedural Due Process

Rodgers first argues that he presented sufficient evidence to withstand a motion for directed verdict on the issue of whether his procedural due process rights were violated. He contends that he was denied due process in the disciplinary proceeding because he was not afforded the opportunity to call certain witness and had no opportunity to cross-examine Parsons; he was denied the necessary tools for preparing his defense (paper, pencil, and the inmate handbook); and he was punished prior to the hearing by being confined to an isolation cell.

The district court effectively addressed and dismissed all of these allegations. On the issue of witnesses, the court noted that the lack of an opportunity to cross-examine Parsons does not support a due process claim because the Disciplinary Committee subsequently confirmed the mother’s statement with a follow-up telephone call. The district court also pointed out that although an inmate facing a disciplinary proceeding should be allowed to call witnesses, “[p]rison officials must have the necessary discretion to keep the hearing within reasonable limits.” Wolff v. McDonnell, 418 U.S. 539, 566, 94 S.Ct. 2963, 2980, 41 L.Ed.2d 935 (1974).

Upon notification of the charges against him, Rodgers initially requested three witnesses. Later, Rodgers requested additional witnesses. Allowing additional witnesses would have caused a postponement of the disciplinary hearing. There is no indication that Rodgers would not have been allowed these additional witnesses had he initially requested them upon notification of the charges. While prison officials may not arbitrarily deny an inmate’s request to present witnesses, they may circumscribe his right to do so in order to provide “swift discipline.” Ponte v. Real, 471 U.S. 491, 495, 105 S.Ct. 2192, 2195, 85 L.Ed.2d 553 (1985).

On the issue of whether Rodgers was able to adequately prepare his defense, the district court held that although Rodgers did not have access to paper, pencil, or the handbook, he was not deprived of the opportunity to mount a defense because statements were obtained from his witnesses. We also note that Rodgers was allowed the requisite twenty-four hours after notification of the charges against him to prepare his defense for the disciplinary hearing. See Wolff, 418 U.S. at 564, 94 S.Ct. at 2978.

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Rodgers v. Thomas
879 F.2d 380 (Eighth Circuit, 1989)