Tyler v. Black

811 F.2d 424
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 6, 1987
DocketNos. 86-1043, 86-1044
StatusPublished
Cited by30 cases

This text of 811 F.2d 424 (Tyler v. Black) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyler v. Black, 811 F.2d 424 (8th Cir. 1987).

Opinion

HENLEY, Senior Circuit Judge.

This appeal results from the district court’s partial denial of permanent injunctive and declaratory relief. Appellants, inmates at the Missouri State Penitentiary (MSP), brought this suit under 42 U.S.C. § 1983 making constitutional challenges to certain conditions and procedures at the Special Management Facility (SMF), once known as Special Management Unit (SMU). Appellee Black is Director of the Missouri Department of Corrections, and appellee [426]*426Wyrick is the Warden of MSP.1 We affirm in part, reverse in part, and remand with instructions.

I. BACKGROUND.

Although factual details may be recited where necessary, initially we will review only generally the history of SMF and this case. SMF is a segregation unit within MSP. It is made up of a new building, Housing Unit 5C, and a remodeled existing building, Housing Units 5A and 5B. Housing Unit 5C contains Level I, the most restrictive level of confinement in SMF. Housing Units 5A and 5B contain Levels II and III respectively, which are progressively less restrictive. Level I was opened with a transfer of inmates on February 8, 1982. Levels II and III were opened with a mass transfer of inmates on July 26, 1982. The move to Levels II and III was made earlier than scheduled due to perceived growing tension in MSP. Warden Wyrick felt that the potential for mass violence was substantial and he felt that the move to Levels II and III was the only way to control the situation. SMF’s purpose is to serve as housing for administrative and disciplinary segregation of inmates from the general prison population.

Appellants filed this suit on August 6, 1982, challenging numerous conditions and procedures at SMF. Appellants subsequently made a motion for preliminary injunctive relief on their claims. Following a hearing, the United States Magistrate issued a thorough and well-reasoned Report and Recommendation on September 1, 1983, recommending that appellants’ motion for preliminary injunctive relief be granted in part and denied in part. The magistrate’s Report and Recommendation was adopted by the district court and judgment entered accordingly. Our court affirmed. See Tyler v. Black, 744 F.2d 610, 611-12 (8th Cir.1984).

Following hearing on the merits, the magistrate issued another thorough and well-reasoned Report and Recommendation on September 26, 1985, recommending that the requested permanent injunctive and declaratory relief be granted in part and denied in part. In an order dated December 17, 1985, the district court adopted the magistrate’s Report and Recommendation with one modification. These appeals followed.

Appellants challenge the district court's denial of relief on the following claims: (1) due process violations in the original July 26, 1982 mass transfer of inmates to SMF and in SMF’s present transfer and review procedures; (2) denial of access to the courts; and (3) eighth amendment violations in insufficient recreation opportunities in all Levels, and in double celling and the use of “boxcar” doors in Level I.

Pursuant to Fed.R.Civ.P. 52(a), we are bound by the factual findings of the magistrate and district court unless they are clearly erroneous. In order to hold that a finding of fact is clearly erroneous, we must be “ ‘left with the definite and firm conviction that a mistake has been committed,”’ and we cannot reverse simply because we would have decided the case differently. Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948)). We note that although the standards for permanent injunctive and declaratory relief are different than those for preliminary injunctive relief, on issues where appellants presented no new evidence at the permanent injunctive and declaratory relief hearing, we will consider [427]*427Tyler, 744 F.2d at 611-12, as having some persuasive effect.

II. ALLEGED DUE PROCESS VIOLATIONS.

Appellants contend that the first mass transfer of inmates to SMF on July 26, 1982 was done without prior notice or hearings, thereby violating their fourteenth amendment due process rights. They also allege continuing due process violations by appellees in the transfer of inmates to SMF without proper notice or hearings, and in the failure to make timely periodic reviews of the cases of SMF inmates.

In his Report and Recommendation of September 26, 1985, the magistrate essentially adopted his prior September 1, 1983 Report and Recommendation, noting that at the permanent injunctive and declaratory relief hearing no new evidence was presented regarding the July 26,1982 mass transfer issue and very little new evidence was presented regarding the continuing due process violations issues. The magistrate found that, at the time of the July 26, 1982 mass transfer, appellants did not have a liberty interest in remaining in the general prison population, and that even if they did, they received all of the process they were due. The magistrate also found that appellees’ transfer and review policies provide appellants with sufficient process. He therefore recommended that relief be denied on appellants' due process claims.

The district court adopted the magistrate’s recommendation with one modification. Clark v. Brewer, 776 F.2d 226 (8th Cir.1985), was decided shortly after the magistrate issued his Report and Recommendation. In Clark we set out certain standards for review hearings in the cases of inmates in segregation, such as the right of the inmate, in certain situations, to have written notice of the hearing and the evidence to be relied upon, and a limited right of the inmate to call witnesses. Id. at 234-36. To the extent appellees' review policy did not comply with Clark, the district court granted injunctive relief and ordered compliance. Appellees have evidently modified their review policy to be in line with Clark.

Due process claims are generally subjected to a two part analysis: (1) is the asserted interest protected by the due process clause; and (2) if so, what process is due. Ingraham v. Wright, 430 U.S. 651, 672, 97 S.Ct. 1401, 1413, 51 L.Ed.2d 711 (1977). It is established that prisoners enjoy the protections of the due process clause and may not be deprived of life, liberty or property without due process of law. Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 2974-75, 41 L.Ed.2d 935 (1974). It is also well established that prisoners’ due process rights are subject to restrictions made necessary by their prison surroundings. Id. It is against this basic background that we now consider the administrative and disciplinary segregations involved in this case.

A. THE JULY 26, 1982 TRANSFERS.

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Bluebook (online)
811 F.2d 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-black-ca8-1987.