Umar v. Johnson

173 F.R.D. 494, 1997 U.S. Dist. LEXIS 8295, 1997 WL 321865
CourtDistrict Court, N.D. Illinois
DecidedJune 9, 1997
DocketNo. 94 C 5699
StatusPublished
Cited by7 cases

This text of 173 F.R.D. 494 (Umar v. Johnson) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Umar v. Johnson, 173 F.R.D. 494, 1997 U.S. Dist. LEXIS 8295, 1997 WL 321865 (N.D. Ill. 1997).

Opinion

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Fares Umar (“Umar”), who was formerly in custody at Stateville Correctional Center (“Stateville”), brings this 42 U.S.C. Section 1983 (“Section 1983”) action both individually and on behalf of a class of Stateville inmates (the “Inmate Class”) against a group of present or former Stateville officials alleged either to be members of, or to have supervisory control over, the Stateville Adjustment Committee (“Adjustment Committee”).1 Umar’s Amended Complaint (“AC”) charges defendants (in both their personal and official capacities) with having violated the Fourteenth Amendment procedural due process rights of each member of the Inmate Class (including Umar) by denying the inmate the right to call witnesses during his disciplinary hearing or hearings before the Adjustment Committee.2 Both equitable relief and damages are sought as remedies.

Umar now moves for summary judgment as to the claim brought on behalf of the Inmate Class. Defendants have in turn filed a cross-motion for summary judgment as to both Umar’s individual claim and the Inmate Class claim. Defendants have also moved for decertification of the Inmate Class.

At this point the several motions are fully briefed and ready for decision. For the reasons stated in this memorandum opinion and order, (1) Umar’s motion is denied, (2) defendants’ motion to decertify the Inmate Class is denied, (3) defendants’ motion for summary judgment as to Umar’s individual claim is granted and (4) defendants’ motion for summary judgment as to the Inmate Class claim is denied.

Summary Judgment Standards

Under familiar Rule 56 analysis, a party seeking summary judgment bears the burden of establishing the lack of a genuine issue of material fact (Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986)). This Court is called upon to draw inferences in the light most favorable to the non-moving party, but it is “not required to draw every conceivable inference from the record — only those inferences that are reasonable” (Bank Leumi Le-Israel, B.M. v. Lee, 928 F.2d 232, 236 (7th Cir.1991) and cases cited there). Where as here cross-motions for summary judgment are involved, these principles require the Court to take a dual perspective — one that this Court has frequently described as Janus-like. In this instance that problem does not turn out to create any difficulty, for no material fact is in dispute — instead the parties are at odds about whether as a matter of law defendants’ policies applied to Umar, and continued to be applied to the Inmate Class, infringed their Fourteenth Amendment rights to due process.

Background

In April 1993 Umar was a Stateville inmate sharing cell # B-E 807 with Pablo Malave (“Malave”) (U.12(M) ¶ 1).3 On April 18 [497]*497officers removed Umar and Malave from their cell for a “shakedown” search of the cell (D.12(N) Supp. ¶ 15). In the course of that search one officer discovered four homemade knives within socks hanging above the beds (id.; Exs. 1, 2).

Disciplinary reports were then issued to Umar and Malave, charging each with a violation of Illinois Department of Corrections Regulation 504-104 (Dangerous Contraband) (“Reg.504-104”). Officer McCoy (“McCoy”) reported in Malave’s disciplinary report that “Inmate Malave stated that all of the knifes [sic] found were his” (D.Ex. 1). Umar’s disciplinary report — also completed by McCoy — did not identify the owner of the knives (D.Ex. 2). Malave was taken from his cell and placed in temporary confinement later that same day (D.12(N) ¶ 11).

On April 22 the Adjustment Committee held a disciplinary hearing in connection with Malave’s charged violation of Reg. 504-104 (D.12(N) Supp. ¶ 7). At that hearing Malave did not again acknowledge ownership of the knives. Rather the Adjustment Committee Summary reports Malave as having stated “I lived in cell # 807 B-East on 4-18-93, and I have nothing else to say” (D.Ex. 3). At the end of the Summary the Adjustment Committee found Malave guilty and imposed upon him, along with other disciplinary actions, the loss of one year of good time credits (D.12(N) Supp. ¶ 8; D. Ex. 3). Among the stated reasons in support of that disposition was the Adjustment Committee’s finding that “[Malave] did not deny the charge or offer a defense in his own behalf’ (D.Ex. 3).

Umar received notice of his Adjustment Committee hearing on April 20 (D.12(N) Supp. ¶ 9). That notice included a description of the procedure for a Stateville inmate to request witness testimony for the hearing (D.Ex. 2):

You may ask that witnesses be interviewed and, if necessary, they may be called to testify during your hearing. You may ask that witnesses be questioned along lines you suggest. You must indicate in advance of the hearing the witnesses you wish to have interviewed and specify what they could testify to by filling out the appropriate space on this form, tearing it off, and returning it to the Adjustment Committee.

Each inmate has these four ways to deliver the witness request form to the Adjustment Committee (D.12(N) Supp. ¶ 21):

1. by completing the tear-off sheet at the bottom of the disciplinary ticket at the time he signs for the ticket, in which case the request appears on the copy of the ticket received by the Adjustment Committee;
2. by placing the tear-off sheet (or any written request) in a deposit box located in the inmate’s housing unit, in which case the request is then delivered to the Adjustment Committee;
3. by sending a written request via institutional mail to the Adjustment Committee; or
4. by handing a written request to a correctional officer or the inmate’s counsel- or for delivery to the Adjustment Committee.

Although the inmate can also make an oral request for witnesses when he appears before the Adjustment Committee, the Adjustment Committee reserves the right to disapprove requests not made before the hearing (D.12(N) Supp. ¶ 23; Johnson Aff. ¶ 9).

Significantly, a properly completed witness request form by a Stateville inmate facing discipline does not assure that those witnesses will actually appear before the Adjustment Committee. Instead Title 20 of the [498]*498Illinois Administrative Code (“Code”4) creates a system in which a Hearing Investigator may be asked to interview all requested witnesses and then to provide a summary of witness testimony to the Adjustment Committee. In that regard Code § 504.80(h) provides:

The Adjustment Committee may consider any statements of witnesses with relevant knowledge of the incident.
(1) The Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at the hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
173 F.R.D. 494, 1997 U.S. Dist. LEXIS 8295, 1997 WL 321865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/umar-v-johnson-ilnd-1997.