Walker v. Johnson, 81-40336.

Decision Date21 June 1982
Docket NumberNo. 81-40336.,81-40336.
PartiesRoderick WALKER, Amin Habeeb Ullah a/k/a Franklin Neal, Romando Valeroso, Floyd W. Zeros, Ronald E. Thelen, Marvin Mayberry, Donald Sullivan, Dennis Spaulding, John T. Crown, Jerry Gonyea, David Lytal, Lewis Robinson, and Timothy Spytma, on Behalf of Themselves, and All Others Similarly Situated, Plaintiffs, v. Perry JOHNSON, Director, Michigan Department of Corrections; Barry Mintzes, Warden, State Prison of Southern Michigan; Dale Foltz, Warden, Michigan Reformatory at Ionia; Theodore Koehler, Warden, Marquette Branch Prison; Individually and in Their Official Capacities, State of Michigan, through the Michigan Department of Corrections, Defendants.
CourtU.S. District Court — Western District of Michigan

COPYRIGHT MATERIAL OMITTED

Larry W. Bennett, Birmingham, Mich., William Goodman, Judith Magid, Detroit, Mich., for plaintiffs.

Brian W. MacKenzie, Asst. Atty. Gen., Lansing, Mich., for defendants.

                            TABLE OF CONTENTS
                I Introduction
                II Factual Findings
                  (a) General Facts
                  (b) Factual Findings as to MBP
                  (c) Factual Findings as to SPSM
                      (c-1) Central Complex
                      (c-2) Northside Complex
                      (c-3) Trusty Division
                      (c-4) Summary and Effect of Restrictions
                  (d) Factual Findings as to Michigan Reformatory
                III Legal Analysis
                  (A) Due Process Issue
                    (a) Major Misconduct and Administrative
                    Segregation issue
                    (b) "Green Card" due process issues
                    (c) Summary of due process rulings
                  (B) Non-due process claims
                    (a) MBP claims
                    (b) SPSM claims
                      (b-1) Central Complex
                      (b-2) Northside Complex
                      (c-3) Trusty Division
                      (b-4) Summary of Non-procedural
                    due process holdings as to SPSM
                    (c) Michigan Reformatory claims
                IV Conclusion and Order
                
MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

I INTRODUCTION

This is a class action brought by all present and future persons confined at Marquette Branch Prison (MBP); the State Prison of Southern Michigan (SPSM); and the Michigan Reformatory at Ionia. The action arises in connection with a drastic reduction of prison activities — dubbed as a "lockdown" by the prison community — imposed as a result of riots that occurred at the three institutions in late May of 1981.

Plaintiffs challenge a variety of conditions now in effect at the three state prisons. Plaintiffs contend that certain classification procedures violate the Fourteenth Amendment guarantee of procedural due process. Plaintiffs also assert that various post-riot-living conditions at the three prisons are violative of the First Amendment,1 the Eighth Amendment2 and the equal protection clause. Plaintiffs seek injunctive relief requiring defendants3 to restore prison conditions to the pre-riot level.

After a seven-week trial beginning on September 15, 1981 and ending on November 12, 1981, the Court took the case under advisement. Having considered the evidence and the law, the Court's findings of fact and conclusions of law are made herein.

II FACTUAL FINDINGS
(a) General Facts

On Friday afternoon, May 22, 1981, members of the Michigan Corrections Officers Association attempted to lock down inmates housed at Central Complex of SPSM. The lockdown was in direct contravention of the orders of SPSM Warden Barry Mintzes.

Faced with the prospect of a Memorial Day weekend lockdown, the Central Complex inmates began to riot. Shortly thereafter, rioting also broke out in Northside Complex. It is noted that many of the inmates in the two complexes did not participate in the rioting.

On Friday evening May 22, 1981, rioting broke out at the Michigan Reformatory, located in Ionia, Michigan. This riot erupted upon the Michigan Reformatory inmates learning of the SPSM rioting.

By May 23, 1981, SPSM and the Michigan Reformatory were in control of the prison authorities. The peace, however, was shortlived. On May 25, 1981 rioting again broke out at the Central and Northside Complexes of SPSM. This riot was marked by wholesale burning and looting throughout the two complexes.

On May 26, 1981, rioting broke out at MBP. This rioting, sparked by news of the rioting at SPSM and the Michigan Reformatory, resulted in significant property damage to MBP.

The three prisons were under control of authorities by May 27, 1981. Nevertheless, the riots, in addition to causing great property damage, profoundly affected the relationship between inmates and staff. Since the riots, there has been a palpable increase in tension and distrust between staff and inmates.

In the wake of the riots, drastic reductions in inmate privileges have been instituted. Moreover, the Court finds that there are no definite plans for the removal of the post-riot restrictions. Indeed, as plaintiffs point out, the post-riot conditions may well be a "new normal" for the prisons. The Court will now describe the post-riot conditions at each of the three prisons. The description will begin with MPB, proceed to SPSM and finish with the Michigan Reformatory.

(b) Factual Findings as to MBP

In describing the factual conditions at MBP, the Court notes that in the aftermath of the riot, MBP has developed a new inmate security classification. The new classification is entitled "green card" status. An inmate may be assigned to green card status merely upon the finding that he has committed a major misconduct infraction. It is noted that the major misconduct infraction is, throughout the state prison system, also a basis for assignment to administrative segregation.4 In a later portion of this opinion, the Court will consider the constitutionality of these major misconduct sanctions.5

In setting forth the facts as to the various challenged aspects of post-riot MBP prison life, we will begin with meal procedure. The Court finds that general population inmates currently are allowed to eat their three daily meals in the dining hall. The out-of-cell time provided in connection with meals amounts to about twenty-five to forty-five minutes per meal — approximately the same time allotment as before the riot. It should be noted, however, that the walk to and from the dining hall is more carefully regimented since the riot. Furthermore, the security within the dining hall is much more imposing since the riot. And finally, the Court notes that green card inmates are allowed to eat in the dining hall.

The Court finds that administrative segregation and punitive detention inmates are required to eat all of their meals within their cells. This is the same procedure that was followed prior to the riot.

General population inmates currently are allotted about forty-five minutes per day of yard time. Prior to the riot, general population inmates were allotted between four and five hours of yard time per day.

Administrative segregation and green card inmates are allotted forty minutes per week of yard time. Prior to the riot, administrative segregation inmates were allotted between thirty and forty-five minutes per week of yard time.

It also is noted that sports equipment and recreation tables have been eliminated from the yard. Moreover, the running track within the yard has been significantly reduced in space.

General population inmates are allowed at least three showers per week. The showers last about five minutes, and the inmates are required to walk naked to and from the showers. Administrative segregation and green card inmates are allowed one shower per week.

Prior to the riot, general population inmates were allotted six showers per week, and administrative segregation inmates were allotted a mere one shower per week. The naked walk requirement was non-existent prior to the riot; the purpose of this rule is to protect guards against attack by inmates perpetrated with weapons hidden inside robes or towels.

Visitation privileges still are allowed up to three times per week at MBP. This is the same visitation allotment as before the riot.

Group religious services have been eliminated since the riot. Services are performed either by radio or by individual cell visits from a religious leader. Prior to the riot, inmates were allowed up to four or five hours of group prayers per week.

Approximately three hundred and thirty-six inmates presently are involved in either work or school assignments. Prior to the riot, about four hundred inmates were involved in either work or school assignments.

The law library has been made available on a detailed basis only. Inmates are allowed up to six hours per week of library access.

The Court finds that the above restrictions are very deleterious to the emotional welfare of MBP inmates. The denial of yard time generates rage, hostility and depression. The psychiatric testimony indicated that the prolongation of such reaction can lead to permanent psychoses.

The naked walk to the shower elicits a feeling of degradation and sexual humiliation. The naked walk also enhances the possibility of rapes and sexual attacks. Furthermore, the Court finds Warden Koehler's testimony incredible as to the fact that this particular measure is necessary for prison safety. Indeed, the safe walk objective could be accomplished in a less oppressive manner.6

The lack of group religious services denies the inmates a sense of togetherness in religious worship. Clearly, the loss suffered is not nearly as oppressive as the emotional damage mentioned above. Nevertheless, a palpable detriment flows to the inmates from the denial of group religious services.

The abridgment of library access has cut back on the inmates' ability to protect their legal rights. Obviously, this was not present in the instant case since the inmates were here represented by competent outside counsel. But with respect to other cases and legal matters, the library cutback works a hardship on MBP inmates.

(c) Factual Findings as to SPSM

(c-1) Central Complex

The meal procedures at Central Complex, like those at MBP, are similar to pre-riot times. Now — as before the riot...

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