Hayes v. Walker

Decision Date23 May 1977
Docket NumberNo. 76-1460,76-1460
Citation555 F.2d 625
PartiesLarry Charbert HAYES, Plaintiff-Appellant, v. Dan WALKER, Governor of the State of Illinois, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Seventh Circuit

Terry Rose Saunders, Jerold S. Solovy, Chicago, Ill., for plaintiff-appellant.

Gerri Papushkewych, Asst. Atty. Gen., Springfield, Ill., William J. Scott, Atty. Gen., Chicago, Ill., for defendants-appellees.

Before BAUER and WOOD, Circuit Judges, and SHARP, District Judge. *

HARLINGTON WOOD, Jr., Circuit Judge.

Plaintiff-appellant Larry Charbert Hayes (hereinafter referred to as plaintiff) while a prisoner at the Stateville Correctional Center of the Illinois Department of Corrections filed this civil rights action pro se pursuant to 42 U.S.C. § 1983 against defendants-appellees Dan Walker, Governor of Illinois, Allyn R. Sielaff, Director of the Illinois Department of Corrections, Dennis J. Wolff, Warden of the Sheridan Correctional Center of the Illinois Department of Corrections, and eleven additional named defendants, all officials of the Illinois Department of Corrections (hereinafter referred to collectively as defendants). In his complaint, plaintiff challenged the constitutionality of disciplinary proceedings initiated against him.

The central issue on appeal is whether the district court properly dismissed plaintiff's complaint for failure to state a cause of action. Specifically plaintiff asserts that he was denied due process of law by the defendants in the prison disciplinary proceedings in the following ways: (1) defendants improperly prevented plaintiff from calling witnesses or introducing documentary evidence in his own behalf; (2) the Institutional Adjustment Committee failed to state the reasons for the disciplinary action taken; (3) the Institutional Adjustment Committee's finding of guilty was arbitrary since it was not based upon evidence; and (4) plaintiff was placed in segregation with no notice of a violation and without a hearing. Plaintiff also asserts that the district court should not have dismissed his complaint since defendants deprived him of his first amendment rights by disciplining him for participation in a group meeting.

For the following reasons, we find that the lower court should not have dismissed plaintiff's complaint.

The facts out of which this appeal arises are as follows.

On May 12, 1975, plaintiff along with fifty to sixty inmates of the Sheridan Correctional Center, Sheridan, Illinois, gathered in the resident yard during a regular yard period. Plaintiff alleges in his complaint that the group discussed ways and means of forming a legal education committee, overcoming "the arbitrary problem" within the discipline procedure, and alleviating racial tension. Shortly after midnight on May 12, 1975, plaintiff was placed in isolation. At 2:00 a. m. on May 13, 1975, plaintiff received a Resident Violation Report written by Sergeant Watts. According to the Resident Violation Report, the prisoners who gathered in the prison yard were complaining about prison rules relating to Resident Violation Reports. The Resident Violation Report further indicated On May 14, 1975, the Institutional Adjustment Committee initiated a review of the Resident Violation Report filed against plaintiff. The hearing was continued until the following day to allow the committee to consider various motions filed by plaintiff. On May 15, 1975, the Institutional Adjustment Committee found plaintiff guilty of violating § 804(II)(F)(1)(g). The Institutional Adjustment Committee based its report on the Resident Violation Reports as written and on a report by Internal Investigator Toney.

that plaintiff, who appeared to be a leader of the gathering, stated that the prisoners would have to write to Springfield to get the rules changed and if that did not work "they would have to act on it." When asked by one of the inmates what if nothing is done in the next six months, the Resident Violation Report states that plaintiff replied, "You know what we will do." At 4:00 p. m. on May 13, 1975, plaintiff received a Resident Violation Report from Warden Wolff charging him with violation of State of Illinois, Department of Corrections, Administrative Regulation No. 804(II)(F)(1)(g), conspiracy to incite to riot and commit mutinous acts.

As a result of the Institutional Adjustment Committee's decision plaintiff was placed in segregation, lost nine months of statutory good time, was demoted from grade A to grade C, and on May 16, 1975, was transferred to Stateville Correctional Center where he remains in isolation.

The Administrative Review Board on June 10, 1975, recommended that plaintiff's grievance respecting the disciplinary action taken against him be denied. Allyn R. Sielaff, after reviewing the recommendation by the Administrative Review Board, denied plaintiff's grievance.

The district court on November 14, 1975, granted leave to plaintiff to file a complaint and proceed in forma pauperis. On February 25, 1976, the lower court permitted plaintiff to amend his complaint but granted defendants' motion to dismiss plaintiff's complaint as amended on the grounds that the complaint "fails to state a claim upon which relief can be granted and is completely frivolous and absurd document." The lower court on March 18, 1976, denied plaintiff's motion to vacate the February 25, 1976, order dismissing the complaint. This appeal followed.

As this court recently stated in French v. Heyne, 547 F.2d 994 (7th Cir. 1976):

We approach the questions raised in this appeal mindful that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, (78 S.Ct. 99, 102, 2 L.Ed.2d 80) (1957). Equally applicable here is the admonition that pro se complaints, due to the lack of legal expertise that accompanies their preparation, are to be liberally construed. Haines v. Kerner, 404 U.S. 519, (92 S.Ct. 594, 30 L.Ed.2d 652) (1972).

1. Denial of Witnesses

Plaintiff originally submitted a list of fifty-four prisoners to be called as witnesses on his behalf before the Institutional Adjustment Committee. At the hearing before the Institutional Adjustment Committee, plaintiff identified ten prisoners from this list and requested that only they be initially called as witnesses:

I have a listing of approximately fifty or more residents who are requesting an interview in my behalf. In the interest of security I am requesting that ten of the fifty be called at this time and the others reviewed by the Committee. The ten names I would like to submit is: . . . .

(Exhibit II-C p. 6)

The Institutional Adjustment Committee in denying plaintiff's motion stated as follows:

The Committee moves the motion for witnesses be denied for the following reasons: The residents requested would be placed in highly compromising positions with regards to possible retribution from other residents and to call resident witnesses (Exhibit II-C p. 6)

could prove hazardous to both witnesses and institutional security.

In light of the denial of his motion for witnesses to be called, plaintiff requested a stay in the proceedings to enable him to obtain affidavits from his witnesses. The Institutional Adjustment Committee also denied this motion. (Exhibit II-C pp. 8-9)

Plaintiff cites Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), for the proposition that absent a showing of compelling reasons by prison authorities, due process requires that a prisoner be allowed to call witnesses in his own behalf in a prison disciplinary proceeding. Plaintiff argues that since no justification was offered for the peremptory denial of his right to call witnesses in the case at bar, he was deprived of due process of law.

The defendants assert that the Court in Wolff, supra, did not grant prisoners an unconditional right to call witnesses. Defendants claim that the Court limited this right to where its exercise would not be unduly hazardous to institutional safety or correctional goals. Defendants conclude that the reasons offered by the Institutional Adjustment Committee to justify denial of plaintiff's request to call witnesses have not been attacked as false or in bad faith and were proper.

For the following reasons we find that the district court erroneously dismissed this portion of plaintiff's complaint.

In Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), the Court held that "the inmate facing disciplinary proceedings should be allowed to call witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals." 418 U.S. at 566, 94 S.Ct. at 2979. The Court in noting that the right to call witnesses is not unrestricted stated, "(o)rdinarily, the right to present evidence is basic to a fair hearing; but the unrestricted right to call witnesses from the prison population carries obvious potential for disruption and for interference with the swift punishment that in individual cases may be essential to carrying out the correctional program of the institution." 418 U.S. at 566, 94 S.Ct. at 2979. The Court further indicated that the determination of the parameters of the right to call witnesses in a particular case must be based upon a balancing of "the inmates interest in avoiding loss of good time against the needs of the prison, and some amount of flexibility and accommodation is required." 418 U.S. at 566, 94 S.Ct. at 2980. The Court warned that the judiciary "should not be too ready to exercise oversight and put aside the judgment of prison administrators." 418 U.S. at 566, 94 S.Ct. at 2979. On the contrary, "(p) rison officials must have the necessary discretion to keep the hearing within reasonable...

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