Marchetti v. Brennan, No. 89-1808
| Decision Date | 03 October 1991 |
| Docket Number | No. 89-1808 |
| Citation | 945 F.2d 407 |
| Parties | NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit. Amilcar MARCHETTI, Plaintiff-Appellant, v. Edward BRENNAN, Errol Westfall and Cliff Young, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Before BAUER, Chief Judge, and CUMMINGS and COFFEY, Circuit Judges.
In December 1988, plaintiff Amilcar Marchetti filed a "Civil Rights Complaint" with jury demand. He alleged that he was confined in the Federal Correctional Institution in Oxford, Wisconsin, and that he had become a lawful permanent resident of the United States in September 1963. He stated that he was incarcerated in the federal prison on Terminal Island, California, but was transferred to the federal prison in Springfield, Missouri, and then to the Oxford, Wisconsin, institution.
The complaint further stated that in March 1987 he received word that a "Notice of Action" had been placed in his file by the Immigration and Naturalization Service ("INS"). As customary, the Notice of Action requested that prior to the plaintiff's release from custody, the custodial institution should notify the INS of his pending release and transfer so that the INS could accord him a hearing "to present evidence and testimony against * * * [his] exclusion and/or deportation from the United States."
In September 1987 plaintiff requested a transfer to an institution near his California home. The complaint asserted that he was being denied such a transfer "because he is an immigrant from Argentina with an INS Notice of Action in his file" and that the transfer denial was discriminatory and in violation of the Fifth and Eighth Amendments.
While at the Oxford institution, plaintiff was given a security level of 3, subsequently reduced to 2. At the end of August 1990, the Bureau of Prisons granted plaintiff's request and transferred him back to the Terminal Island, California, federal correctional institution. Upon his arrival at the California institution, as he had been warned in September or October 1987, his security level was raised to 3 because of the INS Notice of Action letter in his file, thus negatively affecting his furlough, curfew and family visitation rights.
The defendants were the Oxford warden, an Oxford unit manager, an Oxford case manager, and two Oxford correctional counsellors. They moved for summary judgment which was granted by the district court in March 1989. In the supporting memorandum...
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