Dell'Orfano v. Romano
| Decision Date | 23 April 1992 |
| Docket Number | D,No. 432,432 |
| Parties | John J. DELL'ORFANO, Plaintiff-Appellant, v. Salvatore ROMANO; Captain Wilcenski; Sgt. Bennett; Investigator Sanacrose, Defendants-Appellees. ocket 91-2276. |
| Court | U.S. Court of Appeals — Second Circuit |
John J. Dell'Orfano, pro se.
Jeltje DeJong, Asst. Suffolk County Atty., Hauppauge, N.Y. (E. Thomas Boyle, Suffolk County Atty., of counsel), for defendants-appellees.
Before: CARDAMONE, PIERCE, and MINER, Circuit Judges.
John J. Dell'Orfano, a state prisoner, appeals pro se from a judgment, entered on May 8, 1991, in the United States District Court for the Eastern District of New York, Wexler, Judge, after a non-jury trial, in favor of defendants, state prison officials. For the reasons set forth below, we vacate the judgment of the district court and remand for a jury trial.
On June 14, 1987, Dell'Orfano was received in the Suffolk County Correctional Facility ("SCCF") in Riverhead, New York, as a pre-trial detainee, where he was to be held pending trial in state court on robbery charges. 1 He was initially placed in the general prison population. On June 15, 1987, he was removed from the general prison population and placed in administrative segregation.
Approximately fourteen months later, in a letter dated August 11, 1988, Dell'Orfano, appearing pro se, initiated what he termed a "Show Cause" action in the Supreme Court of the State of New York, Suffolk County ("New York Supreme Court"), and requested that the SCCF be directed to show cause why he should not be returned to the general prison population. Treating his letter as a petition for a writ of habeas corpus, the New York Supreme Court, on August 17, 1988, stated, in a brief order: "[T]he application by petitioner to be released from administrative segregation into the general jail population is denied as the Warden has due cause for such administrative segregation."
On September 19, 1988, Dell'Orfano, appearing pro se, brought this action in the United States District Court for the Eastern District of New York. He sued pursuant to 42 U.S.C. § 1983, seeking damages from the defendants--the warden of the SCCF and various Suffolk County prison officials. In his complaint, as later amended, Dell'Orfano claimed that while detained at the SCCF, he was confined in administrative segregation without written notice or a hearing; he did admit, however, that, in response to his inquiries, Sergeant Ronald Bennett, one of the defendants, orally informed him that his placement in administrative segregation was "due to a prior escape nine years ago." Dell'Orfano, inter alia, also alleged: that he was confined to his cell for twenty-three hours a day; that the lights were lit for twenty-four hours a day; that he was afforded inadequate time to exercise because the time he spent showering, making phone calls, seeing visitors, appearing in court, and cleaning his cell was subtracted from his one-hour exercise A trial of appellant's § 1983 suit was held in the district court on May 6, 1991. At the outset, Dell'Orfano inquired as to whether the court received his "letter of April 12." This letter, which is not mentioned on the docket sheet, and which is not part of the record on appeal, purportedly contained a list of Dell'Orfano's witnesses. While the record is not totally clear as to the witness issue, the district court informed Dell'Orfano that it would start the trial and then determine whether or not he could call a witness.
period; that his activities, including his use of the toilet, were observed twenty-four hours a day by both male and female officers; that he was denied access to the courts by deprivation of law library access, or assistance of law library clerks; and that the exercise facilities, ventilation, and living conditions were inadequate. Dell'Orfano's amended complaint stated that he remained in administrative segregation at the SCCF until April 4, 1989, when he was transferred to another correctional facility. Although it is unclear from his amended complaint just what relief he was seeking in this § 1983 action, in his original complaint, Dell'Orfano sought damages in the amount of $300,000
Dell'Orfano asked the district judge: "[W]ill we work in this trial by you or a jury?" The judge responded that there would be a non-jury trial because "[n]o jury demand was made." Dell'Orfano answered that "the defendants, there is no prejudice on [them] because they demanded a jury pool from Suffolk County." The defendants stated: The case then proceeded as a bench trial.
Thereafter, the district court heard testimony from Dell'Orfano. During his testimony on re-direct, the district court asked him if he had "any other witnesses." Dell'Orfano mentioned the names of three individuals who were apparently incarcerated, Matthew Solomon, Earl Hannon, and Chris Nelson. However, he indicated: "I don't know where they were." Following Dell'Orfano's testimony, Sergeant Bennett, a defendant, testified on behalf of the defendants.
At the conclusion of Sergeant Bennett's testimony, the court again asked Dell'Orfano if he had "any more witnesses." Dell'Orfano mentioned two names, Earl Hannon and Chris Nelson, but again indicated: "I don't know where they are, the witnesses." The district court then inquired as to whether Dell'Orfano was finished presenting his case; Dell'Orfano asked if this included his "personal witnesses," and the district court indicated it did. However, before any further response from Dell'Orfano, the district judge stated:
The district judge proceeded to deliver his ruling. With regard to Dell'Orfano's claim that he was placed in administrative segregation without written notice or a hearing, the district judge stated that, based on the New York Supreme Court decision and the testimony at trial, Dell'Orfano had failed to establish a violation of his constitutional rights. With respect to Dell'Orfano's claims regarding the conditions of his confinement, the district court stated that either the claims did not rise to the level of constitutional magnitude, or that Dell'Orfano had not proven his case. Thereafter, judgment was entered in favor of the defendants and Dell'Orfano's complaint was dismissed.
On appeal, Dell'Orfano argues that the district court erred in not granting his request for a jury trial and in not permitting him to call witnesses, and alleges that the district court improperly dismissed his action under the doctrines of res judicata or collateral estoppel. Dell'Orfano also maintains that the district court erred in rejecting his claim that he was placed in administrative segregation without written notice or a hearing.
Dell'Orfano claims that the district court improperly denied him a jury trial. Based on the following series of events, we agree and remand for a jury trial.
The defendants, in their answer filed June 7, 1989, demanded a "jury ... pooled from Nassau and Suffolk Counties." Soon thereafter, on June 9, 1989, the district court referred Dell'Orfano's case to a United States Magistrate Judge. On July 7, 1989, the magistrate judge, noting that the parties had not responded to an order to inform the magistrate judge of the extent of pre-trial proceedings, returned the case to the district court for a "nonjury trial." In an order filed October 25, 1989, the district court granted Dell'Orfano's motion to re-open discovery and returned the case to the magistrate judge. Dell'Orfano received several extensions of time to complete discovery. The orders granting these extensions indicated that the case would be returned to the district court "for trial." However, in an order dated August 27, 1990, the magistrate judge concluded that the case would be returned for a "non-jury trial." In a letter, entered October 18, 1990, Dell'Orfano requested a jury trial. He claimed that although he had not requested a jury trial in his original complaint, the complaint form provided to him had not indicated that such notice was required. In addition, he noted that the defendants, in their answer, had demanded a jury. In an order filed November 5, 1990, the magistrate judge, noting "the unique facts of this case," granted Dell'Orfano's motion for a jury trial. However, on January 22, 1991, the magistrate judge, without apparent explanation, returned the case to the district court for a ...
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