Chambers v. Bachicha
| Decision Date | 29 November 1993 |
| Citation | 39 F.3d 1191,1994 WL 596702 |
| Parties | NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of |
| Court | U.S. Court of Appeals — Tenth Circuit |
Before MOORE, SETH, and TACHA, Circuit Judges.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); Tenth Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.
John H. Chambers, a prisoner at the Limon Correctional Facility of the Colorado Department of Corrections (DOC), brought this action under 42 U.S.C.1983 alleging the violation of certain constitutional rights. Mr. Chambers claims that DOC officials acted to deny his Fifth Amendment right against self-incrimination as well as his right to due process and equal protection under the law. This he asserts took place when they reduced the amount of earned time for which he would otherwise be eligible from ten days per month to seven days because of his refusal to admit he was a sexual offender. This admission was required to participate in the Sexual Offender Treatment Program (SOTP) to earn good time that Appellant was referred to by Appellee Phyllis Bachicha, a case manager.
The district court, upon the recommendation of the magistrate judge, granted Appellees' motion to dismiss apparently under Fed.R. Civ. P. 12(b)(6). The court concluded that Appellant had no constitutional right to future good time or earned time credit opportunities, and that Appellant's Fifth Amendment claim must fail because of the confidentiality of prison records.
On appeal, Mr. Chambers contends that the district court erred in its dismissal of his complaint. His initial complaint was filed pro se; he has since been appointed an attorney who joins him on appeal. We review a dismissal under Rule 12(b)(6) de novo confining our review to allegations in the complaint and accepting the facts pleaded as true. Doyle v. Oklahoma Bar Ass'n, 998 F.2d 1559, 1566 (10th Cir.). In reviewing the dismissal of a pro se complaint we view all factual allegations in the light most favorable to the plaintiff. Hall v. Bellmon, 935 F.2d 1106, 1109-10 (10th Cir.). A constitutional claim under 1983 "should not be dismissed unless it appears beyond doubt that the plaintiff could prove no set of facts in support of his claim that would entitle him to relief." Lucero v. Gunter, 17 F.3d 1347, 1349 (10th Cir.) (quoting Dunn v. White, 880 F.2d 1188, 1190 (10th Cir.).
Appellant was convicted in 1985 of aggravated robbery, attempted theft, and habitual criminal activity. He was sentenced to a thirty-nine year term of imprisonment. In November 1983, he had been charged with first degree sexual assault. One month later the charges were dismissed without prejudice.
Appellee Phyllis Bachicha conducted a review of Appellant's inmate file and made a determination that he was earning good time deductions to which he was not entitled because he had not participated in sex offender treatment. Appellant was then asked to fill out a questionnaire upon which a determination could be made as to whether he was a candidate for treatment in SOTP. After review of Appellant's responses, the sex offender treatment team announced that Appellant was not a candidate for treatment because he would not admit to the dismissed assault charge of 1983.
Colorado law provides that prisoners incarcerated in that state may receive ten days of earned time per month under certain conditions. See COLO. REV. STAT. 17-22.5-405 (1994). Appellee Bachicha determined that because Appellant would not admit to the sexual assault charges and thus could not participate in sex offender therapy, he was not entitled to receive all ten days per month as he had done before. It is this decision that forms the basis of Mr. Chambers' complaint.
At the outset, we must determine whether Appellant has stated a constitutionally based claim cognizable under 1983. Appellant contends that the denial of future earned time credits, under the circumstances of this case, violates his Fourteenth Amendment right to equal protection of the law in that other prisoners receive maximum earned time credit (ten days) without participation in the program. In addition, Appellant contends that his due process rights were violated in that he was not afforded a fair procedure prior to the summary removal of his opportunity to receive earned time credits.
We limit our analysis of these issues to whether Appellant has asserted an interest to which he has a legitimate constitutional claim. "To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States...." West v. Atkins, 487 U.S. 42, 48. Section 1983 is not a source of substantive rights, but provides a method to vindicate federal rights conferred elsewhere. Albright v. Oliver, --- U.S. ----, 114 S.Ct. 807, 811. Consequently, Appellant must identify the infringement of a constitutional right. Id. The interest that underlies Appellant's equal protection and due process claims is essentially the award of earned time credits. It is established that generally there is no constitutional right to good time or earned time credit. Wolff v. McDonnell, 418 U.S. 539, 557. However, a protected liberty interest can arise in earned time where a state...
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Lile v. McKune
...in SATP, similar programs operating with greater confidentiality can be easily distinguished. See Chambers v. Bachicha, 39 F.3d 1191 (unpublished decision), 1994 WL 596702 (10th Cir.1994) (no Fifth Amendment violation found, in part, due to recognized confidentiality of prison records, and ......
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Lile v. McKune
...investigation or prosecution of patient); see also Lile, 24 F. Supp.2d at 1157 n.7 (distinguishing Chambers v. Bachicha, 39 F.3d 1191, 1994 WL 596702 (10th Cir. 1994) (Table), which found no Fifth Amendment violation in part because of confidentiality of prison records); cf. Neal v. Shimoda......
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Chambers v. Colorado Dept. of Corrections
...upon finding earned time credits were a matter of discretion and could not support a constitutional claim. Chambers v. Bachicha, 39 F.3d 1191 (10th Cir. 1994) (unpublished). In his second suit, the Colorado Court of Appeals affirmed the dismissal based on res judicata of his state suit for ......
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Chambers v. Colorado Department of Corrections
...Mr. Chambers' due process and equal protection claims posited on this non-protected interest must also fail. Chambers v. Bachicha, 39 F.3d 1191 (10th Cir.1994) (unpublished). In this case, Mr. Chambers, again proceeding pro se, challenged the classification itself, asserting under the factu......