Clutchette v. Procunier, No. 71--2357

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtHUFSTEDLER; KILKENNY
Citation510 F.2d 613
Decision Date21 October 1974
Docket NumberNo. 71--2357
PartiesJohn Wesley CLUTCHETTE et al., Appellees, v. Raymond K. PROCUNIER et al., Appellants.

Page 613

510 F.2d 613
John Wesley CLUTCHETTE et al., Appellees,
v.
Raymond K. PROCUNIER et al., Appellants.
No. 71--2357.
United States Court of Appeals,
Ninth Circuit.
Oct. 21, 1974.
As Modified on Denial of Rehearing and
Rehearing En Banc Feb. 27, 1975.
Certiorari Granted June 9, 1975.
See 95 S.Ct. 2414.

Page 614

William D. Stein, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellants.

William Bennett Turner (argued), San Francisco, Cal., for appellees.

Before TUTTLE, * HUFSTEDLER, and KILKENNY, Circuit Judges.

OPINION ON REHEARING

HUFSTEDLER, Circuit Judge:

We granted rehearing to assess the impact of Wolff v. McDonnell (1974) 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 upon our prior opinion stating the constitutional protections due inmates of San Quentin prison in the context of prison disciplinary proceedings (497 F.2d 809). We modify our opinion in respect of loss of privileges, confrontation and cross-examination of witnesses, and the right to counsel or a counsel-substitute in disciplinary proceedings (other than those involving infractions also punishable by state authorities as crimes) to conform it to the views expressed in Wolff. We reaffirm our prior opinion in all other respects because the remaining portions are in harmony with Wolff, or are related to issues untouched by Wolff. 1

Page 615

We are mindful of the Court's encouragement of the continued development of prison disciplinary procedures and of experiments within the disciplinary context directed toward rehabilitative goals. We are particularly aware of the Court's admonition that the minimum constitutional protections mandated by Wolff are not 'graven in stone' (418 U.S. at 572, 94 S.Ct. at 2982) and that the underlying constitutional concepts will be subject to reevaluation as changes in prison discipline evolve.

I.

'Privileges'

Our prior opinion extended the due process protections therein described '(e) ven (to) a temporary suspension of 'privileges,' by restricting the prisoner's activities to a greater extent than the general prison population . . ..' (497 F.2d at 818.) Because the Court in Wolff suggested that the due process procedures it commanded might not be required in proceedings involving 'lesser penalties such as the loss of privileges' (418 U.S. at 571, 94 S.Ct. at 2982, n. 19) we reconsider the point.

Any deprivation of the small store of 'privileges' accorded a confined or relatively confined group causes a far greater sense of loss than a similar deprivation in a free setting, as anyone can attest who has been a student in a strict boarding school, a sailor aboard ship, a combat soldier, or a prisoner in time of war or peace. Within prison walls, the denomination 'privileges' can encompass a host of matters, ranging from simple amenities through such cherished concerns as access to visitors, schooling, recreation, and institutional employment. Grievousness of the loss depends upon the nature and extent of the privileges withdrawn for disciplinary purposes and upon the circumstances and makeup of the prisoner who suffers the loss. Deprivation of the more highly valued privileges can have as debilitating an effect on the...

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61 practice notes
  • Soto v. City of Sacramento, No. Civ. S-79-680 LKK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 24, 1983
    ...2963, 41 L.Ed.2d 935 (1974). See also Clutchette v. Procunier, 328 F.Supp. 767 (N.D.Cal.1971), aff'd 497 F.2d 809 (9th Cir.1974), modified 510 F.2d 613 (9th Cir.1975) rev'sd on other grounds Baxter v. Palmigiano, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976). The court believes plainti......
  • Davis v. Balson, No. C 73-205.
    • United States
    • U.S. District Court — Northern District of Ohio
    • September 28, 1978
    ...privileges, require less procedural protection than do more serious deprivations, such as transfers. See, e. g., Clutchette v. Procunier, 510 F.2d 613, 615 (9th Cir. 1974), rev'd on other grounds sub nom. Baxter v. Palmigiano, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); Cardaropoli ......
  • Navarette v. Enomoto, No. 74-2212
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 9, 1976
    ...of Navarette's liberty or property interests requiring the procedural safeguards outlined in Clutchette v. Procunier, 497 F.2d 809, 510 F.2d 613 (9th Cir. 1974). 4 Other circuits are in essential agreement. See, e. g., Hoitt v. Vitek, 497 F.2d 598, 602 n. 4 (1st Cir. 1974); Howell v. Catald......
  • Spain v. Procunier, No. 76-1095
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 30, 1979
    ...hearing with the due process protections prescribed by the Ninth Circuit in Clutchette v. Procunier, 497 F.2d 809, as modified in 510 F.2d 613 (9th Cir. 1975), (Rev'd sub nom. Enomoto v. Clutchette, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976), vacated in part, 536 F.2d 305 (9th Cir. ......
  • Request a trial to view additional results
61 cases
  • Soto v. City of Sacramento, No. Civ. S-79-680 LKK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 24, 1983
    ...2963, 41 L.Ed.2d 935 (1974). See also Clutchette v. Procunier, 328 F.Supp. 767 (N.D.Cal.1971), aff'd 497 F.2d 809 (9th Cir.1974), modified 510 F.2d 613 (9th Cir.1975) rev'sd on other grounds Baxter v. Palmigiano, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976). The court believes plainti......
  • Davis v. Balson, No. C 73-205.
    • United States
    • U.S. District Court — Northern District of Ohio
    • September 28, 1978
    ...privileges, require less procedural protection than do more serious deprivations, such as transfers. See, e. g., Clutchette v. Procunier, 510 F.2d 613, 615 (9th Cir. 1974), rev'd on other grounds sub nom. Baxter v. Palmigiano, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); Cardaropoli ......
  • Navarette v. Enomoto, No. 74-2212
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 9, 1976
    ...of Navarette's liberty or property interests requiring the procedural safeguards outlined in Clutchette v. Procunier, 497 F.2d 809, 510 F.2d 613 (9th Cir. 1974). 4 Other circuits are in essential agreement. See, e. g., Hoitt v. Vitek, 497 F.2d 598, 602 n. 4 (1st Cir. 1974); Howell v. Catald......
  • Spain v. Procunier, No. 76-1095
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 30, 1979
    ...hearing with the due process protections prescribed by the Ninth Circuit in Clutchette v. Procunier, 497 F.2d 809, as modified in 510 F.2d 613 (9th Cir. 1975), (Rev'd sub nom. Enomoto v. Clutchette, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976), vacated in part, 536 F.2d 305 (9th Cir. ......
  • Request a trial to view additional results

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