Collins v. Hancock
| Decision Date | 23 February 1973 |
| Docket Number | 73-8.,Civ. A. No. 72-114 |
| Citation | 354 F. Supp. 1253 |
| Parties | Russell COLLINS, Jr. v. Parker L. HANCOCK, Warden, New Hampshire State Prison, et al. Russell COLLINS, Jr. v. Joseph VITEK, Warden of the New Hampshire State Prison, and State of New Hampshire. |
| Court | U.S. District Court — District of New Hampshire |
Richard Cotton, New Hampshire Legal Assistance, Concord, N. H., for plaintiff.
Robert V. Johnson, II, Asst. Atty. Gen., for the State of New Hampshire.
These are two civil rights actions instituted by the same petitioner who is confined in the New Hampshire State Prison. Since essentially the same issues are raised in both petitions, they were consolidated for hearing and both cases are treated as one in this opinion. Jurisdiction is based on 28 U.S.C. § 1343(3) and (4) which provides for original jurisdiction of the Federal Courts in all suits brought pursuant to 42 U.S.C. § 1983. The petition also asks for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure.
There was a hearing on February 7, 1973. The petitioner was represented by court-appointed counsel, Richard Cotton, and I wish to thank him for his voluntary participation in this case.
There are two issues before the court:
1. Whether or not the prison administrative procedure by which the petitioner was put in solitary confinement for thirty days and at a subsequent date placed in punitive segregation violated his constitutional right to due process of law; and
2. Whether or not the punishment imposed violated the Eighth Amendment constitutional guarantee against cruel and unusual punishment.
Petitioner started his prison term of not more than twenty years nor less than fourteen years on December 9, 1970. He had been found guilty by a jury of the offense of assault with intent to murder a policeman. He was also found guilty of unlawful possession of narcotics with intent to sell for which he received a suspended sentence of not more than ten years nor less than a year and a day in State Prison. Pursuant to NH RSA 607:9, the petitioner was also sentenced to serve fifteen days per year in solitary confinement in the years 1971, 1972, and 1973, for a total of forty-five days.
The petitioner's record is not a pretty one. It includes reckless operation of a motor vehicle with death resulting, robbery and assault, possession of a dangerous weapon, possession of narcotics, and unlawfully carrying a firearm. (Ex. A).
On the evening of August 6, 1971, an inmate, Staples, was stabbed several times in the abdomen with an ice pick or similar weapon. Some of the other inmates present assaulted Collins in the belief that he had done the stabbing. As many as fifty inmates threatened Collins and a prison guard took Collins to the hospital cell of the prison for his own protection. Collins' cheekbone and eye had been cut but, due to the quick action of Officer Thornton, he was not injured seriously. Warden Hancock talked to Collins in the hospital cell mainly in an effort to find out what kind of a weapon had been used so the doctors treating Staples at the hospital could know what was involved. Collins was put in solitary confinement that night and remained in solitary for thirty days. There was no hearing prior to the solitary confinement. Warden Hancock was concerned about what Collins might do to other prisoners and what they might do to him. After serving thirty days in solitary, Collins was transferred to the segregation section of the prison. Warden Hancock informed Collins on more than one occasion why he was in solitary and why he was kept in segregation. Collins remained in segregation until September 15, 1972.
No written punishment procedures were in effect on August 6, 1971. The unwritten procedure usually followed was that a written complaint was made by someone having personal knowledge of what happened and the prisoner was then brought before the Prison Disciplinary Board consisting of the Warden, the Deputy Warden, and one other prison official. The complaint was read to the inmate who had a chance to answer it. Complaints were usually disposed of in one day. Even this unwritten procedure was not accorded Collins. State criminal charges are now pending against Collins as a result of the incident of August 6, 1971.
On November 7 or 8, 1972, Warden Vitek, who had succeeded Warden Hancock after his retirement on September 1, 1972, learned that an inmate, Underhill, had been assaulted by another inmate. Underhill was bruised in the back of his neck. An investigation was made and statements taken from witnesses. Collins was identified by Underhill and several other inmates as the perpetrator of the assault. A hearing was held before the Prison Disciplinary Board consisting of the Warden and four other prison officials on November 8th. Both the Warden and one of the members of the Board, Officer Geary, had actively participated in the investigation. The investigation report was read to Collins, but he refused to deny or confirm it. No notice was given to Collins prior to the hearing. The Disciplinary Board felt that Collins presented a real danger of physical harm to the other prisoners. He had been overheard threatening an inmate with a "boat ride," which is prison slang for death, and he allegedly threatened to cut or bite off the finger of an inmate on which there was a ring that Collins coveted. Collins was transferred indefinitely to punitive segregation after the hearing and is still in punitive segregation. He has never received a written report of the decision nor has he been told how long he will remain in segregation.
Under Warden Vitek, a prisoner is allowed to state his case before the Disciplinary Board and a request for additional time to prepare for the hearing is customarily granted.
Dr. Henry Payson, a psychiatrist who is now working on a program relative to disturbed offenders at the prison, has interviewed Collins eight or nine times since July of 1972. After his initial interview, Dr. Payson made a tentative diagnosis that Collins had a sociopathic personality, was paranoid, had poor impulse control, and was impelled to commit aggressive acts. This diagnosis has now been discarded and the doctor has no diagnosis to offer at the present time. Dr. Payson testified that Collins is a very sensitive individual, is not paranoid or sociopathic, has a poor ability to assess and appraise reality, has a higher than normal intelligence, and is definitely not normal. The doctor stated frankly that he does not know what is wrong with Collins, but that he has an inexplicable trait of indulging in acts that are extremely harmful to him and self-defeating in the long run. Dr. Payson was quite definite in stating that segregation was harmful to Collins and that more than likely would result in more aggressive acts upon his release. He also made the obvious observation that indefinite punishment has an adverse psychological impact and is much worse than a definite sentence. According to Warden Hancock, Collins is amenable and easy to get along with ninety percent of the time, but five percent of the time he is dangerous, violent, and disruptive. The Warden's observation was basically the same as that of the psychiatrist. It is fair to conclude that Dr. Payson's observation of Collins gives little hope of effective psychiatric treatment, at least at this time.
Collins makes no claim of physical abuse by any of the prison officials. He has suffered no loss of mandatory or earned good time.
The general prison population is allowed to exercise twice a day and works regularly at prison assigned jobs. Movies are shown once a week and a prisoner is allowed full use of the prison library. Visitors can been seen at regular times. Prisoners are allowed to pursue a hobby. Collins' hobby was leather working and he sold his products through the prison hobby shop.
Punitive segregation severely limits a prisoner's life. He is confined to a cell 6' × 8' for twenty-three and one-half hours per day. For the remaining thirty minutes, the segregated inmate may walk in the corridor outside of the cell which is 8' wide and 66' long. The cell has a bed, a sink with hot and cold water, and a toilet. The prisoner is allowed a tooth brush. Showers are permitted on a daily basis. A segregated prisoner is allowed a radio in his cell and can use a typewriter by special appointment for legal matters. He gets the same food as the general prison population. Visiting privileges are not curtailed and mail is allowed under the same conditions as in the main prison.
Solitary confinement is the ultimate in prison punishment. A prisoner sentenced to solitary is confined in a cell 6' × 8' × 8' twenty-four hours a day. There is no light in the cell. The only source of light is from a bulb in the corridor outside of the cell door. The inmate is allowed one set of underwear as clothing. He is furnished two blankets. A mattress is put in the cell at 3:45 P. M. and removed at 8:00 A.M. No tooth brush is allowed. While in solitary, a prisoner receives no mail and is not allowed books or any reading material. The diet is restricted to four slices of bread for breakfast and lunch and a full meal for dinner with milk. No coffee or desert is allowed, but the inmate is allowed all the water he wants. The solitary cell or "hole" as the prisoners call it, is inspected at least three times a day by supervisory personnel. Under New Hampshire law, solitary confinement cannot exceed thirty days at one time. NH RSA 622:14.
From the foregoing facts, five basic findings are made:
1. The prison officials had reasonable grounds for believing that Collins had inflicted serious bodily harm on one inmate and at least attempted violence against another.
2. Given Collins' record, both...
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