Cornell v. Woods

• Decision Date: 08 November 1995
• Docket Number: Nos. 94-3548,94-3552,s. 94-3548
• Parties: Robert A. CORNELL, Appellee/Cross-Appellant, v. Charles WOODS; Harold Kropp; Charles Harper; Ronald Welder; John Henry; John Emmett; Larry Moline; and Paul Hedgepeth, Appellants/Cross-Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1383

69 F.3d 1383

Robert A. CORNELL, Appellee/Cross-Appellant, v. Charles WOODS; Harold Kropp; Charles Harper; Ronald

Welder; John Henry; John Emmett; Larry Moline;

and Paul Hedgepeth, Appellants/Cross-Appellees.

Nos. 94-3548, 94-3552.

United States Court of Appeals,

Eighth Circuit.

Submitted Sept. 14, 1995.

Decided Nov. 8, 1995.

R. Andrew Humphrey, Asst. Atty. Gen., Des Moines, IA, argued for appellant.

Michael P. Joynt, Des Moines, IA, argued for appellee.

Before FAGG, FLOYD R. GIBSON, and MAGILL, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Appellants (collectively the "prison officials") appeal the district court's ¹ order finding them liable under 42 U.S.C. Sec. 1983 (1988), and awarding inmate Robert A. Cornell $2,163.67 in actual damages and $29,039.00 for attorney's fees. In addition, Cornell has filed a cross-appeal challenging certain aspects of the district court's decision. Finding no error, we affirm the district court's opinion.

I. BACKGROUND

In 1977, the State of Iowa convicted Robert A. Cornell of first degree murder and sentenced him to life imprisonment with no possibility of parole. From 1976 until 1987, Cornell resided in the Iowa State Penitentiary ("ISP"), a maximum security prison. Cornell eventually achieved the designation of "honor lifer" due to his exemplary behavior and conduct at ISP. Because he also met certain other criteria, ² prison officials in 1987 approved his transfer to the John Bennett Correctional Center ("JBCC"), ³ a medium security facility located adjacent to ISP.

On September 18, 1987, two representatives from the penitentiary's internal affairs office interviewed Cornell concerning a suspected violation of institutional rules. Specifically, the officers were investigating allegations that Correctional Officer Harold Kropp had violated multiple rules prohibiting particular transactions between prison employees and inmates or members of inmates' families. At the interview, Major Harry A. Grabowski, the head of the internal affairs division, promised Cornell immunity from discipline if the inmate would cooperate in the investigation. While Major Grabowski did not possess independent authority to offer a prisoner exemption from punishment, he claims that Deputy Warden John Henry, now deceased, granted permission to extend immunity to Cornell. In response to Major Grabowski's pledge, Cornell admitted that he and Officer Kropp had contracted for the officer to construct a fence surrounding a house owned by Cornell's wife.

Four days after his conversation with Cornell, Major Grabowski questioned Kropp and informed the officer of the ongoing investigation and of the allegations against him. Correctional Officer Charles Wood, Kropp's union steward, was also present when Major Grabowski questioned Kropp. The internal affairs investigation culminated approximately three weeks later with Officer Kropp's compelled resignation from his employment with the ISP. With Officer Wood's assistance, Officer Kropp unsuccessfully attempted to obtain reinstatement through various grievance procedures outlined in the relevant union contract.

On October 26, 1987, subsequent to Kropp's resignation, Officer Wood prepared a disciplinary report alleging that Cornell had violated the institutional rule prohibiting contracts between inmates and employees. Deputy Warden Henry, notwithstanding the permission he had allegedly given Major Grabowski to grant Cornell immunity from punishment, determined that the report justified immediate disciplinary action and ordered Cornell's transfer from the medium security prison to ISP. Deputy Warden Henry apparently denied that he had authorized the immunity and refused, following several meetings with Cornell, to dismiss the charge.

Cornell thereafter initiated an administrative appeal in an attempt to obtain dismissal of the disciplinary report. As part of the process, Charles Harper presided over a three person committee that conducted a disciplinary hearing addressing Officer Wood's report. At the hearing, Cornell informed the committee of his promised immunity; additionally, Major Grabowski submitted a statement on Cornell's behalf confirming that he had granted the prisoner exemption from retribution. Despite this evidence, the committee determined that Cornell had violated the institutional rule and sentenced him to ten days of disciplinary detention, sixty days of administrative segregation, and loss of sixteen days of good time.

Cornell continued to utilize the administrative process and pursued further unsuccessful appeals to Ron Welder, Executive Assistant to the Warden, and Ken Wittry, another ISP employee. Cornell submitted a final appeal to Paul Grossheim, the acting director of the Iowa Department of Corrections. On December 30, 1987, Director Grossheim dismissed the disciplinary report and ordered that Cornell's record be expunged. Cornell was returned to JBCC on January 22, 1988, and the additional sanctions imposed by the disciplinary committee were never levied against him. At the time of his return to JBCC, Cornell had spent 89 days inside the maximum security prison facility.

Cornell later filed this 42 U.S.C. Sec. 1983 action against, among others, various prison officials mentioned above. Cornell's complaint essentially alleged that the state actors engaged in three types of unconstitutional conduct: retaliatory transfer, retaliatory discipline, and violation of Cornell's due process rights. Following a two day bench trial, the district judge refused to grant qualified immunity to the prison officials. Further, the district court found that the inmate had established he would not have been returned to the maximum security prison but for an unconstitutional retaliatory motive. In particular, the court found that prison authorities impermissibly transferred Cornell based on the prisoner's exercise of his First Amendment rights in talking to and cooperating with Major Grabowski. Consequently, Cornell prevailed at trial on his claim of retaliatory transfer.

The district court also decided that Cornell's transfer constituted retaliatory discipline. Largely because the additional sanctions ordered by the discipline committee were never imposed on Cornell, however, the court determined that Cornell did not state a viable retaliatory discipline claim for the punishment mandated after the disciplinary hearing. Finally, the district judge found in Cornell's favor on the due process claim.

The district judge ordered the prison officials to reimburse Cornell for his actual damages of $2,163.67, but the court refused to impose punitive damages. The district judge also asked Cornell's court appointed attorney to submit an application for attorney's fees to be paid by the prison officials. After the court, in response to defense objections, reduced the requested amount by $9,136.50, it ordered the officials to pay $29,039.00 in legal fees.

The prison officials timely appealed to this court. They assert that the district court committed error by: denying them qualified immunity; finding that they had impermissibly engaged in retaliatory discharge and retaliatory punishment; finding that Cornell was deprived of liberty without due process of the law; and awarding excessive attorney's fees. Cornell also presents to this court a cross-appeal in which he alleges that the district court: mistakenly found as nonretaliatory the sanctions ordered against him by the disciplinary committee; and erroneously declined to impose punitive damages against the prison officials. We consider these arguments below.

II. DISCUSSION

A. Retaliatory Transfer

It is certainly true, as the prison officials assert, that generally " 'a prisoner enjoys no constitutional right to remain in a particular institution....' " Goff v. Burton, 7 F.3d 734, 737 (8th Cir.1993) (quoting Murphy v. Missouri Dep't of Correction, 769 F.2d 502, 503 (8th Cir.1985)), cert. denied, --- U.S. ----, 114 S.Ct. 2684, 129 L.Ed.2d 817 (1994). In fact, prison administrators may ordinarily transfer a prisoner " 'for whatever reason or for no reason at all....' " Id. (quoting Olim v. Wakinekona, 461 U.S. 238, 250, 103 S.Ct. 1741, 1747-48, 75 L.Ed.2d 813 (1983)). Still, these precepts are limited by the prohibition against transferring a prisoner in retaliation for the inmate's exercise of a constitutional right. ⁴ Id. (citing Ponchik v. Bogan, 929 F.2d 419, 420 (8th Cir.1991)). To prevail on a claim of retaliatory transfer, the prisoner must show that impermissible retaliation was " 'the actual motivating factor for his transfer.' " Id. (quoting Murphy, 769 F.2d at 503 n. 1).

As a threshold inquiry, we must determine whether Cornell's exercise of a constitutional right precipitated the alleged retaliatory relocation in this case. In other words, did Cornell have a constitutional right to cooperate with Major Grabowski in the internal prison investigation? The Supreme Court has held that " 'lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.' " Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 2804, 41 L.Ed.2d 495 (1974) (quoting Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 1059-60, 92 L.Ed. 1356 (1948)). It is well established, though, that "a prison inmate retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legitimate penological objectives of the corrections system." Id.

We believe it to be self evident that ordinary citizens enjoy a constitutional privilege to freely participate in governmental investigations. ⁵ Even public employees, who receive only limited First Amendment protections in the employment context, are constitutionally shielded from employer retaliation for their participation in investigations concerning matters of public concern. Gorman v. Robinson, 977 F.2d 350, 356 (7th...