Cravatt v. Thomas, 74-C-235
| Decision Date | 22 August 1975 |
| Docket Number | No. 74-C-235,74-C-427,75-C-38 and 75-C-39.,74-C-443,74-C-235 |
| Citation | 399 F. Supp. 956 |
| Parties | Michael C. CRAVATT, Petitioner, v. Lieutenant THOMAS and Warden Fenton, Respondents. David C. BOSWELL, Petitioner, v. Charles F. FENTON, Respondent. Albert E. SMITH, Petitioner, v. Charles FENTON et al., Respondents. David M. SHOUP, Petitioner, v. UNITED STATES of America and Charles E. Fenton, Warden, F. C. I., Oxford, Wisconsin, Respondents. Ira James MURRAY, Petitioner, v. Charles E. FENTON et al., Warden, Federal Correctional Institution, Oxford, Wisconsin, Respondent. |
| Court | U.S. District Court — Western District of Wisconsin |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
David C. Mebane, U. S. Atty., Warren W. Wood, Asst. U. S. Atty., Madison, Wis.
Gretchen T. Vetzner, Madison, Wis., for petitioner, David C. Boswell, for respondents.
Mark A. Frankel, Madison, Wis., for petitioner, Albert E. Smith.
Michael C. Cravatt, pro se.
David Boswell, pro se.
Albert E. Smith, pro se.
David M. Shoup, pro se.
Ira James Murray, pro se.
These are petitions for writs of habeas corpus by inmates confined at the Federal Correctional Institution at Oxford, Wisconsin, in this district. In each proceeding, the respondent or respondents have opposed the petition on the ground, among others, that the petitioner has failed to exhaust his administrative remedies. I have consolidated these petitions for the purpose of addressing this single issue common to each. The status of each case with respect to this issue is as follows:
Petitioner Cravatt alleges that he is presently confined at the Federal Correctional Institution at Oxford; that he was chained to his bed and handcuffed; that the handcuffs cut his hands and wrists; that the chain went around the bed so that when he fell off the bed he was caught in the chain; and that he was not allowed to get up to use the toilet. Petitioner prays that his sentence be vacated or reduced to time served, and that he be awarded five hundred thousand dollars in damages. The respondents are Charles Fenton, the warden, and Alvin Thomas, a correctional supervisor. Respondent's motion to dismiss, and an affidavit filed in support of it, allege that petitioner has failed to exhaust administrative remedies. In his brief in opposition to the motion to dismiss, petitioner alleges that his complaint herein was filed prior to the time formal grievance procedures were provided for at Oxford. No procedure has yet been initiated by the court for factual inquiry into the question of exhaustion of administrative remedies in this case.1
In his petitition dated September 25, 1974, petitioner Boswell alleges that he is presently confined at the Federal Correctional Institution at Oxford; that respondent Fenton has failed and is failing to provide adequate protection for petitioner against assaults and rapes; and that respondent Fenton has conspired with others to keep petitioner in a constant state of fear and anguish. Petitioner requests immediate release from imprisonment and twenty-five thousand dollars in damages.
Respondent's motion to dismiss is supported by an affidavit alleging that petitioner has not filed a complaint within the formal grievance procedures established by the Bureau of Prisons. In a document entitled a "motion for summary judgment," apparently intended to be considered in opposition to the government's motion to dismiss, petitioner alleges that he has attempted to exhaust his administrative remedies within the Bureau. In support of this contention, he submits four letters from officials of the United States Bureau of Prisons, one to petitioner dated September 4, 1974, one to Senator Edward Kennedy dated November 1, 1974, one to Congressman Joe Evins dated September 13, 1974, and one to United States Senator Bill Brock dated September 3, 1974, all to the effect that the Bureau of Prisons' officials have reviewed petitioner Boswell's situation and believe that a transfer to another federal facility, requested by petitioner, is not called for. No provision has yet been made by this court for further factual inquiry into the question of exhaustion of administrative remedies in the case.
Petitioner Smith alleges that prior to September 15, 1974, he was incarcerated at the Lorton Reformatory in Virginia; that on September 15, 1974, he was transferred to the Federal Correctional Institution at Oxford; that he has suffered numerous deprivations as a result of that transfer; and that prior to that transfer, he was not accorded the procedural protections required by the due process clause of the Fifth Amendment. Petitioner requests release from imprisonment or, in the alternative, a return to Lorton Reformatory. Respondent's motion to dismiss the original petition, which I will treat as a motion to dismiss the amended petition as well, is supported by an affidavit alleging that petitioner has not filed a complaint within the formal grievance procedures established by the Bureau of Prisons. No provision has yet been made by the court for factual inquiry into the question of exhaustion of administrative remedies in the case. However, petitioner appears to concede that he has not pursued such remedies.
Petitioner Shoup alleges that he is presently confined in the Federal Correctional Institution at Oxford; that he has not received adequate medical treatment for nerve damage in his eye; and that respondent Fenton "via his administrative staff" has conspired to keep him in mental anguish. Petitioner requests release from imprisonment and damages of one hundred thousand dollars. Accompanying the respondent's response is an affidavit alleging that petitioner has not filed a complaint within the formal grievance procedures established by the Bureau of Prisons. Also accompanying said response is a copy of a letter from the petitioner to Warden Fenton, dated subsequent to the commencement of this proceeding, informing the respondent of the reasons the proceeding was commenced. No provision has yet been made by the court for factual inquiry into the question of exhaustion of administrative remedies in the case. However, petitioner appears to concede that he has not pursued such remedies.
Petitioner Murray alleges that he is presently confined at the Correctional Institution at Oxford; that on April 6, 1974, he was attacked by an inmate with a cue stick and kicked in the face by another inmate; that as a result of this incident, he was seriously injured; that respondent Fenton and his staff have generally failed to adequately protect petitioner from attacks, assaults, and sexual threats; and that respondent Fenton and his staff have conspired to keep petitioner in constant fear. Petitioner requests release from imprisonment and monetary damages of one hundred thousand dollars. Respondent's response is accompanied by an affidavit alleging that petitioner has not filed a complaint within the formal grievance procedure established by the Bureau of Prisons. No provision has yet been made by the court for factual inquiry into the question of exhaustion of administrative remedies in the case. However, petitioner appears to concede that he has not pursued such remedies.
Policy statement 2001.6A of the Bureau of Prisons, promulgated October 18, 1974, ". . . authorizes procedures by which offenders may seek formal review of complaints which relate to their imprisonment if informal procedures have not resolved the matter." The salient provisions of the statement are as follows: (1) A prisoner who cannot resolve his complaint informally writes his complaint on a complaint form and files it with the institution's staff. The institutional staff is to supply a signed written response within fifteen days. (2) If the prisoner is not satisfied with the institution's response, or if he does not wish to file with the institution initially, he can file a written complaint with the Regional Director. The director shall respond in writing within twenty days. (3) Finally, a written appeal may be made to the Assistant Director, Office of General Counsel and Review, Bureau of Prisons. A written reply is to be made in twenty days. There is no provision for a hearing to which witnesses might be called or even for a factual inquiry by means of affidavits; nor is there any provision for administrative findings of fact. No provision is made for the development of an administrative record, other than the prisoner's written complaint and the administrators' response. Presumably, a conscientious response to a complaint would require inquiries to be made by the administrators, but the nature of these inquiries, the identities of the persons to whom inquiries are made, and the statements given in response to the inquiries are not parts of any record required by the Policy Statement, except as they may be reflected in the administrators' response to the complaint.
I consider first the source and scope of this court's power to decide these actions. Each of these petitions seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. With the exception of the petitioner in 74-C-443,2 each petitioner clearly requests immediate release from every aspect of continued physical imprisonment. Petitioners are contending that they may not lawfully be physically imprisoned in any manner.3 28 U.S.C. § 2241(c)(3) states: "The writ of habeas corpus shall not extend to a prisoner unless he is in custody in violation of the Constitution or laws or treaties of the United States." To be entitled to a writ of habeas corpus releasing them from all forms of physical imprisonment, then, the petitioners must prove that it is illegal under the Constitution, or laws, or treaties of the United States for the respondents to continue physically to imprison the petitioners in any manner.
The United States contends that each of the petitioners in 74-C-...
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