Flaherty v. Coughlin, 1184
| Decision Date | 21 July 1983 |
| Docket Number | No. 1184,D,1184 |
| Citation | 713 F.2d 10 |
| Parties | Kerry FLAHERTY, Appellant, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services, Clark K. Wilson, Director, Temporary Release Program, and Dana M. Smith, Assistant Director of Temporary Release Programs, Appellees. ocket 83-2038. |
| Court | U.S. Court of Appeals — Second Circuit |
Randolph Z. Volkell, New York City (David C. Leven, Prisoner Legal Services, New York City, of counsel), for appellant.
Richard Howard, Asst. Atty. Gen. for the State of New York, New York City (Robert Abrams, Atty. Gen. for the State of New York, Gerald J. Ryan, Asst. Atty. Gen. for the State of New York, New York City), for appellees.
Before FRIENDLY, WINTER and PRATT, Circuit Judges.
Appellant Flaherty appeals from the dismissal of his complaint which alleged that he was denied temporary release in retaliation for his having brought certain litigation. Until his parole on November 4, 1982, Flaherty was incarcerated in the New York state correctional facility at Taconic where he was serving concurrent terms for a variety of crimes including first degree robbery, criminal possession of a weapon, second degree robbery, and criminally negligent homicide. Although his prison record reflects numerous disciplinary infractions, Flaherty's conduct and record have improved dramatically in recent years, due in part apparently to his absorption in the profession of jailhouse lawyer.
Prior to his transfer to Taconic from the Eastern Correctional Facility in December, 1980, Flaherty completed 77 credits at Ulster Community College, earning a place on the Dean's List. After his arrival at Taconic, Flaherty worked full time as a clerk/librarian in the prison law library and in the spring of 1981 was granted clearance to travel unsupervised to the Bedford Hills Correctional Facility for Women in order to teach a course in legal research.
Flaherty also was--and is--an active litigant. The most significant of the numerous suits in which he has been involved, and one implicated in the instant litigation, is Flaherty v. Coughlin, 81 Civ. 3077 . That class action challenged a statewide prison lockdown, imposed to enable guards to attend the funeral of fellow guard Donna Payant, and resulted in a temporary restraining order prohibiting the lockdown save as an emergency measure on an institution by institution basis.
In November, 1981, Flaherty applied for temporary release, N.Y.Correct.L. §§ 851-60 (McKinney Supp.1982-83), requesting "educational leave" to permit him to be absent from prison during the day in order to finish his college degree at New York University in Manhattan, see N.Y.Correct.L. § 851(7). Following the procedures outlined in N.Y.Correct.L. § 855, Flaherty submitted his application to the Temporary Release Committee ("TRC") at Taconic which promptly approved his request. The TRC cited Flaherty's improved disciplinary record, his completion of 77 college credits, a favorable recommendation from the corrections officer who was his employer in the library, his activities as a law library clerk and a legal research instructor, and its belief that Flaherty's "continued involvement in a degree program will faster (sic) ... [his] ... positive return to the community." In recommending his release, the TRC also gave Flaherty a score on its Temporary Release Point System 16.7% above the minimum required for temporary release.
Because at least one of Flaherty's convictions involved the infliction of serious bodily injury, his application for temporary release required the written approval of the Commissioner of Corrections. N.Y.Correct.L. § 851(2). Clark K. Wilson, Director of Temporary Release Programs, acting for the commissioner, overruled the Taconic TRC, explaining that Flaherty "has a record of violent and aggressive behavior which is characterized by the use, or threatened use, of weapons and/or physical force." Wilson also found that Flaherty had twice violated parole, and that Flaherty had jumped bail during his second trial for criminally negligent homicide. While acknowledging Flaherty's "programmatic achievements," Wilson stated that Flaherty's overall disciplinary record was marginal and that "in light of the inmate's prior record he is to be viewed as a threat to the safety and health of the community."
Flaherty appealed Wilson's decision, disputing much of its factual basis and essentially arguing that Wilson relied on events ten years in the past. On reconsideration, Dana M. Smith, Assistant Director of Temporary Release Programs, affirmed Wilson's assessment of Flaherty's history and prospects for successful participation in the program. In addition, Smith cited Flaherty's "inability to handle community supervision (Parole)" as a reason why his application for temporary release should be denied. Subsequently, on June 3, 1982 Flaherty commenced the present suit, alleging a violation of 42 U.S.C. § 1983 in that "the decision to deny plaintiff temporary release was made in retaliation for his participation in the class action, Flaherty v. Coughlin."
On August 12, 1982, Flaherty made a request for the production of documents which, he alleged, would enable him to prove his claim. On August 16, the Department of Correctional Services ("DOCS") agreed to provide all non-privileged documents in their possession regarding Mr. Flaherty's request for temporary release participation. In the interim and without providing the agreed upon documents, DOCS moved for summary judgment, contending that there was no dispute as to the facts that Flaherty has an extensive violent criminal record, had violated parole twice and jumped bail once. The DOCS also submitted documents purporting to be Wilson's decision overruling the TRC, Smith's decision affirming Wilson, a June 12, 1982, Memorandum from Mark Kinderman, Regional Coordinator of Temporary Release Programs, describing Flaherty as a person too dangerous to be...
To continue reading
Request your trial
-
Augusto Fernandes, Maria Fernandes, Acf Family Holding Corp v. Moran
..."[A] complaint which alleges retaliation in wholly conclusory terms may safely be dismissed on the pleadings alone." Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir. 1983), overruledon other grounds, Swierkiewicz v. Sorema N.A., 534 U.S. 506, 122 S. Ct. 992, 152 L. Ed. 2d 1 (2002); see also G......
-
Carson Harbor Village, Ltd. v. Unocal Corporation, Case No. CV 96-3281 MMM (RCx) (C.D. Cal. 10/29/2003)
...or the treating physician to have submitted a declaration authenticating the letter. This was not done," citing Flaherty v. Coughlin, 713 F.2d 10, 14 (2d Cir. 1983) ("Since verification can easily be provided and does establish evidentiary links essential to the motion, we see little reason......
-
Mitchell v. Rouse
...60 F.3d at 1166. "[C]ourts must approach prisoner claims of retaliation with skepticism and particular care. See Flaherty v. Coughlin, 713 F.2d 10, 13 (2nd Cir. 1983). This is [necessary because prisoners'] ... claims of retaliation are ... easily fabricated [and] pose a substantial risk of......
-
Ramsey v. Busch
...may be summarily dismissed absent any showing by the non-moving party of some specifics to support such claim. Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir.1983). As stated, in the instant case, Ramsey did not respond in opposition to Defendants' summary judgment motion on its merits. Defe......
-
CHAPTER 9, B. Is Under Oath Enough?
...Pa. 2011) ("[C]aution should be exercised in granting summary judgment where state of mind is in issue.") (quoting Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir. 1983)).[22] See United States Trustee v. Stokes (In re Stokes), 451 B.R. 44 (Bankr. D. Mont. 2011) (denying U.S. Trustee's motion......