Goff v. Menke, s. 81-2041

• Decision Date: 18 March 1982
• Docket Number: 81-2109,Nos. 81-2041,s. 81-2041
• Parties: George GOFF, Appellee, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John Ossians, Appellants. George GOFF, Appellant, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John Ossians, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 702

672 F.2d 702

George GOFF, Appellee, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John

Ossians, Appellants.

George GOFF, Appellant, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John

Ossians, Appellees.

Nos. 81-2041, 81-2109.

United States Court of Appeals,

Eighth Circuit.

Submitted Feb. 12, 1982.

Decided March 18, 1982.

Thomas J. Miller, Atty. Gen. of Iowa, John G. Black, Sp. Asst. Atty. Gen., Craig S. Brenneise, Asst. Atty. Gen., Des Moines, Iowa, for appellants.

Paul H. Rosenberg, Rosenberg & Margulies, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and GIBSON, ^* District Judge.

LAY, Chief Judge.

The security director at the Iowa State Penitentiary, Jim Menke, appeals from the order of the district court, the Honorable Donald E. O'Brien presiding, granting relief to George Goff, an inmate at the penitentiary. Because Goff is a member of a class whose suit was both filed prior to his individual action and involves the issue raised in this action, we vacate and remand his claim for equitable relief to the district court with instructions to dismiss this claim without prejudice and to instruct Goff to pursue any further equitable relief through the class representative in the pending class action.

Facts.

As a result of misconduct, Goff was, at the time he filed his complaint, in administrative segregation. On October 17, 1980, plaintiff filed a pro se complaint in federal court alleging denial of sufficient exercise in violation of a preliminary injunction issued in Gavin v. Ray, No. 78-62-2 (S.D.Iowa May 1, 1978) (order granting preliminary injunction), and denial of his fourteenth, eighth, and first amendment rights. In his complaint, Goff requested (1) that defendant be ordered to immediately stop suspending prisoners' right to exercise; (2) that plaintiff be given $1,000 from each defendant; (3) that plaintiff be removed from "the hole" and placed back in the general population; and (4) that he receive $10,000 in punitive damages "and whatever else the court deems proper." Trial was held on February 6, 1981. Goff appeared pro se with the "legal assistance" of a fellow inmate. The district court granted equitable relief, but denied money damages.

In addressing the issue of equitable relief, the district court stated that it "was appropriate in this case to fashion a remedy which would run to the benefit of all inmates similarly situated to plaintiff without actually certifying a class action." In evaluating Goff's claim, Judge O'Brien both interpreted the Gavin order and directly evaluated the eighth amendment issue. Gavin involves conditions of confinement and procedures affecting prisoners in administrative and disciplinary segregation at the Iowa State Penitentiary. In Gavin, a class of inmates in administrative or disciplinary segregation was certified on July 23, 1980. In granting the preliminary injunction in Gavin, Judge William C. Hanson ordered:

Defendants shall ensure that plaintiffs and others who may be confined in either an administrative or disciplinary status for a period of thirty consecutive days or more are each afforded an opportunity for a total of one hour of exercise each week, except weekly exercise need not be afforded to an inmate who is serving a punishment of 10 days solitary confinement or less.

Judge O'Brien found that prison officials initially interpreted this order as not requiring any exercise until a prisoner had been in administrative or disciplinary segregation for 30 consecutive days. He held that the order required exercise beginning the first week of segregation.

Judge O'Brien then found that the prison had revised its original policy and, at the time of trial, permitted security unit inmates two one-hour exercise periods per week. He held that this policy "is constitutionally adequate for those inmates placed in such status for a period of thirty days or less." But the court also held that "(f)or inmates in restricted status for a longer period, the weekly exercise period should be increased."

Although plaintiff's complaint did not directly raise the issue, Judge O'Brien next addressed the issue of exercise clothing. He found that prisoners were not provided with clothing suitable for outdoor exercise during the winter. Judge O'Brien held that the prison had violated an order of Judge Harold D. Vietor in a class action entitled Lenz v. Baughman, No. 79-81-2 (S.D.Iowa June 20, 1980). Judge Vietor ordered prison officials to provide the prisoner plaintiffs with "adequate exercise clothing in winter." Judge O'Brien granted certain specified relief for inmates in security status.

Issues.

The State urges that the district court erred in granting class-wide relief or any relief when the issues had already been preliminarily resolved and were pending final resolution in a class action to which plaintiff, as a class member, was a party. We must agree.

In deference to the district court, we think the State erred in its original position statement. The State did not move for consolidation of this case with Gavin. Furthermore, the State informed the trial court that the issues presented in this case were not related to the issues in Gavin. We disagree. For reasons of law as well as judicial economy Goff's case should have been transferred to the trial judge who entered the preliminary relief in the Gavin case and, to the extent that injunctive relief was sought, Goff should have been required to proceed through the class representative or through intervention. He could have pursued his individual damage claim in the same court.

Two of the primary purposes underlying Fed.R.Civ.P. 23 are avoidance of both duplicative litigation and inconsistent standards. Amendments to Rules of Civil Procedure advisory committee notes, 39 F.R.D. 69, 100, 102-03 (1966). Both of these policies are undermined when two suits challenging the same prison conditions are allowed to proceed.

After rendition of a final judgment, a class member is ordinarily bound by the result of a class action. This court has on several occasions refused to allow prisoners to relitigate issues decided in prior class actions. Smallwood v. Missouri Bd. of Probation and Parole, 587 F.2d 369 (8th Cir. 1978); Cotton v. Hutto, 577 F.2d 453 (8th Cir. 1978). If a class member cannot relitigate issues raised in a class action after it has been resolved, a class member should not be able to prosecute a separate equitable action once his or her class has been certified. If class members seek individual money damages, the district court can dispose of those claims on an individual basis. However, in order to avoid duplicative actions as well as inconsistent interpretations of the same decree, wherever possible the individual claims should be processed by the same court which renders the equitable relief.

Judge O'Brien could have dismissed plaintiff's complaint without prejudice and instructed plaintiff to seek the cooperation of the class representative in Gavin or to intervene in the Gavin action. He might also have held the damage action in abeyance pending resolution of Gavin. See Cotton, 577 F.2d at 454. Additionally, he might have treated Goff's pro se...