Hadix v. Johnson

• Decision Date: 06 May 2004
• Docket Number: No. 03-1334.,03-1334.
• Citation: 367 F.3d 513
• Parties: Everett HADIX, et al., Plaintiffs-Appellees, v. Perry M. JOHNSON, et al., Defendants-Appellants.
• Court: U.S. Court of Appeals — Sixth Circuit

367 F.3d 513

Everett HADIX, et al., Plaintiffs-Appellees, v. Perry M. JOHNSON, et al., Defendants-Appellants.

No. 03-1334.

United States Court of Appeals, Sixth Circuit.

Argued: February 5, 2004.

Decided and Filed: May 6, 2004.

A. Peter Govorchin (argued and briefed), Leo H. Friedman (briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Appellants.

Elizabeth R. Alexander (argued and briefed), National Prison Project, Washington, D.C., Michael J. Barnhart (briefed), Detroit, MI, Patricia A. Streeter, Ann Arbor, MI, for Appellees.

Before KENNEDY, DAUGHTREY, and COLE, Circuit Judges.

KENNEDY, Circuit Judge.

Defendants appeal district court's issuance of an injunction in this long-pending case dealing with conditions within the State Prison of Southern Michigan, Central Complex (SPSM-CC). Defendants argue that the district court erred when it found that the failure to modify the long-existing structures and to take other steps to protect prisoners from injury or death by fire resulted in a constitutional violation. Defendants also argue that the district court improperly exercised its jurisdiction over facilities not subject to a Consent Decree. We reverse and remand on the issue of constitutional violation and affirm on the issue of jurisdiction.

BACKGROUND

In 1980, Everett Hadix and other prisoners incarcerated at the SPSM-CC brought a class action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan against various state officials charged with operation of SPSM-CC. In the complaint, the inmates alleged that the conditions of their confinement violated their rights under the First, Eighth, Ninth, and Fourteenth Amendments. On April 4, 1985, the parties entered into a Consent Decree covering most aspects of health care, fire safety, sanitation, safety and hygiene, overcrowding and protection from harm, volunteers, food service, management, operations, access to courts, and mail. Although the state officials admitted no liability on the claims, the Consent Decree explicitly stated that it was intended by the parties to assure the constitutionality of the conditions under which prisoners are incarcerated at SPSM-CC. Under the terms of the Consent Decree, the state officials retained the ability to apply for termination of the decree once they achieved full compliance with all decree provisions. The district court retained jurisdiction to enforce the terms of the Consent Decree until compliance was achieved. In 1992, the Eastern District of Michigan transferred the medical and mental health components of the Consent Decree to the Western District of Michigan.

In April 1996, Congress enacted the Prison Litigation Reform Act of 1995 ("PLRA"), Pub.L. No. 104-134, 110 Stat. 1321-66 (1996), amending 18 U.S.C. § 3626. Section 802(a)(1) of the PLRA directs that prospective relief in prison conditions cases "shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs." 18 U.S.C. § 3626(a)(1). Section 802(b)(2) of the PLRA entitles the defendant "to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right." 18 U.S.C. § 3626(b)(2). The prospective relief, however, "shall not terminate if the court makes written findings based on the record that prospective relief remains necessary [, narrowly drawn, and the least intrusive means] to correct a current and ongoing violation of the Federal right." 18 U.S.C. § 3626(b)(3). Following the enactment of PLRA, Defendants moved to terminate the Consent Decree pursuant to 18 U.S.C. § 3626(b)(2)-(3). On November 18, 1996, the district court ruled that the immediate termination provision of the PLRA was unconstitutional. In the same ruling, the court denied Defendants' motion for immediate termination and ruled that the Plaintiffs sustained their burden by proving the existence of constitutional violations as to sections II.A.3.b. Transfer Medical Evaluation; II.A.4.a. Sick Call Access Plan; II.A.5.a. Professional Staff; II.A.7. Chronic Disease Plan; and II.A.11. Problem Oriented Medical Record-Health Related Disabilities of the Consent Decree. Finally, the court also ruled that Plaintiffs failed to sustain their burden proving the existence of current constitutional violations as to the remaining health care provisions of the Consent Decree. Defendants appealed the November 18, 1996 order and this Court, in a January 22, 1998 Opinion, dismissed the appeal for want of jurisdiction.

On March 18, 1999, the Eastern District transferred sections I.P., I.Q., and I.S. of the Consent Decree (regarding water temperatures, housing temperatures, and ventilation, respectively) pertaining to facility B (Southern Michigan Correctional Facility or JMF) to the Western District. The Eastern District also transferred to the Western District Defendants' proposed alternatives to Facility A (Egeler Correctional Facility¹ or SMN). On December 2-3, 1999, the Western District conducted hearings on the medical health care provision of the Consent Decree and other issues transferred by the Eastern District.

On February 18, 2000, the district court issued its Order and Findings of Fact and Conclusions of Law. The district court reaffirmed its findings from November 18, 1996, that (1) Plaintiffs sustained their burdens by proving the existence of constitutional violations with regard to sections II.A.3.b., II.A.4.a., II.A.5.a., II.A.7., and II.A.11 and (2) Plaintiffs failed to sustain their burden of proving the existence of constitutional violations as to the remaining health care provisions of the Consent Decree and terminated its jurisdiction over those provisions. Additionally, the district court found that the temperature, ventilation and fire safety conditions at JMF, Egeler, and Administrative Segregation² support a finding of constitutional violations. The February 18, 2000 order was not final, as the district court reserved judgment on termination of other portions of the Consent Decree and the entry of any remedial order.

On July 12, 2000 the Eastern District transferred to the Western District Plaintiffs' claims that conditions in Facility C (State Prison of Southern Michigan — Central Complex or SMI) with regard to water, temperature and ventilation (Sections I.P., I.Q., and I.S., respectively), endanger the health of prisoners. On November 15, 2000, the Eastern District transferred to the Western District Plaintiffs' claims that the conditions in Facility D (Parnall Correctional Facility or SMT) with regard to temperature and ventilation (Sections I.Q and I.S., respectively). On November 8, 2001, Defendants notified the district court that as a result of a reduction in the MDOC's general fund budget, Facility C (or SMI), including the administrative segregation unit, would be vacated. On January 4, 2002, SMI was emptied of all prisoners. There are no current plans to reopen SMI, and any reopening of SMI would be contingent upon future bed space needs and finances.

On April 8, 2002, pursuant to a stipulation of the parties, the Western District terminated its jurisdiction over Section I.P. (water temperature) of the Consent Decree as to all Hadix facilities.³ On May 3, 2002, pursuant to a stipulation of the parties, it also terminated its jurisdiction over Section I.S. (ventilation) of the Consent Decree as to Blocks 1 and 3 of the Egeler Facility, Block 7 (the Reception and Guidance Center), Block 8 of the Parnall Facility, and SMI administrative segregation. On May 6-8, 2002, the district court conducted hearings on the remaining medical health care provisions of the Consent Decree and other issues transferred by the Eastern District. On October 29, 2002, the district court issued its Order and Injunction and Findings of Fact and Conclusions of Law. The court determined that the existing system of health care continues to violate sections II.A.3.b, II.A.4.a., II.A.5.a., II.A.7., II.A.11. of the Consent Decree and the Eighth Amendment. The court further found that Defendants' failure to protect prisoners from heat-related illnesses and the risk of injury from smoke and fire for prisoners with disabilities and chronic diseases resulted in current and ongoing violations of the Consent Decree and the U.S. Constitution.

On the basis of those findings, the district court concluded that termination of the remaining portions of the Consent Decree was inappropriate, that remedies are appropriate, and that further briefing and hearing were necessary to determine the scope of remedies. Accordingly, the district court ordered the parties to further brief the question of whether there is any alternative to compartmentalization,⁴ consistent with Section VIII of the Consent Decree, as a remedy for the fire safety problems and risks. After the briefing, the district court issued its Injunction on February 25, 2003, in which it ordered compartmentalization of the facilities as the fire safety remedy. The injunction applied to Facilities A (Egeler) and D (Parnall). The court further ordered Defendants to submit by December 31, 2003, a synopsis of their intended facilities and process modifications, detailed architectural site plans and construction schedule for approval by the court.

ANALYSIS

Defendants on this appeal argue that the district court abused its discretion and erred (1) by exercising its jurisdiction over facilities not subject to the Consent Decree⁵ and (2) in its conclusion that the MDOC's failure to protect prisoners from injury or death by fire constituted a constitutional violation. We address these contentions in turn.

I. Subject matter jurisdiction

Defendants...