Hagan v. Tirado

• Decision Date: 17 August 1995
• Docket Number: No. CV 94-4583-ABC(RMC).,CV 94-4583-ABC(RMC).
• Citation: 896 F. Supp. 990
• Parties: Brian P. HAGAN, Plaintiff, v. Maria C. TIRADO, Lieutenant, United States Penitentiary, Lompoc, California, Defendant.
• Court: U.S. District Court — Central District of California

896 F. Supp. 990

Brian P. HAGAN, Plaintiff, v. Maria C. TIRADO, Lieutenant, United States Penitentiary, Lompoc, California, Defendant.

No. CV 94-4583-ABC(RMC).

United States District Court, C.D. California.

August 17, 1995.

Brian P. Hagan, Lompoc, CA, pro se.

Julie Zatz, Assistant United States Attorney, Los Angeles, CA, for defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

COLLINS, District Judge.

Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.

IT IS ORDERED that the Report and Recommendation be adopted in its entirety.

IT IS FURTHER ORDERED that a Judgment be issued dismissing with prejudice the Complaint and action.

IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order and the Judgment of this date on the parties.

REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE

CHAPMAN, United States Magistrate Judge.

This report and recommendation is submitted to the Honorable Audrey B. Collins, United States District Judge, pursuant to the provisions of 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central District of California.

BACKGROUND

Plaintiff, a federal prisoner incarcerated at the United States Penitentiary (U.S.P.), Lompoc, California, proceeding pro se and in forma pauperis, filed a Bivens¹ action against Lieutenant Maria C. Tirado, a federal employee at U.S.P. Pursuant to 28 U.S.C. § 1331, plaintiff seeks monetary damages for violation of his constitutional rights under the Fifth and Eighth Amendments to the United States Constitution.

Plaintiff alleges that on April 8, 1994, defendant involuntarily placed him in administrative detention as a "protective case" by forging his signature to an administrative detention request, falsely reflecting that he had voluntarily sought protective custody. Plaintiff further contends that defendant, by falsely placing him in administrative detention as a voluntary detainee, deprived him of his due process right under the Fifth Amendment to a hearing within seven days of administrative detention, as required by 28 Code of Federal Regulations (C.F.R.) § 541.23(b).² Plaintiff also alleges that being placed in administrative detention labeled him a "protective custody" case, thereby placing him "in imminent danger" and causing him mental distress in violation of the Eighth Amendment.

On October 3, 1994, defendant filed a Motion to Dismiss, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), or, in the alternative, a Motion for Summary Judgment, pursuant to Fed.R.Civ.P. 56. Exhibits and declarations were attached to defendant's motion. On October 6, 1994, the Court gave plaintiff notice that he should become familiar with Rule 56 and advised him that, to resist summary judgment under Rule 56, he must respond by submitting affidavits or other documentary evidence setting forth specific facts showing there is a genuine issue for trial. Plaintiff requested an extension of time to respond to defendant's motion, which was granted. On October 26, 1994, plaintiff filed an objection to defendant's motion and attached thereto several exhibits, including three declarations. Defendant's reply was filed on November 7, 1994.

The facts of the case are, as follows: On April 8, 1994, defendant placed plaintiff in administrative detention as a "protective case" after she learned his life was in danger because he owed money to unidentified inmates who supplied him with drugs. Later that day, plaintiff was provided with a copy of the administrative detention order. No formal hearing was held within seven days of plaintiff's placement in administrative detention. Plaintiff remained in administrative detention for several months, despite efforts by prison authorities to return him to the general population. During the time he was in administrative detention, plaintiff refused to attend review hearings held on May 6, June 10, July 8, September 10, and October 10, 1994.

Plaintiff does not dispute that he was in danger in the general population or that defendant did not have cause to place him in protective custody. He disputes that he voluntarily sought protective custody, and asserts he was involuntarily placed in protective custody. The Court has assumed plaintiff's version of the facts to be true; but as discussed below, that is not a material issue of fact.

DISCUSSION

The Court has determined to treat the motion to dismiss as a motion for summary judgment. Rule 12(b)(6) provides that a motion to dismiss "for failure of the pleading to state a claim upon which relief can be granted ... shall be treated as a motion for summary judgment and disposed of as provided in Rule 56" if matters outside the pleadings are presented to the court and "all parties are given reasonable opportunity to present all material made pertinent to such a motion...." Plaintiff was given that opportunity, and he did present pertinent material.

Fed.R.Civ.P. 56(c) authorizes the entry of summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." The standard for granting a motion for summary judgment is essentially the same as for granting a directed verdict. Judgment must be entered "if, under the governing law, there can be but one reasonable conclusion as to the verdict...." If reasonable minds could differ, judgment should not be entered in favor of the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-51, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).

The moving party bears the initial burden of identifying the elements of the claim in the pleadings, or other evidence, which the moving party "believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Zoslaw v. MCA Distrib. Corp., 693 F.2d 870, 883 (9th Cir.1982). An issue of material fact is one that affects the outcome of the litigation and requires a trial to resolve. See S.E.C. v. Seaboard Corp., 677 F.2d 1301, 1305-06 (9th Cir.1982). The burden then shifts to the non-moving party to establish, beyond the pleadings, that there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. More than a "metaphysical doubt" is required to establish a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The parties bear the same substantive burden of proof as would apply at a trial on the merits. Liberty Lobby, 477 U.S. at 252, 106 S.Ct. at 2512.

The landmark Bivens decision established that a federal cause of action exists for a citizen to recover damages resulting from federal agents' violation of the Fourth Amendment. This cause of action, generally known as a Bivens action, has been extended to allow a claim for a citizen to recover damages from federal agents' violation of the due process clause of the Fifth Amendment. Davis v. Passman, 442 U.S. 228, 239 n. 18, 99 S.Ct. 2264, 2274 n. 18, 60 L.Ed.2d 846 (1979).

Liberty interests protected by the due process clause of the Fifth Amendment may originate in the Constitution or in federal laws and binding regulations. In order to determine whether a constitutional violation has occurred, a determination must initially be made that a protected liberty interest exists and secondarily as to what process is due. Federal prison authorities have an obligation to protect inmates in federal institutions from harm (18 U.S.C. § 4042) and to ensure they "live in a safe and orderly environment" (Section 541.10(a)). Toward that end, prison authorities may discipline inmates who violate prison rules and may take inmates into protective custody who are in danger.

The federal regulations establish two separate, but parallel, schemes for removing inmates from the general prison population and placing them into special or segregated housing units. Inmates who violate prison rules, and are disciplined, are placed in disciplinary segregation, or special housing units, on a temporary basis, not exceeding five days, or on a long term basis following a hearing before the disciplinary hearing officer (DHO). Section 541.20. The hearing procedures before DHO are governed by Section 541.17, which provides wide-ranging protections for the inmates.³ Section 541.23(a) sets forth several categories of inmates who may be considered "protective cases" for administrative detention. These categories include, among others, victims of assault, informants, former law enforcement and correctional officers, inmates subject to sexual and other pressures, and an "inmate who is in serious danger of bodily harm."⁴ An inmate may request protective custody or be placed in protective custody by prison authorities against his will. Section 541.22(a). Inmates voluntarily and involuntarily placed in protective custody are housed together in the same segregated housing units, in administrative detention.

The Warden is authorized to appoint a segregation review officer (SRO) "to conduct reviews of inmates placed in administrative segregation protective custody ... in accordance with the requirements of § 541.20 and § 541.22." Section 541.16(d). It is SRO's duty to "review the status of inmates housed in administrative detention." Section 541.22(c). The Warden may delegate authority to place an inmate in administrative detention to lieutenants at the institution. Section 541.22(a). An inmate voluntarily placed in...