Leonard v. Mississippi State Probation and Parole Bd., GC 73-46-S.

• Decision Date: 21 February 1974
• Docket Number: GC 73-46-S.
• Citation: 373 F. Supp. 699
• Parties: Walter LEONARD et al., Plaintiffs, v. MISSISSIPPI STATE PROBATION AND PAROLE BOARD, et al., Defendants.
• Court: U.S. District Court — Northern District of Mississippi

373 F. Supp. 699

Walter LEONARD et al., Plaintiffs, v. MISSISSIPPI STATE PROBATION AND PAROLE BOARD, et al., Defendants.

GC 73-46-S.

United States District Court, N. D. Mississippi, Greenville Division.

February 21, 1974.

David M. Lipman, Miss. Prisoners' Defense Committee, Jackson, Miss., for plaintiffs.

Edwin A. Snyder, Sp. Asst. Atty. Gen., of Miss., Jackson, Miss., for defendants.

MEMORANDUM OF OPINION

ORMA R. SMITH, District Judge.

A. PROCEDURAL BACKGROUND

Walter Leonard, an inmate at the Mississippi State Penitentiary, filed this Section 1983¹ action on behalf of himself and all others similarly situated to redress an alleged deprivation under color of state law of rights, privileges, and immunities secured by the due process and equal protection clauses of the Fourteenth Amendment. Jurisdiction is invoked under 28 U.S.C.A. § 1343(3) and (4). A declaratory judgment is sought pursuant to 28 U.S.C.A. § 2201.

The named plaintiff has alleged that he and the members of the putative class — inmates who have served the minimum portion of their sentences necessary for initial parole eligibility under Mississippi law² have been arbitrarily excluded from consideration for parole, or "set off" in prison argot, for periods up to one year solely or partially because their prison files contain records of disciplinary measures imposed for infractions of penitentiary regulations. Moreover, plaintiff has alleged that the infractions occurred, if at all, and the subsequent disciplinary measures were imposed prior to the time minimal due process safeguards were instituted at the Mississippi State Penitentiary pursuant to the mandate of this court in Gates v. Collier.³ In short, plaintiff alleges that he and other similarly situated have been "set off" or denied the opportunity to be considered and interviewed for parole because of the defendants' reliance, in whole or in part, upon unconstitutional discipline records.

Plaintiff seeks an order enjoining the defendants' future reliance upon pre-Gates records when determining whether to consider an inmate for parole; a mandatory injunction directing the defendants to reconsider the parole eligibility of those inmates previously "set off" for pre-Gates infractions; and a declaratory judgment adjudging that the defendants' acts, policies, and practices violate rights guaranteed by the United States Constitution.

When the original complaint was filed, only the Mississippi Probation and Parole Board (Parole Board) and its five individual members were named as defendants. With the complaint, plaintiff also filed a motion for a preliminary injunction. He subsequently filed a motion for summary judgment, and the defendants filed a motion to dismiss. On June 28, 1973 the court conducted an evidentiary hearing, received oral testimony, and considered pending motions. After reviewing a transcript of the hearing, the court entered an order on July 31 overruling all motions but, sua sponte, granting plaintiff leave to amend the complaint.

Plaintiff appeared at the hearing after having conducted only minimal discovery. The testimony revealed that the Parole Board does not maintain files which contain records of prison conduct or misconduct. Instead, the Parole Board utilizes the standard inmate files maintained by and under the custody and control of the prison administration. The court concluded that, if any relief were available to the plaintiffs, complete and effective relief could not be granted absent jurisdiction over additional parties. Thereafter, plaintiff amended his complaint by leave of court and added as defendants the Mississippi Penitentiary Board (Penitentiary Board) and its individual members, the prison superintendent, and the Governor of Mississippi. Subsequently, the Governor was dismissed by order of the court.

In addition to adding parties defendant, the plaintiff also expanded the scope of this action. He alleges that the additional defendants utilize the pre-Gates discipline record in classifying or reclassifying inmates for camp assignments, in-prison vocational and educational opportunities, and the work release program. He seeks an order requiring the defendants to expunge alleged unconstitutional discipline records from the files of all inmates and to reclassify all members of the class who have been denied the opportunity to participate in work release, job training, and available educational programs because of reliance, in whole or in part, upon pre-Gates discipline records.

The action has been submitted to the court upon the transcript of the evidentiary hearing,⁴ stipulations, exhibits, and briefs. The cause is now ready for decision.

FINDINGS OF FACT

1. The Parole Board is charged by law with the duty of administering parole for inmates at the Mississippi State Penitentiary. Section 47-7-1 et seq. Miss.Code Ann. (1972). Once each month the Parole Board reviews inmate files which are maintained by the prison administration to determine (a) whether an inmate is eligible for parole consideration (b) whether an eligible inmate should be scheduled for a parole hearing, or (c) whether, because of discipline problems or other reasons, the inmate should be "set off", i. e., not afforded a parole hearing, for periods generally ranging from three months to one year.

The decision to schedule a parole hearing or grant or deny parole rests within the discretion of the Parole Board. State law, however, sets certain minimal requirements. See, Section 47-7-17, Miss.Code Ann. (Supp.1973).

2. Parole is normally a three stage process in Mississippi. The typical inmate must serve at least one-third of his sentence before he becomes eligible. Second, the inmate must be scheduled for a hearing before the Parole Board. Third, at the hearing the Board must determine that the inmate is a fit candidate for parole and that parole would promote the interests of society. It is the second stage which forms the basis for this litigation.

3. To determine the second stage, i. e., which inmates will be afforded a parole hearing, the Parole Board reviews the files of inmates three months before they become eligible by statute for parole. The files are maintained by the prison classification officer; he is employed by the superintendent and subject to the authority of the superintendent and the Penitentiary Board.

If the file reveals that an inmate's conduct has conformed to prison requirements and he is otherwise eligible, he may then be scheduled for a full hearing three months later; viz, in the month he first becomes eligible. However, if the file contains evidence of nonconforming conduct, particularly recent infractions, the inmate may, in the discretion of the Parole Board, be "set off" for a period generally ranging from three months to one year. When an inmate is "set off", his file is not again reviewed by the Parole Board until near the expiration of the "set off" period. As a practical matter, the inmate thus forfeits all chance for parole during the "set off" term.

4. The records of disciplinary infractions are maintained on separate sheets in the inmate's file. No differentiation is made between post- and pre-Gates offenses. The Parole Board considers the entire record when making its determination. Greater weight, however, is assigned to more recent offenses. The Parole Board does not independently review the files to insure their accuracy, but accepts them at face value.

5. On October 20, 1972 Honorable William C. Keady, Chief Judge of this court, entered a comprehensive opinion and order in gates v. Collier, 349 F. Supp. 881 (N.D.Miss.1972). He determined as a matter of law that prison disciplinary procedures were violative of the due process clause and required penitentiary officials to, inter alia, adopt a set of rules and regulations governing inmate conduct which conformed to minimal standards of due process. 349 F. Supp. 889. These rules and regulations were adopted on January 26, 1973.

6. Walter Leonard is an inmate at the Mississippi State Penitentiary; his present discharge date is August 12, 1975. One-third of his sentence expired on June 17, 1973. From the standpoint of time served, he became eligible for parole on that date. On March 27, 1973, Leonard was notified by the Parole Board that his eligibility for parole had been "set off" or continued for one year from June 1973 "due to prison conduct".

7. Prior to March 27, 1973, Leonard was charged with prison offenses on five occasions, chiefly for refusing to work. Leonard began serving his sentence on May 5, 1972. He was recorded as having breached prison discipline and regulations on May 30, 1972, June 6, 1972, October 16, 1972, December 28, 1972, and March 3, 1973 for an incident which occurred on February 28. The plaintiff was adjudged "not guilty" of the December 28 offense by the prison discipline council.

When the Parole Board determined that the named plaintiff would be "set off" for one year, they placed primary reliance upon the March 3 offense. However, the testimony revealed and the court finds that the Parole Board took his entire record into account, including offenses which occurred prior to January 26, 1973.

8. The Mississippi Penitentiary Board and the Superintendent are responsible for the operation and administration of the Mississippi State Penitentiary. Section 47-5-23, 25 Miss. Code Ann. (1972). The duty of classifying inmates has been delegated by statute to a committee of prison officers and employees. Section 47-5-99 et seq. Miss.Code Ann. (Supp.1973). Classification is a significant factor in the prison. An inmate's classification determines his "work duties, living quarters, educational, vocational and other rehabilitation programs, and privileges. . . ." Section 47-5-103 Miss.Code Ann. (Supp.1973).

Inmates are initially classified within 40 days of arrival at Camp 9, the reception center. They are initially classified to a particular camp. Each time an...