Martinez v. Aaron, No. 77-1395

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE and McKAY; PER CURIAM
Citation570 F.2d 317
Decision Date23 January 1978
Docket NumberNo. 77-1395
PartiesDavid L. MARTINEZ, Petitioner-Appellant, Gregory L. Sharpe, Braulio Rodriguez, Ronald Lancaster, Eldridge Green, Richard Maldarude, Clarence Whiteley, James Cochran, Sandy Scott, Reynaldo Madrid, William J. Rowland, Joseph Bell, James Ranson, James Chiaramonte, David Crawford, Mike Colby, Roy Preas, Charles Crismore, Ronald Lee McDonald, Jessie X. Clark, Defendants, v. Ralph L. AARON, Warden, Capt. Joe F. Martinez, Lt. Benito Gonzales, Adelaido Martinez (Superintendent of Security), Clyde Malley, warden, Mike Hanrahan, Secretary of Corrections, Dr. Mark Orner, Individually and in their official capacities as Warden of the Penitentiary of New Mexico and other employees of the New Mexico Department of Corrections, Respondents-Appellees.

Page 317

570 F.2d 317
David L. MARTINEZ, Petitioner-Appellant,
Gregory L. Sharpe, Braulio Rodriguez, Ronald Lancaster,
Eldridge Green, Richard Maldarude, Clarence Whiteley, James
Cochran, Sandy Scott, Reynaldo Madrid, William J. Rowland,
Joseph Bell, James Ranson, James Chiaramonte, David
Crawford, Mike Colby, Roy Preas, Charles Crismore, Ronald
Lee McDonald, Jessie X. Clark, Defendants,
v.
Ralph L. AARON, Warden, Capt. Joe F. Martinez, Lt. Benito
Gonzales, Adelaido Martinez (Superintendent of Security),
Clyde Malley, warden, Mike Hanrahan, Secretary of
Corrections, Dr. Mark Orner, Individually and in their
official capacities as Warden of the Penitentiary of New
Mexico and other employees of the New Mexico Department of
Corrections, Respondents-Appellees.
No. 77-1395.
United States Court of Appeals,
Tenth Circuit.
Submitted Dec. 9, 1977.
Decided Jan. 23, 1978.

Page 318

David L. Martinez pro se.

Toney Anaya, State Atty. Gen., Ralph W. Muxlow III, Asst. Atty. Gen., Santa Fe, N.M., on behalf of appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE and McKAY, Circuit Judges, sitting en banc.

PER CURIAM:

This was commenced as an action under 42 U.S.C. § 1983, brought by twelve inmates of the New Mexico State Penitentiary. The complaint asserts the theft and confiscation of described personal property of the plaintiffs by the defendant correctional officers during the course of a routine shakedown. The shakedown or search was of a dormitory in the prison occupied by a considerable number of prisoners including the plaintiffs. The shakedown and stealing are also advanced as harassment of the prisoners. The section 1983 cause of action seems to be based on the theft confiscation of personal property. An injunction and damages are sought.

The trial court dismissed the complaint under section 1915(a) and (d) as frivolous in the preliminary proceedings. The basic requirement in these circumstances was set forth in Ragan v. Cox, 305 F.2d 58 (10th Cir.); see also Harbolt v. Alldredge, 464 F.2d 1243 (10th Cir.), and Bennett v. Passic, 545 F.2d 1260 (10th Cir.).

It is obvious that the routine shakedown was a disciplinary and security device to enforce the prison rules prohibiting the possession of contraband. The definitions of contraband are clear, and on appeal the petitioners appear to make no serious challenge as to definitions or even as to the determination by the officers as to what was contraband and what was not. The remaining items such as cigarettes, coffee, toothpaste, and underwear are asserted as having been stolen by the defendant officers. Weapons were found by the shakedown.

The determination as to what was contraband was made by the prison officers during the shakedown generally depending on whether the items were purchased from the prison store or not. As to the underwear reported stolen, the determination whether it was contraband apparently depended on its color. The toothpaste and hand towels were also sorted by the officers.

An explanation of the shakedown sorting was made by the prison officials during the course of an interrogation at the prison as ordered by...

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  • Mathis v. Brazoria Cnty. Sheriff's Office, CIVIL ACTION NO. H-08-3703
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 17, 2011
    ...of supervised release, a $100 assessment, and $750 in fines. (Docket Entry No. 13-2, Martinez Report, p. 10). 2. In Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978), the Tenth Circuit approved a district court's order that prison officials investigate the facts surrounding a civil rights su......
  • Prescott v. Johnson, Civil Action 6:18cv577
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • March 7, 2022
    ...to file a report addressing Plaintiff's deliberate indifference to his health and safety claims, in accordance with Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978) (cited with approval in Parker v. Carpenter, 978 F.2d 190, 191-92 (5th Cir. 1992)). (Dkt. #43). The Office of the Attorney Gen......
  • DeVargas v. Mason & Hanger-Silas Mason Co., Inc., HANGER-SILAS
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 7, 1988
    ...acts.") Indeed, in pro se prisoner cases we believe that the court may require what we call a Martinez report, see Martinez v. Aaron, 570 F.2d 317 (10th Cir.1978) (en banc), to determine if a trial is justified. See generally Gee v. Estes, 829 F.2d 1005, 1007 (10th Cir.1987) (per The Suprem......
  • Nowell v. Medtronic Inc., No. CIV 17-1010 JB\SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 29, 2019
    ...290 (10th Cir. 1993) ("In determining whether a plaintiff has stated a claim, the district court may not look to the Martinez [v. Aaron, 570 F.2d 317 (10th Cir. 1978) (" Martinez") ] report,[9 ] or any other pleading outside the complaint itself, to refute facts specifically pled by a plain......
  • Request a trial to view additional results
1016 cases
  • Mathis v. Brazoria Cnty. Sheriff's Office, CIVIL ACTION NO. H-08-3703
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 17, 2011
    ...of supervised release, a $100 assessment, and $750 in fines. (Docket Entry No. 13-2, Martinez Report, p. 10). 2. In Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978), the Tenth Circuit approved a district court's order that prison officials investigate the facts surrounding a civil rights su......
  • Prescott v. Johnson, Civil Action 6:18cv577
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • March 7, 2022
    ...to file a report addressing Plaintiff's deliberate indifference to his health and safety claims, in accordance with Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978) (cited with approval in Parker v. Carpenter, 978 F.2d 190, 191-92 (5th Cir. 1992)). (Dkt. #43). The Office of the Attorney Gen......
  • DeVargas v. Mason & Hanger-Silas Mason Co., Inc., HANGER-SILAS
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 7, 1988
    ...acts.") Indeed, in pro se prisoner cases we believe that the court may require what we call a Martinez report, see Martinez v. Aaron, 570 F.2d 317 (10th Cir.1978) (en banc), to determine if a trial is justified. See generally Gee v. Estes, 829 F.2d 1005, 1007 (10th Cir.1987) (per The Suprem......
  • Nowell v. Medtronic Inc., No. CIV 17-1010 JB\SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 29, 2019
    ...290 (10th Cir. 1993) ("In determining whether a plaintiff has stated a claim, the district court may not look to the Martinez [v. Aaron, 570 F.2d 317 (10th Cir. 1978) (" Martinez") ] report,[9 ] or any other pleading outside the complaint itself, to refute facts specifically pled by a plain......
  • Request a trial to view additional results

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