Martinez v. Chavez, 77-1469
| Decision Date | 26 April 1978 |
| Docket Number | No. 77-1469,77-1469 |
| Parties | Federico F. MARTINEZ, Petitioner-Appellant, v. Palemon CHAVEZ, Mora County Sheriff, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Federico F. Martinez, pro se.
Toney Anaya, Atty. Gen., Ralph W. Muxlow, II, Asst. Atty. Gen., Santa Fe, N. M., for respondent-appellee.
Before SETH, PICKETT and McWILLIAMS, Circuit Judges.
Martinez is appealing dismissal of his civil rights action submitted to the district court pursuant to 42 U.S.C. § 1983. The action is related to events surrounding Martinez' incarceration in the Mora County, New Mexico, jail, and names as defendants a New Mexico state trial judge (Angel), two county prosecutors (Armijo and Vaughn), and the sheriff of Mora County (Chavez). Martinez sought both injunctive and monetary relief but, since he is no longer an inmate in the Mora County jail and makes no allegations regarding the likelihood of future confinement in the jail, we view only the monetary damages claim as viable.
Martinez' civil rights complaint included three separate counts, only two of which are relevant to this appeal. We first consider Martinez' contentions regarding an arrest which Martinez alleges was based on an unfounded escape charge. All four named defendants are alleged to be co-conspirators in this count. The district court concluded that the trial judge and two prosecutors were immune and dismissed the action as to them. Martinez then sought reinstatement of the action as to the judge and two prosecutors as well as to amend his complaint as to them. The district court denied reinstatement as to the three and neither granted nor denied the proposed amendment. Martinez now contends that the district court erred in failing to grant his motion to amend his complaint and to grant his motion to vacate the judgment dismissing the action as to the judge and two prosecutors.
We see no error in the district court's action regarding defendants Angel, Armijo and Vaughn. We have reviewed both Martinez' original and proposed amended complaints and find no allegations of fact which would support a finding that any of the three acted outside the scope of their judicial or prosecutorial duties. Defendant Angel was accordingly cloaked with judicial immunity, see Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967); and defendants Armijo and Vaughn with prosecutorial immunity, see, Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976); Atkins v. Lanning, 556 F.2d 485 (10th Cir. 1977). Dismissal as to each was proper. Following further proceedings discussed below, the district court also dismissed on this count as to defendant Chavez, stating that Martinez' allegations regarding false charges of escape relate to the state court, not Chavez. The record supports this conclusion.
We view as far more substantial Martinez' allegations that he was subjected over a four month period of time to cruel and unusual punishment, in the form of suffocating conditions, as a result of Sheriff Chavez' inactions regarding ventilation of the Mora County jail. Only Chavez is named as a defendant in this count. Review of the procedure employed by the district court in disposing of this count is warranted.
The district court granted Martinez leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) and service of process issued. Chavez answered, represented by the Attorney General for the State of New Mexico, arguing that Martinez' claims regarding ventilation of the jail fail to allege violation of a federal constitutional right; and, that Sheriff Chavez was not the responsible individual for overseeing proper ventilation of the jail. The district court ordered that the parties submit affidavits and counter-affidavits, including those of witnesses, and that "trial of the cause will be entirely upon the affidavits submitted in support of, and in opposition to, the complaint and Findings of Fact and Conclusions of Law and Judgment will be entered thereon."
Chavez submitted affidavits executed by himself and the County Planner for Mora County stating that: Martinez was a resident in the jail for approximately four months during which time he complained everyday about the ventilation system; the ventilation system was inspected at that time and found to be operating properly (even if inadequately); the Board of County Commissioners has ultimate responsibility for the jail, including the ventilation system; Martinez' complaints about the ventilation system were referred by the sheriff to the Board and the County Planner; the ventilation system has always worked and repair was never required; Martinez was never treated medically, while a resident in the jail, for a respiratory disease; and, Martinez was the sole complainant regarding the ventilation system.
Martinez responded, with affidavits executed by himself and another inmate, that: Martinez complained frequently and directly to Chavez regarding inadequate ventilation of the jail and his consequent respiratory complications; Chavez has direct responsibility for operation and maintenance of the jail; Chavez personally informed Martinez on numerous occasions that the ventilation system was out of order; Chavez, in Martinez' presence, informed the public defender and a law student that the system was out of order; Martinez was treated during the period in question for a respiratory disorder; numerous other inmates made the same complaint to Chavez regarding ventilation of the jail; and, medical records would show that Martinez was in fact suffering a respiratory disease as a result of incarceration in the Mora County jail.
Rather than conducting "trial by affidavit" as it initially proposed, 1 the district court implemented a procedure similar to that approved in our recently filed opinion, Martinez et al, v. Aaron (Malley, Warden), 570 F.2d 317 (10th Cir. No. 77-1395, filed January 23, 1978). Based on the pleadings and foregoing affidavits, the district court found Martinez' action to be frivolous and dismissed pursuant to 28 U.S.C. § 1915(d). 2
Whether or not a complaint states a cognizable legal claim, 3 the accuracy of facts alleged therein is always a point of contention. As recognized in Martinez, supra, the burden is on the United States district courts to develop effective and legally permissible methods of dealing with the ever increasing numbers of prisoner civil rights actions. It was in order to aid in determining which facts alleged in the complaint were relevant, accurate,...
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