Mary and Crystal v. Ramsden, s. 78-1954

• Decision Date: 24 November 1980
• Docket Number: Nos. 78-1954,78-1955,s. 78-1954
• Citation: 635 F.2d 590
• Parties: MARY AND CRYSTAL, Plaintiffs-Appellees, Cross-Appellants, v. Gerard RAMSDEN, James Matthews, Edwin Morse, and Patricia Batterman, Defendants-Appellants, Cross-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 590

635 F.2d 590

MARY AND CRYSTAL, Plaintiffs-Appellees, Cross-Appellants, v. Gerard RAMSDEN, James Matthews, Edwin Morse, and Patricia

Batterman, Defendants-Appellants, Cross-Appellees.

Nos. 78-1954, 78-1955.

United States Court of Appeals, Seventh Circuit.

Argued Jan. 3, 1979.

Decided Nov. 21, 1980.

As Amended Nov. 24, 1980.

James H. Petersen, Wisconsin Dept. of Justice, Madison, Wis., for defendants-appellants.

Thomas E. Dixon, Madison, Wis., Harry F. Peck, Milwaukee, Wis., for plaintiffs-appellees.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and EAST, Senior District Judge. ^*

FAIRCHILD, Chief Judge.

On May 27, 1977 plaintiff-appellee and cross-appellant Mary brought this action under 42 U.S.C. §§ 1983 and 1988 on her own behalf and as representative of a class of residents of the Goodland State Camp, a Wisconsin juvenile correctional institution, seeking declaratory, injunctive, and monetary relief. Plaintiff Crystal was permitted to intervene in October, 1977. The complaint claimed among other things, that isolation imposed as discipline was cruel and unusual punishment, and that the discipline was imposed without due process.

The named defendants were Manuel Carballo, then Secretary of the Wisconsin Department of Health and Social Services, Allyn Sielaff, Administrator of the Division of Corrections, and Gerard Ramsden, Superintendent of Goodland State Camp. By subsequent amendment of the complaint, James Matthews, Superintendent of Wisconsin Correction Camp System, Gerard Ramsden's supervisor; Andrew Basinas, Director of the Bureau of Institutions, James Matthews' supervisor; Edwin Morse, a consultant to the Division of Corrections and Mary's treating psychologist; and Patricia Batterman, the Goodland Camp social worker, were added as defendants.

On August 9, 1977 the district court certified this action maintainable as a class action pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure and Mary's adequacy as representative of that class. In January, 1978, however, Goodland State Camp was closed, thereby releasing the inmates into other settings and rendering injunctive relief moot.

The money damage claims of Mary and Crystal were tried to a jury in March, 1978. The court submitted a carefully constructed form of special verdict.

The court answered certain questions as a matter of law finding that Matthews and Ramsden denied Mary and Crystal the right of each to present evidence in her behalf, other than her own testimony, at the disciplinary hearing, and finding that Batterman denied Crystal such right. Although the jury found that the denial caused injury to Mary and Crystal, and determined the amount of damages at $500 for Mary and $300 for Crystal, the court changed the answers on motion after the verdict so as to find that the denial did not cause injury, but that the sum of $1 should be awarded simply because of the denial of said right. These changes were made to conform to Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). The court did not submit the question of good faith in such denial but determined as a matter of law that each defendant should have known that the law required this opportunity or present evidence. The $1 awards were reflected in the judgment.

As to each plaintiff, the jury found that considering the length and conditions of her confinement in the security section, her confinement constituted cruel and unusual punishment; found that Matthews and Ramsden caused such imposition of punishment on both plaintiffs and Batterman caused it on Crystal; that Matthews and Ramsden did not act in good faith in imposing it, but Batterman did; that the cruel and unusual punishment caused injury to both plaintiffs; that the amount of money which would reasonably compensate Mary was $2,400, and Crystal $1,600.

The jury also found that Morse caused cruel and unusual punishment to be imposed on Mary by refusing her request to be seen by him; that he did not act in good faith in so doing; that his refusal caused Mary injury; that the sum of $2,900 would reasonably compensate her for the injury.

Judgment was entered that Mary recover $2,401 of the Matthews and Ramsden and $2,900 of Morse; that Crystal recover $1,600 of Matthews and Ramsden and $1 of Matthews, Ramsden, and Batterman. Defendants Carballo, Sielaff, and Basinas were dismissed. The judgment was made final in compliance with Rule 54(b), F.R.Civ.P., claims for declaratory relief not having been determined.

The district court awarded $20,125.77 attorney fees to plaintiffs. Some of plaintiffs' attorneys were employed by Youth Policy and Law Center, Inc., financed by government and other contributions. The court reduced the otherwise reasonable rates for these attorneys by 40% because of the absence of overhead such as would be incurred in private practice. The reduced figure for these lawyers and the otherwise reasonable compensation of plaintiffs' counsel in private practice were further reduced by 40% "to bring the total compensation allowed into more reasonable relationship with the (modest) monetary recovery in the case."

The court also awarded attorney fees of $1,546.78 to defendants Carballo and Basinas because the court deemed it unreasonable for plaintiffs to seek money damages from them and to fail to dismiss as to them as the case progressed, there being no evidence to show that they had been personally involved in the conduct complained of.

On appeal, defendants challenge the court's instructions on several subjects, certain rulings as a matter of law, the sufficiency of the evidence in only two particulars, and error in receiving a document as evidence. Plaintiffs, on their appeal, challenge the reduction in attorney fees allowed them, and the award of attorney fees to Carballo and Basinas.

I. Background

Most of the facts are undisputed. Mary (aged 17) and Crystal (aged 16) were placed in isolation following infractions of rules while residents at Goodland State Camp, a facility for delinquent female juveniles. Mary was accused of two attempts to escape, assault on a staff person, and not yielding to a command, all while returning from a visit to a doctor. Crystal was accused of cutting a hole in the security screen of a window in an attempt to escape.

Both girls were given hearings in accordance with institutional procedures. ¹ Mary appeared alone before a committee of three staff members who questioned her about the incidents. Mary acknowledged the two escape attempts but denied the assault. Ken, the staff person involved in the incident, also presented his version of the events. The Committee concluded that Mary should be punished by fifty days in isolation for the escapes, assault, and failure to yield to a command, with the remainder of her institutional stay to be served in the regular wing. Mary actually served approximately twenty-nine days of her sentence. Crystal also appeared alone before a disciplinary committee. Defendant Batterman was chairman. Crystal was sentenced to twenty days in isolation and actually served nineteen days.

The stipulated facts show that the solitary (or security) rooms were approximately seven and one-half feet by eleven feet with the following characteristics:

"The rooms contain a louvered window which could only be opened by staff with a special cranking device available to them. A security screen covered the outside of the window. The room contained only a metal frame bed and a mattress and, except in unusual circumstances, bedding. The door to the solitary room is a heavy thick door with three large separate locks and a small observation window measuring approximately four inches by five inches.

"The residents in solitary rooms were not allowed access to television, radio, record players or smoking materials. They were required to receive their meals in their rooms. They were not allowed to communicate with any of their peers while in solitary rooms. Girls not in solitary rooms were informed that they should not communicate with a girl who was in a solitary room. Every attempt was made by the Goodland staff to totally clear the halls when residents in solitary rooms were taken to the bathroom in order that the girls would not engage in conversation with other residents. Institutional policy was that no phone calls were allowed to girls in solitary rooms. Visitation was restricted to parents. Many of the girls did not have parents who could or would visit them. The girls in solitary rooms were required to wear pajamas twenty-four hours per day. It was Goodland State Camp policy that they were allowed a bathroom visit every two hours except between 11:00 p. m. and 7:00 a. m. in the morning. During the hours between 11:00 p. m. and 7:00 a. m., girls in solitary rooms were usually allowed a bathroom visit upon need. A covered pot was placed in the room for elimination purposes when they were not allowed to go the bathroom.

"Prior to June 3, 1977, the girls were in the solitary rooms for twenty-four hours per day with the exception of the bathroom and shower visits. Subsequent to June 3, 1977, they were allowed out for one hour per day but were not allowed to commingle with other residents. Books and reading materials were given to the girls in solitary rooms only upon request. In at least one instance, this request was denied. The parties disagree as to the motivation for the denial. Girls' requests to clean their rooms were denied on occasion. The parties disagree as to the motivation for the denial."

Mary remained in the initially assigned security room from May 5, 1977 to May 25, 1977, at which time she was placed in a room with more furniture. On May 29 she was transferred to a regular room, but with restrictions as to outside activities.

At trial Mary testified that her stay in isolation was made particularly difficult by the fact that her treating psychologist refused to visit her until the day before her...