Mason v. Sargent, 89-2362
| Decision Date | 18 May 1990 |
| Docket Number | No. 89-2362,89-2362 |
| Parties | Tommie E. MASON, Appellant, v. Willis H. SARGENT, Warden; Greg Lord, Hearing Officer Administrator; R.K. Noggle, Hearing Officer; J.E. Bishop, Correctional Officer, Cummins Unit; A.L. Lockhart, Director, Arkansas Department of Correction, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Tommie E. Mason, pro se.
Kelly A. Procter, Waldron, Ark., for appellees.
Before WOLLMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HEANEY, Senior Circuit Judge.
Tommie E. Mason, an Arkansas prisoner, appeals from an order of the district court 1 dismissing his pro se civil rights complaint.
Mason sued prison official and guards pursuant to 42 U.S.C. Sec. 1983, alleging that he had been unfairly disciplined. In support of his claim, Mason stated that on December 8, 1987, Officer Bishop searched Mason's locker box, found contraband pajamas allegedly made from altered bed linens and prison clothing, ignored inmate Walker's statement that Walker had placed the items in Mason's locker box, and charged Mason with four institutional rule violations. Mason stated that the disciplinary committee found him guilty of three of the four charges, placed him on thirty days' restriction, ordered him to make $27.28 restitution for damaged prison property, and reduced his status from class one to class three. Mason also alleged that prison officials involved in the appellate review process had failed to reverse the committee's decision.
Defendants filed a combination motion to dismiss/motion for summary judgment alleging that Mason had failed to state a claim. Defendants filed the affidavits of the charging officer, hearing officers, and appeal officers in support of the motion.
Officer Bishop's affidavit stated that on December 8, 1987, he searched Mason's locker box and found altered bed linens and prison clothing. He then charged Mason with four institutional rule violations.
Officer Noggle's affidavit stated that on December 17, 1987, he conducted a hearing on the violations and found that Mason had damaged state property, was in possession of contraband, had engaged in unauthorized activities, but was not guilty of the fourth rule violation.
Officer Lord's affidavit stated that he had reviewed Officer Noggle's decision. Lord noted that committee reviewed the incident report, inspected the items of altered sheets and clothing, and discounted a witness statement offered by Mason. Lord also stated that inmates are held responsible for items found in their locker boxes.
Warden Sargent's affidavit stated that he had reviewed the disciplinary proceedings, found that Mason had received due process and a fair and impartial hearing, and denied Mason's appeal. Director Lockhart's affidavit stated that he had also denied Mason's appeal.
In his reply to the defendants' motion, Mason stated that inmate Walker had admitted placing the altered sheets and clothing in a locker box that he and Mason shared. Mason argued that there was insufficient evidence of his guilt because no one had actually seen him alter prison property and Walker had exonerated him. Mason submitted a copy of the "Disciplinary Hearing Action Report," which states that "[W]itness Statement doesn't exonerate inmate [sic] of the charges." Mason requested that the defendants be directed to produce the allegedly contradictory statement for his inspection.
The defendants argued that Mason had no right to examine Walker's statement and that,...
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