Parker v. Shade, 92-C-1199.

• Decision Date: 22 December 1994
• Docket Number: No. 92-C-1199.,92-C-1199.
• Citation: 872 F. Supp. 573
• Parties: Darnell PARKER, Plaintiff, v. Oscar SHADE, et al., Defendants.
• Court: U.S. District Court — Eastern District of Wisconsin

872 F. Supp. 573

Darnell PARKER, Plaintiff, v. Oscar SHADE, et al., Defendants.

No. 92-C-1199.

United States District Court, E.D. Wisconsin.

December 22, 1994.

Darnell Parker, pro se.

James E. Doyle, Jr., Wisconsin Dept. of Justice, Office of the Atty. Gen., Madison, WI and Richard Victor, Asst. Atty. Gen., Wisconsin Dept. of Justice, Milwaukee, WI, for defendants.

DECISION AND ORDER

RANDA, District Judge.

This case comes before the Court on defendant's motion for summary judgment. Based upon the reasoning, factual submissions, and authorities submitted by the defendants, adopted and incorporated here by this reference, the motion is granted. To summarize those submissions the plaintiff, who was incarcerated at the Racine Correctional Institution ("RCI") at the time of filing, claims that he was kept in program segregation status beyond the end of the program segregation period imposed in prison disciplinary proceedings brought against him. Specifically, he claims he spent thirteen (13) extra days in segregation at the Kenosha County Jail prior to his transfer to Racine, and twelve (12) days of extra program segregation at RCI. RCI officials clearly cannot be responsible for any violations which occurred at the Kenosha County Jail, so that claim is easily dismissed. As for RCI, defendants have submitted affidavits showing that plaintiff was transferred to RCI on August 31, 1992 in "maximum security" status. He was also in "program segregation status". Plaintiff was placed in the Waukesha West Housing Unit because that is where segregation prisoners are kept and also because it is the only maximum security housing unit at RCI. On September 1, 1992 (the very next day), plaintiff's case was reviewed and the reviewing committee determined that he had completed his program segregation time. On September 2, 1992, plaintiff's program segregation status was removed. This affected his classification and privileges, but plaintiff could not be removed from Waukesha West at that time because his status had not been changed from maximum to medium security. Such requires a recommendation from the Program Review Committee ("PRC"), which must be approved in Madison. The recommendation was made on September 8, 1992 and was approved on September 11, 1992, at which time plaintiff was released to the general prison population.

Under these facts, it is clear that no constitutional violation occurred. At worst, plaintiff's program segregation status lasted two (2) days longer than it should have. Prison authorities acted expeditiously and the two-day delay to follow the necessary internal procedures was reasonably related to the prison's compelling security interest to ensure the proper placement of prisoners. Once plaintiff was no longer in segregation status, his only remaining claim is that he should have been immediately transferred to the general...