Shabazz v. Cole, Civ.A. 96-10486-MBB.
| Decision Date | 24 August 1999 |
| Docket Number | No. Civ.A. 96-10486-MBB.,Civ.A. 96-10486-MBB. |
| Citation | 69 F.Supp.2d 210 |
| Parties | Ramadan SHABAZZ, Plaintiff, v. Kathleen A. COLE and James Matesanz, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Ramadan Shabazz, Norfolk, MA, plaintiff pro se.
Judith Buckley Hayman, Nancy White, Joan T. Kennedy, Department of Correction, Boston, MA, for Kathleen A. Cole, James Matesanz, defendants.
On August 13, 1999, after hearing five days of testimony and closing arguments, a jury returned a special verdict in favor of defendants Kathleen A. Cole ("Cole"), librarian at Bay State Correctional Center ("BSCC") in Norfolk, Massachusetts during the relevant time period, and James Matesanz ("Matesanz"), Superintendent at BSCC, on the remaining jury issues in the above styled civil rights action.1 This opinion addresses the fifth and sixth causes of action in the nature of certiorari under chapter 249 concerning the second disciplinary hearing.
Under the fifth and sixth causes of action, Shabazz asserts that Matesanz and Cole ("defendants") violated the Massachusetts Code of Regulations and the state constitution. Specifically, in the fifth cause of action, Shabazz asserts that the disciplinary hearing officer violated 103 C.M.R. §§ 430 et seq. and articles one, ten and 12 of the state constitution by finding him guilty without sufficient evidence. In the sixth cause of action, Shabazz contends that defendants denied him the right to produce witnesses and documentary evidence thereby violating 103 C.M.R. §§ 430 et seq. and articles one, ten and 12 of the state constitution.2
The administrative record, consisting of exhibit O and the tape recording of the December 1, 1995 disciplinary hearing, show the following.
On October 25, 1995, Cole issued a disciplinary report against Shabazz. Therein, she cited Shabazz for insolence toward a staff member and conduct which disrupts the orderly running of the institution. 103 C.M.R. §§ 430.24(1) & (8).3
The disciplinary report details an incident occurring in the BSCC library on October 25, 1995. As reported by Cole in describing the offense, Shabazz requested seven photocopies of a two page document. When Cole informed Shabazz that he would have to pay for the photocopying, he became loud and agitated. After quieting down, Shabazz completed a second institutional money slip for the photocopies. He then requested seven white envelopes from Cole. In accordance with instructions from the Deputy Superintendent, Cole told Shabazz that such envelopes were used for sending mail outside BSCC as opposed to sending mail within the institution. After Cole determined that four of the seven envelopes were addressed to BSCC staff, Shabazz became extremely agitated and loud. He also continued to harass Cole. (Ex. O).
Section 478.11 of chapter 103 of the Code of Massachusetts Regulations, entitled "Legal Services," sets forth the photocopying policy for legal documents at correctional institutions such as BSCC. The regulation provides that: 103 C.M.R. § 478.11(b).
The infractions in the disciplinary report were designated as major and Shabazz received a copy of the report prior to the scheduled hearing. In anticipation of the hearing, Shabazz requested the presence of five inmate witnesses with the notation that counsel would make the final choices. The inmate witnesses are as follows: Wendell Greenman ("Greenman"), Charles Taylor ("Taylor"), David Furlani ("Furlani"). Omar Abdullah ("Abdullah") and Robert Gonzalez ("Gonzalez"). In accordance with 103 C.M.R. §§ 430.11(5) and 430.14(4), Shabazz completed a request for representation and witness form listing the aforementioned witnesses and describing their expected testimony.
Two students from the Harvard Prison Legal Assistance Program represented Shabazz in connection with the October 25, 1995 incident. In an undated facsimile transmission to the hearing officer prior to the December 1, 1995 hearing, Shabazz' student attorneys requested testimony from Furlani, Abdullah and Greenman and an opportunity to inspect five categories of documents prior to the hearing.4
After two continuances, the hearing took place on December 1, 1995. The above noted students from the Harvard Prison Legal Assistance Program represented Shabazz at the hearing. At the outset of the hearing, the hearing officer accepted five affidavits from Greenman, Taylor, Furlani, Abdullah and Gonzalez into the record but denied Shabazz' motion to dismiss the charges based on the affidavits.
Shabazz' student attorneys then requested that the hearing officer address their discovery requests.5 With respect to the category of documents introduced at the hearing, the hearing officer cited two documents and stated that they would be able to get copies of the documents and that the documents would be included in a packet, presumably provided to Shabazz' student attorneys. As to the second category (incident reports), the hearing officer stated that there were no such incident reports other than the disciplinary report in question. Shabazz' student attorneys appeared satisfied and did not object to the hearing officer's resolution of these first two categories of discovery requests.
The hearing officer next considered Shabazz' student attorneys' request for staff evaluations and personnel files regarding Cole. He denied the discovery request as irrelevant and further explained that the proceeding was only a fact finding inquiry into what happened on October 25, 1995. Shabazz' student attorneys objected to the hearing officer's ruling.
As to the fourth and final category of discovery requests addressed at the hearing, the hearing officer listed the requested documents as the library services policy and the library rules. He further noted that such documents would be included in the packet. Shabazz' student attorneys reviewed the documents at the hearing and did not object to the resolution of this request.
Shabazz' student attorneys also moved to admit certain documents at the hearing. First, they requested admission of an affidavit from a Boston University professor, Shabazz' former teacher, in order to demonstrate that Shabazz was cooperative and courteous. The hearing officer denied the request because the professor was not present at the time of the October 25, 1995 incident and he was only concerned with what took place on October 25, 1995. Shabazz' student attorneys objected to the exclusion of the affidavit from the record.
The hearing officer also rejected as irrelevant the request by Shabazz' student attorneys to admit Shabazz' disciplinary history. The hearing officer also explained that he would consider Shabazz' disciplinary history in the event of a guilty finding. See 103 C.M.R. § 430.16(2). Shabazz' student attorneys objected to the hearing officer's ruling.
The final category of documents which Shabazz' student attorneys requested the hearing officer to consider was the disciplinary ticket issued by Cole against Shabazz in 1994. Restricting the testimony and documentary evidence to what happened on October 25, 1995, and characterizing the ticket as irrelevant, the hearing officer refused the request to admit the prior disciplinary ticket. Maintaining that the disciplinary ticket was relevant with respect to the relationship between Cole and Shabazz, Shabazz' student attorneys objected to the ruling.6
Also at the hearing, Shabazz' student attorneys requested that two inmates testify on behalf of Shabazz. The hearing officer denied the request because he viewed the testimony as similar to the information supplied by these inmates in their affidavits. Shabazz' student attorneys objected to the exclusion of the live testimony. They noted that such testimony was relevant because the two inmate witnesses were present at the time of the October 25, 1995 incident, witnessed the same events as Cole and saw something completely different.
Both Shabazz and Cole testified at the hearing. Shabazz denied being loud or agitated. He also explained that he wanted Cole to photocopy a letter addressed to Matesanz complaining about BSCC's photocopying policies. The letter, dated October 26, 1995, questions the practice of charging inmates for photocopying legal documents. The hearing officer generally restricted Shabazz' testimony to what happened on October 25, 1995.
Cole testified that she inspected the document which Shabazz wished to photocopy. Upon ascertaining that it was addressed to Matesanz, she determined it was not a legal document. She also inspected the envelopes and saw that a number of the envelopes were addressed to BSCC staff. In addition, Cole refused to answer several questions posed by Shabazz' student attorneys and interrupted their questioning a number of times. When asked about Shabazz' loudness, she characterized his tone of voice as inappropriate.
In a written decision, the hearing officer found Shabazz not guilty on the charge of disrupting the orderly running of the institution. After discounting two of the five inmate affidavits because one inmate did not witness the incident and the other was not objective, the hearing officer found Shabazz guilty of the charge of insolence toward a staff member. As stated in his written decision, the hearing officer based the guilty finding on the disciplinary report and Cole's testimony during the hearing. The hearing officer then reduced the disciplinary charge from a major to a minor infraction and sanctioned Shabazz to one week's loss of library privileges, albeit "excluding use of the law library." (Ex. O).
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