Smith v. Swenson
Decision Date | 26 April 1971 |
Docket Number | Civ. A. No. 1495. |
Parties | Charles SMITH, Plaintiff, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Jefferson City, Missouri, et al., Defendants. |
Court | U.S. District Court — Western District of Missouri |
Charles Smith, plaintiff, pro se.
Kenneth M. Romines, Asst. Atty. Gen., Jefferson City, Mo., for defendants.
JUDGMENT OF DISMISSAL
In his complaint herein under the Federal Civil Rights Act, plaintiff, a state convict confined in the Missouri State Penitentiary, stated that he had been placed in the "C-Basement maximum security unit" because certain members of the general prison population have made and are making threats against his life; that, by such confinement, plaintiff "is now being treated the same as intractable prisoners who are being punished in C-Basement maximum security unit for violating the rules and regulations of the penitentiary"; that plaintiff's yard privileges and entertainment opportunities had been curtailed; that plaintiff was being deprived of educational opportunities; that he was being deprived of the opportunity to earn "merit time" by donating blood, by working and by other means; that he cannot purchase articles from the commissary; that he is subject to poorer living conditions than other prisoners; that he is denied the right to go to church; and that the C-Basement unit is negligently maintained by defendants in that the window is painted so that it does not let in light.
On December 12, 1969, defendants' motion to dismiss was denied because plaintiff's allegations, viewed in the light most favorable to him under the rule of Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80; Great Atlantic & Pacific Tea Co. v. Amalgamated Meat Cutters & Butcher Workmen of North America (C.A.8) 410 F.2d 650; and Leimer v. State Mut. Life Assur. Co. (C.A.8) 108 F.2d 302, may have stated a claim under the Federal Civil Rights Act.
Under the rule of Ivey v. Frost (C.A. 8) 346 F.2d 115, this Court issued its order on August 24, 1970, directing defendants to show cause why the leave originally granted plaintiff to proceed in forma pauperis should not continue. Defendants' response was filed, together with exhibits, on September 2, 1970. The substance of the averments in that response is as follows:
If the statements of the response were uncontradicted by plaintiff, none of plaintiff's federal rights had been violated. Therefore, plaintiff was granted an opportunity to reply to the factual averments of the response. Plaintiff was expressly invited to file a traverse to the response by an order of this Court. The traverse was filed on September 10, 1970. Pertinently, it stated that plaintiff denied any averments that he is unable to socialize in the general prison population and that he had requested maximum security assignment although he admitted that the classification committee had informed him that they had information which indicated plaintiff "would have a great deal of trouble if he was released to the general prison population" and that "he was placed in the C-Basement Maximum Security Unit * * * because someone (unknown to plaintiff) threw a knife and towel with several holes stabbed in it, into plaintiff's cell and plaintiff reported the incident to a prison guard and turned the knife and towel over to the guard."
Contrary to the order directing the filing of the traverse, however, plaintiff's statement of September 10, 1970, was not under oath. Plaintiff submitted a more complete statement on September 24, 1970, which was under oath and notarized, and which read as follows:
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