Sparks v. Fuller
| Decision Date | 21 November 1974 |
| Docket Number | Nos. 74-1290,74-1267,74-1213,s. 74-1290 |
| Citation | 506 F.2d 1238 |
| Parties | Michael SPARKS et al., Petitioners-Appellants, v. Ronald FULLER, etc., Respondent-Appellee. Ashley A. FLAGG, Petitioner-Appellant, v. Joseph C. VITEK, etc., Respondent-Appellee. Michael J. CRONIN, Petitioner-Appellant, v. Ronald FULLER, etc., Respondent-Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
Michael Sparks, Lawrence D. Conklin and Ashley A. Flagg, on brief pro se.
Warren B. Rudman, Atty. Gen., David W. Hess, Asst. Atty. Gen. and Gregory H. Smith, Concord, N.H., on brief for respondents-Appellees.
Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.
The court takes the occasion of these three appeals from dismissal of prisoner complaints to indicate the kind of frivolous claim which, to the extent that it occupies the time of courts, can only impede the consideration of substantial claims. It is clear that the district court in each of these cases was correct in its treatment of the pro se claim.
We are cognizant of the importance of smaller liberties in the prison context, Palmigiano v. Baxter, 487 F.2d 1280 (1st Cir.), vacated and remanded on other grounds, 418 U.S. 908, 94 S.Ct. 3200, 41 L.Ed.2d 1155 (1974), and have frequently indicated strict adherence to the requirement that pro se complaints be treated in accord with the dictates of Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972) and Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1971), which require liberal construction and exploration of disputed issues of fact central to constitutionally recognized claims by way of affidavit or, if necessary, evidentiary hearing.
But there are limits to what complaints will be recognized in any context and in a prison setting 'there must be (a) mutual accommodation between institutional needs and objectives and the provisions of the Constitution that are of general application.' Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974). The complaints at issue here do a disservice to the prisoners' own cause. Assuming all the allegations to be true, they fail to describe conditions approaching what we or other courts have as yet treated as cruel or unusual punishment. They list extremely minor inconveniences without any allegations of purposeful discrimination, malicious intent or denial of process seriously believed to be due. They do not even allege the imposition of the described conditions or deprivations as punishment. See O'Brien v. Moriarty, 489 F.2d 941 (1st Cir. 1974).
Our hope is that by setting forth what we regard as examples of complaints that must be resolved within the prison system, we will discourage similar suits and enable the courts to focus on serious and important claims of prisoners. The first claim, presented in Sparks v. Fuller, seeks an 'injunction restraining (the Warden) from evicting 'Sneakers,' 'Rastus,' 'Socrates' . . . from the New Hampshire State prison without procedural due process in the form of adequate hearing.' The named evictees are cats and the prisoners claim to have...
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Williams v. Duckworth, S 81-437.
...outright denial of clothing, but rather with a provision of clothing (shoes) with which the plaintiff is dissatisfied. In Sparks v. Fuller, 506 F.2d 1238 (1st Cir.1974), the court reviewed a claim that an inmate of the New Hampshire Prison was dissatisfied with the kind of clothing issued t......
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Daigle v. Helgemoe
...County Jail, 419 U.S. 977, 95 S.Ct. 239, 42 L. Ed.2d 189 (1974). And while prisoners have abused the legal process, Sparks v. Fuller, 506 F.2d 1238 (1st Cir. 1974), there is little doubt that without federal judicial intervention, prisoners would still remain "non-persons" in the eyes of th......
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Crisafi v. Holland
...seriously believed to be due" do not state a claim of cruel and unusual punishment under the Eighth Amendment. Sparks v. Fuller, 506 F.2d 1238, 1239 (1st Cir. 1974) (complaints requesting injunctive relief to prevent eviction of prisoners' pet cats, to require certain kinds and quantities o......
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Tunnell v. Robinson, Civ. A. No. 79-361.
...of the institution to correct on each occasion when and where they occur since they are bound to occur on an almost daily basis. Sparks v. Fuller, 506 F.2d 1238, C.A. 1, 1974. Since it is not the function of courts to superintend treatment3 and discipline of prisoners in penitentiaries, and......