Stone v. Egeler
| Decision Date | 15 November 1974 |
| Docket Number | No. 74-1256,74-1256 |
| Citation | 506 F.2d 287 |
| Parties | David L. STONE, and Emory Hyatt, Jr., et al., Plaintiffs-Appellees, v. Charles EGELER, Deputy Warden, State Prison, Jackson, et al., Respondents-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Frank J. Kelley, Atty. Gen. of Mich., Robert A. Derengoski, Terrence P. Grady, Keith D. Roberts, Asst. Atty. Gen., James R. Stegman, Lansing, Mich., for respondents-appellants.
William Easton, Upper Peninsula Legal Services Inc., Marquette, Mich., for plaintiffs-appellees.
Before EDWARDS, McCREE and LIVELY, Circuit judges.
This is an appeal from injunctive relief granted against officers of the correction system of the State of Michigan as a result of a suit brought by two prisoners under 42 U.S.C. 1983 (1970). The prisoners had been suspected of being involved in illicit drug traffic at Jackson penitentiary in Michigan and as a result were transferred to Michigan's maximum security prison at Marquette. No hearing was held on the charges nor were they resolved by the Department of Corrections. Judge Fox, after a full hearing, held that the transfers were disciplinary in nature and occasioned 'serious and substantial deprivations' and that failure to grant a hearing represented a violation of federal due process. He entered an order enjoining such transfers absent a minimal due process hearing. He relied on Gomes v. Travisono 353 F.Supp. 457 (D.R.I.1973), which case was subsequently affirmed in part and reversed in part by the First Circuit, 490 F.2d 1209 (1st Cir. 1973).
Gomes v. Travisono has now been reversed and remanded by the United States Supreme Court for reconsideration in the light of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). See Travisono v. Gomes, 418 U.S. 909, 94 S.Ct. 3200, 41 L.Ed.2d 1155 (1974).
Since Wolff is now the definitive standard for prison disciplinary cases, there is a temptation simply to reverse and remand this case for reconsideration in the light of Wolff. Our reading of Judge Fox's opinion, however, convinces us that his finding that these transfers were disciplinary and resulted in substantial deprivations was correct and that the minimal hearing standards he required were wholly in accord with those of Wolff.
Although the issue was not presented below, we have examined the question of whether or not the District Court and this court had and has jurisdiction. See Sands v. Wainwright, 491 F.2d 417 (5th Cir. 1973). As...
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...court was unnecessary may have been an extremely narrow interpretation of the now repealed 28 U.S.C. § 2281. See Stone v. Egeler, 506 F.2d 287 (6th Cir. 1974); Currie, The Three-Judge Court in Constitutional Litigation, 32 U.Chi.L.Rev. 1 (1964). The import of the district court's decision o......
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...1013, 96 S.Ct. 444, 46 L.Ed.2d 384 (1975); Gomes v. Travisono, 510 F.2d 537 (1st Cir. 1974) (interstate transfers); Stone v. Egeler, 506 F.2d 287, 288 (6th Cir. 1974). Because of the difficulty in distinguishing between "administrative" and "punitive" transfers and because administrative tr......
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