Street v. Rakiey
| Decision Date | 30 March 1993 |
| Docket Number | 91-1928,Nos. 92-1927,s. 92-1927 |
| Citation | 989 F.2d 484 |
| Parties | NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases. Richard A. STREET, Plaintiff, Appellant, v. Paul RAKIEY, et al., Defendants, Appellees. |
| Court | U.S. Court of Appeals — First Circuit |
Appeals from the United States District Court for the District of Massachusetts
Richard A. Street on brief pro se.
Nancy Ankers White, Special Assistant Attorney General, and Catherine A. Arnold, Counsel, Department of Correction, on brief for appellees.
Before Breyer, Chief Judge, Selya and Cyr, Circuit Judges.
Plaintiff Richard Street, an inmate at MCI-Cedar Junction in Massachusetts, was charged in 1990 with two disciplinary offenses. After conducting separate hearings, prison officials in each instance found plaintiff guilty and imposed a sanction of isolation time. Plaintiff thereafter filed these pro se actions under 42 U.S.C. § 1983, alleging that the two disciplinary hearings suffered from assorted due process violations. He requested relief in the form of damages and the removal of the offenses from his record. Named as defendants were the prison superintendent and other correctional officials. In both cases, over plaintiff's opposition, the district court granted defendants' motion to dismiss under Fed. R. Civ. P. 12(b)(6). Plaintiff now appeals.
Plaintiff advances the following factual allegations. 1 Appeal No. 92-1927 involves an incident on June 18, 1990 in which plaintiff is alleged to have destroyed a light fixture. William Cabino, the reporting staff person, prepared a disciplinary report stating as follows: (1) at 6:55 a.m., Cabino was directed to remove plaintiff from a security cell "due to his disruptive behavior"; (2) upon entering the cell, he noticed that a lighting fixture had been broken; and (3) a subsequent search uncovered a five-inch piece of metal located under a mattress and a "large piece of glass" located under the toilet, both of which "apparently came from the lighting fixture." Plaintiff was charged with four code offenses under 103 C.M.R. § 430.24 (1987), including possession of a weapon and willful destruction of state property.
At the disciplinary hearing, which was held on June 28, 1990, plaintiff pled not guilty by reason of insanity. In his complaint, he alleges that he submitted a written request for two witnesses-Cabino and Dr. Navaras, a prison psychiatrist-but that a correctional official (Lt. Ayala) tore up the witness form in plaintiff's presence. The record of the hearing contains a partial reference to this matter, explaining the denial of plaintiff's request for witness(es) as follows:
Request for witness Dr. Navaras denied in accordance with CMR 430.11(4). [ 2 Failed to submit witness form. Inmate Street claimed Lt. Ayala tore it up. Lt. Ayala states he never tore it up.
The record also contains a notation that plaintiff did not request Cabino's presence. Admitted into evidence were Cabino's disciplinary report and the pieces of metal and glass recovered from the cell. Based on such evidence, the disciplinary board found plaintiff guilty of both possessing a weapon and destroying property. He was given a sanction of fifteen days in isolation on each charge, for a total of thirty days. Plaintiff appealed the matter to the superintendent, claiming that his so-called "disruptive behavior" had in fact been a suicide attempt, that he suffered from "severe mental illness," and that he should be transferred to a hospital. Plaintiff alleges that his appeal was denied without explanation.
Appeal No. 92-1928 involves an unrelated incident which allegedly occurred one day later. A disciplinary report prepared by staff person John Lopes stated: "On 6/19/90 ..., this officer did see Inmate R.A. Street run from the Mental Health office to the Hospital ward grill and spit on Inmate John Debella...." Plaintiff was subsequently charged with disruptive conduct and "assaulting ... another person with any offense against his person." 103 C.M.R. § 430.24(18). At a disciplinary hearing held on July 5, 1990, plaintiff again pled not guilty by reason of insanity, adding (according to the hearing record) that he had been at the health unit to see a psychiatrist due to an episode of mental illness, and that he did not recall the incident. In his complaint, plaintiff alleges that he requested two witnesses-Lopes and Dr. Navaras.
The hearing record indicates that Lopes' presence was initially requested but was later waived by plaintiff (an assertion plaintiff denies in his complaint). The disciplinary board denied the request to call Dr. Navaras on the ground that "witness was not present at the incident." Based on Lopes' written report, the disciplinary board found plaintiff guilty and imposed a sanction of fifteen days isolation. On appeal to the superintendent, plaintiff argued that he had had a "psychotic episode ... I was hallucinating and thought [Debella] was a devil about to attack me, so I spat on him to break his evil spell." This appeal, according to the complaint, was also denied without explanation.
In his pair of complaints, plaintiff advanced nearly identical challenges to these two disciplinary proceedings. He argued that the following due process violations occurred in each instance: (1) inadequate notice of the charges was provided; (2) he was denied the right to call and cross-examine witnesses; (3) the conviction was not based on substantial evidence; (4) the board failed to reach a finding after the close of the evidence; and (5) no reasons were provided for the denial of his appeal. He charged that imposing multiple sanctions for a single act of misconduct violated double jeopardy. He argued that the board contravened "common law" by (1) basing its findings on unsupported written testimony and (2) failing to explain its credibility findings. And he contended that each incident was attributable to the negligent supervision of defendants-conduct which in No. 92-1927, at least, amounted to cruel and unusual punishment. The district court found that none of these allegations presented a federal claim cognizable under 42 U.S.C. § 1983.
Appellate review of a dismissal under Rule 12(b)(6) is plenary. See, e.g., Miranda v. Ponce Federal Bank, 948 F.2d 41, 44 (1st Cir. 1991). We must accept all well-pled factual allegations as true and draw all reasonable inferences therefrom in plaintiff's favor. See, e.g., Leatherman v. Tarrant County Narcotics, Etc. Unit, 61 U.S.L.W. 4205, 4206-07 (U.S. March 3, 1993); Roth v. United States, 952 F.2d 611, 613 (1st Cir. 1991); Dartmouth Review v. Dartmouth College, 889 F.2d 13, 16 (1st Cir. 1989). In addition, a pro se complaint is held to "less stringent standards than formal pleadings drafted by lawyers" and can only be dismissed if "it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' " Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)); accord, e.g., Estelle v. Gamble, 429 U.S. 97, 106 (1976).
Our task is to determine not whether the disciplinary hearings comported in every detail with the state regulations, but whether they were consistent with the "minimal safeguards afforded by the Due Process Clause of the Fourteenth Amendment." Ponte v. Real, 471 U.S. 491, 495 (1985). 3 "Prison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply." Wolff v. McDonnell, 418 U.S. 539, 556 (1974). As outlined by the Court in Wolff, the applicable constitutional safeguards include the following: providing "written notice of the charges" to the inmate at least 24 hours before the hearing, id. at 564; allowing the inmate "to call witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals," id. at 566; and, should a finding of guilt be reached, providing "a written statement by the factfinders as to the evidence relied on and reasons for the disciplinary action," id. at 564 (quotation omitted); accord, e.g., Superintendent, Massachusetts Correctional Institution v. Hill, 472 U.S. 445, 454 (1985); Smith v. Massachusetts Dep't of Correction, 936 F.2d 1390, 1398 (1st Cir. 1991).
Few of plaintiff's claims require extended comment. His contention that he received inadequate notice of the charges is entirely conclusory. The hearing records indicate (and plaintiff does not dispute) that he was afforded at least 24 hours advance notice. In particular, he does not dispute that he received copies of the disciplinary reports in advance, in which the charges were adequately described. Plaintiff likewise presents no cognizable claim in contending that defendants violated double jeopardy by imposing multiple punishments for a single act of misconduct. As we said in rejecting an analogous double jeopardy contention in Langton v. Berman, 667 F.2d 231 (1st Cir. 1981), this argument "fail[s] to appreciate the essential differences between a disciplinary hearing and a criminal trial." Id. at 234; accord, e.g., United States v. Rising, 867 F.2d 1255, 1259 (10th Cir. 1989); see generally Breed v. Jones, 421 U.S. 519, 528 (1975) ().
Plaintiff's challenge to the sufficiency of the evidence is clearly meritless. It is plain that the board's findings were supported by "some evidence in the record"-the standard of evidentiary sufficiency mandated by the Due Process Clause. Hill, 472 U.S. at 454. Nor has he stated a claim with respect to (1) the board's consideration of the evidence or (2) its description of the evidence on which it relied. The Wolff Court held that "confrontation and cross-examination"...
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