U.S. v. Lopez, No. CRIM. 03-55(SEC).

• Decision Date: 15 July 2004
• Docket Number: No. CRIM. 03-55(SEC).
• Parties: UNITED STATES of America Plaintiff v. [1] Carlos Ayala LOPEZ Defendant
• Court: U.S. District Court — District of Puerto Rico

327 F.Supp.2d 138

UNITED STATES of America Plaintiff v. [1] Carlos Ayala LOPEZ Defendant

No. CRIM. 03-55(SEC).

United States District Court, D. Puerto Rico.

July 15, 2004.

Daniel J. Vaccaro, AUSA, U.S. Attorney's Office, San Juan, for Plaintiffs.

Juan A. Pedrosa-Trapaga, Esq., San Juan, William D. Matthewman, Esq., Seiden, Alder & Matthewman, Boca Raton, FL, for Defendants.

ORDER

CASELLAS, District Judge.

Pending before the Court is Defendant Carlos Ayala Lopez's motion for an evidentiary hearing on the conditions of his pretrial confinement (Docket # 205). The Government objected to Defendant's request (Docket # 226). A reply (Docket # 257) and sur-reply (Docket # 268) ensued. For the reasons expressed below, we find that Defendant's placement in administrative housing is not tied to any legitimate governmental interest and therefore constitutes unconstitutional punishment. We explain.

Procedural Background

Defendant Ayala is a pretrial detainee confined in the Special Housing Unit (hereinafter "SHU") at MDC-Guaynabo ("MDC"). He has been incarcerated at MDC since his arrest on February 19, 2003. On December 17, 2003, the Government filed its notice of intent to seek the death penalty against Defendant (Docket # 195). Shortly thereafter, Defendant received an Administrative Detention Order dated December 20,2003 stating that he had been placed in MDC's SHU. The stated reason was: "You were placed in Administrative Detention for Pending Captain's Review (Death Penalty Sentencing)."(Docket # 257, Exh. A). Prior to December 20, 2003, Defendant had resided in the general population for ten (10) months without any significant incident.

This matter was submitted to the Court on March 25, 2004 — the date the sur-reply was filed. At several status conferences in this case, the Court expressed that it was awaiting Magistrate Judge Aida Delgado's report and recommendation in Criminal Case No. 02-117(PG). Said case concerned two death eligible pretrial detainees that had also been placed in SHU. The defendants challenged the conditions of their confinements. The matter was referred by U.S. District Judge Juan Perez Gimenez to Magistrate Judge Delgado for an evidentiary hearing. Magistrate Judge Delgado held a hearing on March 10, 2004 and issued her report and recommendation on June 30, 2004 (Docket # 329, Exh. A). Because of the duplicity that holding a second hearing on the matter would present, we take judicial notice of the testimony presented at said hearing as reported by the Magistrate, bypass holding a second hearing on the same matter, and proceed to consider the arguments extensively presented by the parties' in the filings before us.

Proceedings before Magistrate Judge Delgado

At the hearing, the Government presented the testimony of Michael Smith, Chief Segregation Review Officer at MDC. He was the only witness at the hearing. The Court did, however, direct inquiries at Ricardo E. Chavez, Warden at MDC, who was also present at the hearing. Officer Smith testified that it is his job to ensure the safety and security of the institution and the orderly running and operation of the same. Placement on SHU depends on his determination. Among his duties is the supervision of SHU, which he described as a unit meant to allow for the segregation of selected inmates from the general population. Officer Smith explained that inmates are placed in the segregation unit to secure the orderly operation or running of the institution and also upon an inmate's request to be placed there for security or other concerns. He further testified that an inmate is placed in SHU if there is a breach of an institutional administrative regulation, if the prisoner is involved in a fight, or if the prisoner attempts to escape from the institution. Officer Smith also stated that Defendants that are convicted and sentenced on murder charges are also placed in SHU. He also testified regarding Program Statement 7331.04, issued by the Bureau of Prisons (B.O.P.), which details important criteria for assessing an inmate's security requirements and on which he bases his decisions.

In spite of this testimony, and crucial to the matter at hand, Officer Smith testified that it is standard operating procedure that once he becomes aware that an inmate is facing the death penalty, he immediately orders that the inmate be placed in SHU. This operating procedure is automatic. The death certification essentially obviates all other criteria as it is determinative. Furthermore, in spite of the several review procedures in place for SHU placements, placement in SHU for inmates facing the death penalty is permanent. Officer Smith testified that "no matter what," a death penalty certified inmate remains in SHU.

Special Housing Unit (SHU)

In order to understand the issues before us, it is imperative that we describe the confinement conditions at SHU. "Administrative detention is the status of confinement of an inmate in a special housing unit in a cell either by self or with other inmates which serves to remove the inmate from the general population." 28 C.F.R. § 541.22. It is undisputed that SHU is different from the general population, and that the differences result in greater restrictions and far fewer privileges for inmates housed in SHU. For example, work programs and educational classes are not available. However, educational items can be brought to inmates in SHU. Inmates in SHU do not have access to religious services although they do have access to a chaplain. Visits to inmates housed in SHU entail two to four times the wait and require additional security; the inmate remains handcuffed, both hands and legs, throughout the visit. SHU inmates have no access to television while general population inmates have access to television sets, except at night. Most noticeably, inmates housed in SHU are only allowed one hour of recreation every 24 hours in a holding pen. In contrast, inmates in the general population may exercise up to 9:00 P.M., except during head count. The Program Statement specifies that:

Staff shall permit each segregated inmate no less than five hours exercise each week. Exercise should be provided in five one-hour periods, on five different days, but if circumstances require, one-half hour periods are acceptable if the five-hour minimum and different day schedule is maintained.

Program Statement: Inmate Housing Discipline and Special Housing Units, 5270.07, Chap. 9, p. 9, § 3(d) (Docket # 226, Exh. C). Moreover, inmates in SHU may use the telephone for fifteen (15) minutes, once a week (with the exception to calls to attorneys), while general population inmates may use the telephone as many times a day as desired and/or possible in fifteen (15) minute increments. Finally, there are several other privileges that are available to general population inmates that are not available to those in SHU, i.e., cigarettes, microwave ovens, thicker mattresses, sodas, ice, privacy while showering, access to the commissary.

The Prisoners Litigation Reform Act (PLRA)

The Government asserts that Defendant is foreclosed from seeking relief by the Prisoners Litigation Reform Act ("PRLA") since he has not exhausted all the administrative remedies available to him as required by the Act. The PRLA provides that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other federal law, by a prisoner confined in any jail, prison, or other correctional facility until such remedies as are available are exhausted." 42 U.S.C.1997e(a). In his reply, Defendant purports that the PRLA simply does not apply to the pending motion in the criminal case at bar since it is not a civil action or a lawsuit in federal court. The Government has responded to this argument stretching the applicability of the Act to motions, as they would inevitably result in some sort of judgment or decree.¹

While the Governments approach makes common sense, we decline the invitation to expand the statute to other than its plain meaning.

"Common sense" is a treacherous guide to statutory interpretation. One person's "common sense" is another's bte [sic] noire. Statutes are compromises among legislators who may hold incompatible conceptions of the public weal. Some legislators opposed the [PLRA] outright; others wanted more sweeping restrictions on prisoners' litigation; the actual statute satisfied few completely. Instead of relying on "common sense", which is an invitation to treat the law as if one side or the other had its way, a court should implement the language actually enacted — provided the statute is not internally inconsistent or otherwise absurd.

Kerr v. Puckett, 138 F.3d 321 (7th Cir.1998). See, e.g., Salinas v. United States, 522 U.S. 52, 57, 118 S.Ct. 469, 139 L.Ed.2d 352 (1997); Felker v. Turpin, 518 U.S. 651, 653, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996); In re BankVest Capital Corp., 360 F.3d 291, 293 (1st Cir.2004).

In addition, the legislative history, although limited, indicates that Congress' general purpose in passing the Act was to curb frivolous prisoner lawsuits. According to Senator Hatch, the PRLA "will bring relief to a civil justice system overburdened by frivolous prisoner lawsuits ... Our legislation will also help restore balance to prison conditions litigation and will ensure that Federal court orders are limited to remedying actual violations of prisoners' rights ..." 141 Cong. Rec. S14408-01, *S14418 (daily ed. Sept. 27, 1995) (statement of Sen. Hatch). In the same vein, Senator Dole expressed his concern with the growing number of frivolous suits concerning "insufficient storage locker space, a defective haircut by a prison barber, the failure of prison officials to invite a prisoner to a pizza party for a departing prison employee, and yes, being served chunky peanut butter instead of the creamy variety." 141 Cong. Rec. S14408-01, *S14413 (daily ed. Sept. 27, 1995) (statement of Sen. Dole)....