White v. Kane

• Decision Date: 18 August 1994
• Docket Number: Civ. A. No. 91-7492.
• Parties: Michael WHITE v. J. Kevin KANE, et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

860 F. Supp. 1075

Michael WHITE v. J. Kevin KANE, et al.

Civ. A. No. 91-7492.

United States District Court, E.D. Pennsylvania.

August 18, 1994.

Timothy J. Campbell, Philadelphia, PA, for plaintiff.

Brian K. Wiley, Philadelphia, PA, for defendants.

MEMORANDUM

O'NEILL, District Judge.

I. Introduction

Plaintiff is a prisoner incarcerated at the State Correctional Institute at Graterford ("SCI Graterford") who alleged that defendants Kevin Kane and James Salvi denied him his right to procedural due process under the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983. At trial, at the conclusion of the evidence, defendants moved for a directed verdict pursuant to Fed.R.Civ.P. Rule 50. I denied defendants' motion. The jury exonerated defendant Salvi — a Graterford guard who allegedly attempted to intimidate one of the witnesses who testified in plaintiff's behalf at the misconduct hearing — and returned a verdict in favor of plaintiff against defendant Kane — the Hearing Examiner. Defendant Kane's motion for judgment n.o.v. pursuant to Rule 50 is currently before the Court. For the reasons that follow, I will grant defendant's motion.

II. Facts

On November 13, 1990 prison authorities conducted a search of plaintiff's cell and discovered a tightly folded $100.00 bill in the bottom of the cell's medicine cabinet. Prison regulations define money as contraband and prohibit inmates from possessing it. DOC Adm.Dir. 801. Those regulations also place an inmate in constructive possession of any object found in his cell. Id. The guards who conducted the search charged plaintiff with a misconduct for possession of contraband.

Plaintiff was absent from his cell working at his prison job at the time of the cell search. When confronted by the guards who conducted the search plaintiff denied all knowledge of the $100.00 bill. At his misconduct hearing on November 15, 1990, plaintiff again denied knowledge of the $100.00 bill and produced two fellow inmates to testify on his behalf. Defendant Kane's hearing report states:

White states that the guards searched his cell, they told him they found a $100.00 bill in his metal cabinet. White states that he never saw the money and he never knew it was there. Witness Cooke, # AK3033, stated under oath that he was in White's cell prior to the search and put the $100.00 bill in White's cell. Witness Reed, #BE1826, stated under oath that inmate Cooke was leaving White's cell when the cell search team came on the block, states that he does not know if Cooke left anything in the cell. I find for the officer's report over White's denial and his witness' testimony that this cell was searched and a $100.00 bill was found. I find the report clear that the money was found in his cell and I don't find Cooke's testimony or White's testimony very credible. I find Reed offered no relevant testimony as to what was found in white's cell. I find White guilty of possession of contraband.... Sanction, 45 days disciplinary confinement, effective November 15, 1990 through December 30, 1990; loss of job effective November 15, 1990.

Plaintiff's Opposition, at 8; Transcript, at 89-90.¹

The jury returned a verdict in favor of plaintiff and awarded him $2000.00 as nominal damages for the deprivation of his constitutional rights. Jury Questionnaire: Defendant J. Kevin Kane, at question 4. The jury also seems to have wanted to reinstate plaintiff to his job though the jury questionnaire did not provide for that remedy.

III. Legal Standard

a. Defendants' Motion for Judgment N.O.V.

The district court may grant judgment n.o.v. pursuant to Rule 50 "only if, viewing the evidence in the light most favorable to the nonmoving party and giving that party the advantage of every fair and reasonable inference, there is insufficient evidence from which a jury could reasonably find liability." Wittekamp v. Gulf & Western, Inc., 991 F.2d 1137, 1141 (3d Cir.) cert. denied, ___ U.S. ___, 114 S.Ct. 309, 126 L.Ed.2d 256 (1993). Evidence is insufficient if the record lacks "the minimum quantum of evidence from which a jury might reasonably afford relief. The Court may not weigh evidence, determine the credibility of witnesses or substitute its version of the facts for that of the jury." Parkway Garage, Inc. v. City of Philadelphia, 5 F.3d 685, 691-92 (3d Cir. 1993) (citations omitted).

b. The Plaintiff's Due Process Claim

Where an imprisoned person is the subject of a disciplinary hearing that may result in the loss of a liberty interest subject to protection under the Fourteenth Amendment, that prisoner must receive:

(1) advance written notice of the disciplinary charges; (2) an opportunity, when consistent with institutional safety and correctional goals, to call witnesses and present documentary evidence in his defense; and (3) a written statement by the factfinder of the evidence relied on and the reasons for the disciplinary action.

Superintendent v. Hill, 472 U.S. 445, 454, 105 S.Ct. 2768, 2773, 86 L.Ed.2d 356 (1985).² In addition, the disciplinary decision "does not comport with the minimum requirements of procedural due process unless the findings of the prison disciplinary board are supported by some evidence in the record." Id. (quotation and citation omitted). The Hill Court continued:

Ascertaining whether this standard is satisfied does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence. Instead, the relevant question is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board.... The fundamental fairness guaranteed by the Due Process Clause does not require courts to set aside decisions of prison administrators that have some basis in fact.... No other standard greater than some evidence applies in this context.

Id., 472 U.S. at 455-56, 105 S.Ct. at 2774.

IV. Discussion

In regard to his disciplinary hearing, plaintiff concedes that he was afforded advance written notice of the disciplinary charges and provided the opportunity to call witnesses and present documentary evidence in his own defense. In his motion for judgment n.o.v., defendant Kane asserts that his written report clearly states the evidence relied upon and the reasons for the disciplinary action, and that the search team's report and the $100.00 bill constitute some evidence in support of his decision. Even giving plaintiff advantage of every fair and reasonable inference, defendant argues, there is insufficient evidence from which a jury could reasonably have found in favor of plaintiff.

Plaintiff argues that this Court must deny defendant's motion because the jury could reasonably have found defendant Kane's written report constitutionally deficient in two respects: (1) it does not state the reasons that defendant Kane found the guards' report to be credible and the plaintiff and his witnesses to lack credibility; and (2) it does not state why defendant Kane concluded that 45 days of restricted housing and loss of job was the appropriate sanction for plaintiff's misconduct. Plaintiff asserts that "nowhere in his hearing report does Kane articulate any basis for the punishment which he imposed upon Mr. White nor for finding his testimony not credible." Plaintiff's Opposition, at 8. Plaintiff argues that either of these alleged deficiencies provides a sufficient basis for this Court to uphold the jury's verdict.

Wolff v. McDonnell, 418 U.S. 539, 564, 94 S.Ct. 2963, 2978-79, 41 L.Ed.2d 935 (1974), established that due process requires a written statement by the factfinder of the evidence relied on and the reasons for the disciplinary action in a prison disciplinary proceeding where a prisoner is deprived of a liberty interest. The Supreme Court stated:

the provision of a written record helps to insure that administrators, faced with possible scrutiny by state officials and the public, and perhaps even the courts, where fundamental constitutional rights may have been abridged, will act fairly. Without written records, the inmate will be at a severe disadvantage in propounding his own cause or to defending himself from others.

Id. at 565, 94 S.Ct. at 2979. The Court of Appeals for the Seventh Circuit regards the written statement as necessary to "protect the inmate's substantive due process right not to be found guilty except by an appropriate quantum of evidence." Chavis v. Rowe, 643 F.2d 1281, 1287 (7th Cir.) cert. denied, Boles v. Chavis, 454 U.S. 907, 102 S.Ct. 415, 70 L.Ed.2d 225 (1981) (citing Aikens v. Lash, 514 F.2d 55, 60 (7th Cir.1975), vacated and remanded on other grounds, 425 U.S. 947, 96 S.Ct. 1721, 48 L.Ed.2d 191 (1976), reinstated as modified, 547 F.2d 372 (1976)); but see Brown v. Frey, 807 F.2d 1407 (8th Cir.1986) ("The Wolff written statement requirement creates only a minimal standard of procedural conduct needed to satisfy due process; it does not require a `technical and detailed' reconstruction of the incident, as the disciplinary board viewed it, to justify the disciplinary action." Id. at 1413.).

In arguing that this Court should uphold the jury verdict, plaintiff asks this Court require defendant Kane's written hearing report to contain record of the reasons why defendant found the guards' written report credible and that the testimony of plaintiff and his witnesses was not credible. In Hill, however, the Supreme Court emphasized that the requirement that a "disciplinary board ... explain the evidence relied upon" was intended to meet the requirements of due process without imposing significant new burdens on prison proceedings. Hill, 472 U.S. at 455, 105 S.Ct. at 2774. "The standard is met if there is some evidence from which the conclusion of the administrative tribunal could be deduced." Id. (citation and quotation omitted). The requirement of a written statement for the reasons relied upon by the disciplinary board, however, "does not...