Wilson v. Harper, Civil No. 4-94-70620.

• Citation: 949 F.Supp. 714
• Decision Date: 14 November 1996
• Docket Number: Civil No. 4-94-70620.
• Parties: Rick L. WILSON, Plaintiff, v. Charles HARPER and Ronald Welder, Defendants.
• Court: U.S. District Court — Southern District of Iowa

949 F.Supp. 714

Rick L. WILSON, Plaintiff, v. Charles HARPER and Ronald Welder, Defendants.

Civil No. 4-94-70620.

United States District Court, S.D. Iowa, Central Division.

November 14, 1996.

Philip B. Mears, Mears Law Office, Iowa City, IA, for plaintiff.

Kristin W. Ensign, Attorney General of Iowa, Des Moines, IA, for defendants.

ORDER ACCEPTING REPORT AND RECOMMENDATION AND ORDER OF DISMISSAL

VIETOR, District Judge.

Plaintiff brought this action pursuant to 42 U.S.C. § 1983. Jurisdiction of the court is predicated on 28 U.S.C. § 1343.

On June 5, 1995, this case was referred to United States Magistrate Judge Ross A. Walters, pursuant to 28 U.S.C. § 636(b)(1)(B), for further proceedings. On July 2, 1996, Magistrate Judge Walters filed a report and recommendation in which he recommends that judgment be entered in favor of defendants and that plaintiff's complaint be dismissed. The parties were granted to and including July 17, 1996, within which to file objections. Plaintiff requested and received several extensions of time within which to file objections. Plaintiff has filed objections to the report and recommendation.

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.

A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

28 U.S.C. § 636(b)(1).

I have made the required de novo review of the record, and I accept the report and recommendation of the Magistrate Judge.

IT IS ORDERED that judgment be entered in favor of defendants and that plaintiff's complaint is DISMISSED.

REPORT AND RECOMMENDATION

WALTERS, United States Magistrate Judge.

Plaintiff, Rick Wilson, an inmate at the Iowa State Penitentiary ("ISP") in Fort Madison, Iowa brought this action against Defendants on September 28, 1994 asserting claims for relief under 42 U.S.C. § 1983. In his complaint Plaintiff alleges Defendants violated his Fourteenth Amendment right to due process of law in connection with prison disciplinary proceedings in September of 1992. On August 3, 1995 Defendants filed a motion for judgment on the pleadings. The Court denied Defendants' motion on August 29, 1995. Plaintiff seeks monetary damages for the alleged constitutional violation. Defendants deny Plaintiff states a claim for relief under current due process standards and, in any event assert they are entitled to qualified immunity for their conduct.

Jurisdiction is predicated on 28 U.S.C. sections 1331, 1343(a)(3), and 1343(a)(4). This matter was referred to the undersigned on June 5, 1995 for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). The case came on for evidentiary hearing in Fort Madison on October 11, 1995. Plaintiff was represented by Iowa City attorney Philip Mears. Defendants were represented by Assistant Iowa Attorney General Kristin Ensign.

At the start of the hearing Defendants stipulated there was no evidence to support the disciplinary action against Plaintiff and that the issues were whether Plaintiff was entitled to the protections of procedural due process in light of the Supreme Court's 1995 decision in Sandin v. Conner and the amount of Plaintiff's damages. Evidentiary Hearing Tr., at 3-5. Evidence was then presented on these issues.

The parties filed post-trial briefs and the case is fully submitted. Upon careful consideration of the evidence presented at the evidentiary hearing, the arguments and statements of counsel and their written submissions, the Court finds and recommends as follows on the issues presented.

FINDINGS OF FACT

Plaintiff Rick Wilson was housed in the general prison population ("GP") at ISP in early 1992. He is serving a life sentence. Defendants were at all times pertinent to this litigation staff members at ISP. Defendant Charles Harper is an Iowa Administrative Law Judge and defendant Ronald Welder is an Executive Assistant to the Warden at ISP.

Between 1986 and 1992 Wilson had been charged with only one major discipline report and approximately five minor reports. Tr., at 18; Exhibit 3. Wilson had not previously been sanctioned with disciplinary segregation time in connection with any report. Tr., at 18. In April 1992 Wilson earned a transfer from GP status to Honor Lifer ("HL") status and he was placed on the HL unit in cellhouse 318. Id. at 18. Prior to this transfer he had been on the HL waiting list for approximately one year. Id.

The HL unit consists of forty-two cells in an upper section of cellhouse 318. Id. at 19-20. To be eligible for HL status an inmate serving a life sentence must first have served three years of his sentence at ISP. Exhibit A, at 2-3. He must be free of a major discipline report (or a number of minor reports) for three years prior to application for HL status. Id. at 3. The inmate must also have had outstanding work and cellhouse reports and completed all recommended programming. Id. HL status generally entitles an inmate to additional privileges and personal property items. See generally Exhibits A; 5.

HL inmates are permitted to be out of their cells on the ranges within the HL unit between approximately 6:00 a.m. and 7:00 p.m. on Mondays through Thursdays. Exhibit A, at 6. Tables and chairs are set up along the ranges where HL inmates may meet and talk or play cards and the like. On Friday, Saturday, and Sunday nights HL inmates may be out of their cells until approximately 9:00 p.m. Id. at 5-6. The showers may be used in the HL unit during any period when inmates are out of their cells. Id. at 6. Inmates may not go into other inmate's cells. Id. In comparison, GP inmates are only out of their cells at times scheduled for meals, yard periods, religious services, and visitation.

GP inmates are permitted two hours each day of the week for yard (recreation) time. During yard periods GP inmates may exercise outside in the big yard or in the gymnasium, go to the library or hobby craft area, and make personal (collect) telephone calls. HL inmates have the same length of time for yard during the week as GP inmates, but an additional four hours each day on the weekends. Exhibit A, at 6; Tr., at 89-90. Inmates in the HL unit have access to a telephone which may be used in their cells from 10:00 a.m. until evening lockup. Id. at 4. A washer and dryer and an ice machine are also available in the HL unit. Id. at 5-6.

GP inmates may only work on hobby craft projects during yard time in the hobby craft area. An HL inmate may perform hobby craft work in his cell during any period when he is permitted to be outside of the cell. Exhibit A, at 4. Some hobby craft tools may be kept in the cell, while other tools are stored in the cellhouse office and checked out to the inmate during the day. Id. Wilson testified hobby craft was very important to him and he performed leather work approximately thirty hours per week while on the HL unit. Tr., at 27-30.

With the exception of cellhouse 220, which houses inmates in the highest level of protective custody and some disciplinary detention, administrative segregation and close management inmates, all of the cells at ISP are the same size and include essentially the same furnishings (bed, toilet, sink, table, and chair). Beds in the HL unit are spring beds rather than solid beds allowing for storage underneath the bed. Exhibit A, at 5. HL inmates are allowed one additional footlocker in their cells. Id. at 4. As between GP and HL inmates, HL's are allowed to possess ten extra books or magazines (35 total), twenty-five cassette tapes (none in GP), one extra photo album (3 total), certain sports equipment, and additional personal hygiene and clothing items. Id. at 4-6; Exhibit 5, Enc. A, at 1-9. Wilson testified he took advantage of the HL privileges and increased property allowances. Tr., at 27.

There appears to be no significant difference between GP and HL inmates as to educational opportunities, access to religious services, mail privileges, canteen rules, library access, health services, or visitation privileges.¹ Likewise, all inmates except those in lockup status are eligible for prison jobs. Those who work may earn work bonus credit off of their sentence. See Exhibit 7. Work bonus credit appears to be similar to credit earned for good conduct.² Before June of 1992 Wilson worked five hours in the maintenance shop on weekday mornings. He earned approximately $21.60 per month. Tr., at 21.

On June 24, 1992, Wilson was placed in investigative segregation status and moved to cellhouse 319 based on his suspected involvement in a prison escape plan. Following an investigation Wilson received a disciplinary notice on August 25, 1992 charging him with violation of five prison rules in connection with the alleged escape plan. Exhibit 1, at 2-3. Hearing before a disciplinary committee was held on September 25. Id. at 16-17. Defendant Harper was chair of the committee. Relying on information supplied by a confidential informant defendant Harper and the other committee members found Wilson guilty of violating Rule 41 based on his alleged complicity in supplying a saw and a drill with bits for the escape plan. Id. The disciplinary committee sanctioned Wilson to thirty days disciplinary detention, loss of 365 days good-time credit, and one year cell restriction to a maximum security cellhouse. Id. at 1, 16-17.

Wilson filed an appeal of the decision the same day. Exhibit 1, at 18-20. Defendant Welder denied the appeal on October 2, 1992. Id. at 21. Debbie Nichols, an ISP administrative officer, denied Wilson's supplemental appeal on October 12. Id. at 22-25. Wilson then filed an application for postconviction relief in state court. Before hearing was held on his application the State moved to dismiss the proceeding and agreed to expunge Wilson's disciplinary record and to return all of the good-time credits taken. See Exhibit 6. The Iowa...