Winsett v. McGinnes
| Decision Date | 31 January 1978 |
| Docket Number | Civ. A. No. 74-210. |
| Citation | 443 F. Supp. 1369 |
| Parties | Thomas H. WINSETT, Plaintiff, v. F. Earl McGINNES, Secretary of the Department of Health and Social Services, Paul W. Keve, Director of the Delaware Division of Adult Corrections, Raymond W. Anderson, Superintendent of Delaware Correctional Center, Donald R. Davis, Deputy Superintendent of the Delaware Correctional Center, Defendants. |
| Court | U.S. District Court — District of Delaware |
Arlen B. Mekler, Wilmington, Del., for plaintiff.
John A. Parkins, Jr., Asst. Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.
This 42 U.S.C. § 1983 action is brought by Thomas Winsett, an inmate at the Delaware Correctional Center ("D.C.C."). Plaintiff complains that the defendant prison officials1 have denied him classification to the work release program at D.C.C. in violation of his rights to due process of law and equal protection under the Fourteenth Amendment. Plaintiff seeks compensatory and punitive damages, as well as a declaratory judgment and an injunction prohibiting further infringement.2 This Opinion sets forth the Court's findings of fact and conclusions of law following a trial on the merits.
Winsett was sentenced in 1964 to a term of natural life after having been found guilty of the murder of State Police Officer Robert Paris. The killing caused a substantial public reaction in the State of Delaware, and is still the subject of deep resentment on the part of some citizens.
Winsett has applied for work release classification three times and on each occasion has been turned down. He claims that he met all established criteria for work release status and that each denial was motivated wholly, or at least in substantial part, by prison officials' fear of possible retaliation by the Delaware General Assembly (most likely in the form of budget, personnel or program cutbacks) and of adverse public reaction. Plaintiff maintains that such fears are impermissible reasons for denial of work release status.
Winsett's first turndown for work release classification was received by him on September 26, 1974. Winsett had applied for work release status, had been approved at the first level by the Minimum Security Building Classification Team, and had been approved at the second level by the Institution Classification Committee. At the third and final level of screening, however, — that of the Superintendent (at this time defendant Raymond W. Anderson) — Winsett was informed that his application could not be approved "due to the sensitivity of his offense". (PX 1). The criteria and procedure for work release that were in effect at this time (DX 9) required final approval by the Superintendent. (Paragraph II l.c of DX 9).
During August, 1974, Winsett's case had been brought to the public's attention via copies of a letter to Superintendent Anderson delivered to the Delaware State News, News-Journal Papers and WAMS radio station, among others, in which a State senator announced his shock and dismay that Winsett might be considered for work release. Anderson responded by letter, sending copies to the same news media and others. In his letter Anderson denied any intention of placing Winsett on work release and stated his position as being "as long as I am Superintendent of the Institution, I shall never be able to entertain any requests from Tom Winsett in regards to work release. . . ." (PX 7 letter of August 8, 1974).
Winsett initiated the instant suit in October, 1974.
The second turndown for work release classification came on May 14, 1976, and the circumstances surrounding it are somewhat more complicated. At that time defendant Paul Keve was Acting Commissioner of the Delaware Department of Corrections and defendant Milton Horton was Assistant Director of the Adult Division. The criteria for work release status had changed by March of 1976, prompting Winsett to make a second application for work release classification. (Transcript A-31). The departmental policy then was that any classification for outside status (including work release classification) had to be approved by Acting Commissioner Keve, if the inmate in question had committed a crime of violence. (Transcript E-9). Horton, pursuant to Keve's request, would make specific recommendations for approval or denial of outside status.
Winsett's application was approved at the first level by the Minimum Security Building Classification Team. The application was forwarded to the Institution Classification Committee. A rule had been adopted requiring a letter of employment to be filed with the application before it could be considered. Winsett had not met this requirement initially, but did obtain a letter of offer of employment (PX 11) and refiled his application. Once again the Minimum Security Building Classification Team approved his application, as did the Institution Classification Committee. Horton recommended, however, that Winsett's "application be deferred until a decision on the transfer." (DX 8). Keve agreed and the application was deferred, but formally recorded as a denial.
The transfer referred to by Horton in his recommendation to Keve was a project that had been developing for some months. Essentially, Keve had hoped to work out a contract with the Corrections Department of the State of Minnesota wherein the interstate transfer of certain inmates could be accomplished. It was felt that this project would have been especially suitable for Winsett. As Keve testified:
. . . Probably the best thing to do in the case of Mr. Winsett was to effect a transfer of him to some other state where the extreme sensitivity to this case would be substantially diluted. I felt that whatever time he might be considered truly appropriate for parole, work release, whatever it might be, that it would be much more feasible for it to be accomplished if he were in another state at some distance from Delaware where there was extreme public and legislative sensitivity to anything at all that happened in his case.
Testimony of Keve, Transcript E-12.
. . . I had what I thought was good reason to believe that in addition to the natural hazard that any inmate faces in going into a work release situation, Mr. Winsett faced far more hazards because of the intense sensitivity to the case — intense public reaction and legislative reaction to anything done for or to Mr. Winsett that would smack of any kind of extra privileges.
Testimony of Keve, Transcript E-15.
Based on the record before me, I conclude that the first and second denials of Winsett's application for classification to work release were motivated at least in substantial part by prison officials' concern about a possible retaliation by the Delaware General Assembly. In the case of the second denial, I am convinced Acting Commissioner Keve believed that he had an alternative approach to work release which would better serve Winsett's interests.
The third and final denial for work release classification was received by Winsett on January 7, 1977. In late 1976, the General Assembly created another team that would approve work release classification applicants — the Institutional Release Classification Board. Winsett resubmitted his application for work release status. Again he was approved by the Minimum Security Building Classification Team, and the Institution Classification Committee, as well as the newly created Institutional Release Classification Board. His application was vetoed, however, by Milton Horton, Assistant Bureau Chief of Adult Correction. Horton advanced three reasons for his veto decision: (1) the seriousness of the offense, (2) the lack of a certified parole release date, which he believed was required by the existing guidelines,3 and (3) the fact that Winsett had had a previous history of model conduct during incarceration in other institutions for other offenses occurring prior to the Paris murder and that, therefore, his good conduct during his present incarceration should be given less weight. This veto was approved by Commissioner Vaughn.
It is unnecessary to pass upon Horton's construction of the guidelines then in effect. I credit his testimony regarding the reasons for his actions and conclude that the third denial of Winsett's application for work release was not motivated by his concern with possible retaliation by the General Assembly or by a concern for public reaction.
Plaintiff makes two arguments: (1) that defendants' denial of his application for work release status deprived him of a liberty interest without due process of law, and (2) that such denials violated his equal protection rights. I deal first with the due process argument.
In order to invoke a due process claim, a party must first establish that he has been deprived of a liberty interest. Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). Plaintiff argues that "by instituting a work release program and by promulgating standards for its administration, the Department of Corrections has become bound by its decision and has created a vested state law right in the participation by eligible inmates in the work release program". Pl. Reply Br. p. 2.
I find this argument unpersuasive. Prior to August 5, 1976 the relevant Delaware statute regarding work release was 11 Del.C. § 6533(a) which provided:
(a) The Department may adopt rules and regulations governing the employment or education of trustworthy inmates outside the institutions and facilities under the jurisdiction of the Department, except that whenever the Department requests placement of inmates in a school of a reorganized school district, the approval of the board of education of that district shall be a prerequisite to such placement, and tuition shall be paid under the terms of Chapter 6 of Title 14.
The 1976 amendment, among other changes, substituted "shall" for "ma...
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Winsett v. McGinnes
...release. Its recommendation was then forwarded to the so-called Institution Classification Committee which also approved Winsett's application. 443 F.Supp. at 1370; 425 F.Supp. at As Winsett's application was working its way up to Superintendent Raymond W. Anderson for his final approval, p......
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Eskridge v. Casson
...protection from state action unless the challenged action deprives the person of a liberty or property interest. Winsett v. McGinnes, 443 F.Supp. 1369 (D.Del.1978). In the present case the Court has already held that the plaintiff was not deprived of any liberty or property interest by the ......
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Wright v. Cuyler
...injunctive claim was dismissed, but no appeal was taken. In a subsequent proceeding (Winsett II ), Winsett was denied damages, 443 F.Supp. 1369 (D.Del.1978), and we reversed in part, 617 F.2d 996 (3d Cir. 1980) (en banc). In Winsett II we did not reach the issue of whether the claim for an ......
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Wright v. Cuyler, Civ. A. No. 78-1520
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