Professional Documents
Culture Documents
Per Curiam.
__________
After conducting
separate hearings,
Plaintiff thereafter
1983, alleging
He requested
the removal
officials.
of the
relief
offenses
in the
from his
form
of
record.
both
cases, over
plaintiff's
opposition, the
dismiss
under Fed.
R.
Civ.
appeals.
P.
12(b)(6).
Plaintiff
now
I.
following factual
allegations.1
1990 in
Cabino,
disciplinary
Cabino
the
reporting
report stating
staff
as follows:
person,
(1) at
prepared
6:55 a.m.,
____________________
1. The
factual allegations are drawn from plaintiff's
verified complaints and the exhibits attached thereto (which
consist of the records of the disciplinary hearings). Such
exhibits are considered part of the complaint, see Fed. R.
___
Civ. P. 10(c), and may properly be reviewed when evaluating a
motion to dismiss under Rule 12(b)(6). See, e.g., Hamilton
___
____ ________
v. O'Leary, 976 F.2d 341, 343 (7th Cir. 1992); O'Brien v.
_______
_______
DiGrazia, 544 F.2d 543, 545 n.1 (1st Cir. 1976), cert.
________
_____
denied, 431 U.S. 914 (1977).
______
search
uncovered
five-inch
piece
of
metal
toilet, both
of which
lighting
fixture."
offenses
under
103
of
a weapon
possession
Plaintiff
was charged
C.M.R.
and
"apparently came
430.24
willful
from the
with four
(1987),
code
including
destruction of
state
property.
At the disciplinary hearing, which was
1990,
by reason of
insanity.
In
two
witnesses--Cabino
psychiatrist--but
that a
and
Dr.
Navaras,
correctional official
prison
(Lt. Ayala)
The record
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.
____________________
2. Under 103 C.M.R.
430.11(1), an inmate is to be served
with a "request for witness form" within twenty-four hours of
the designation of the offense as a major matter. Section
430.11(4) in turn provides that an inmate's "failure to
submit a request for ... witness form may, in the discretion
of the disciplinary board chairperson, constitute a waiver of
the inmate's rights to call witnesses."
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contains a notation
Cabino's
Cabino's
presence.
Admitted
disciplinary report
and
cell.
thirty
days in
Plaintiff
superintendent,
behavior"
suffered
had
were
of metal
Based on such
not
and
evidence, the
isolation on
days.
into evidence
the pieces
claiming
in
each charge,
appealed
that
fact
been
his
the
for a
matter
so-called
a suicide
total of
to
the
"disruptive
attempt,
that
he
transferred to a hospital.
occurred one
prepared by staff
day
later.
A disciplinary
report
the Mental
on Inmate
John Debella
...."
disruptive conduct
Plaintiff was
and "assaulting
person with
any offense
At
a disciplinary
again
pled
not
(according to the
103 C.M.R.
hearing held on
guilty
by
July 5,
reason
hearing record)
of
430.24(18).
1990, plaintiff
insanity,
that he had
adding
been at
the
-4-
illness, and
that he did
incident.
In his
Dr. Navaras.
plaintiff
complaint).
call
at
(an
The
indicates that
assertion
plaintiff
disciplinary board
denies
denied the
in
his
request to
incident."
disciplinary
board
sanction
fifteen
of
Based on
found
days
Lopes'
plaintiff
isolation.
written
guilty
On
report, the
and imposed
appeal
to
a
the
[Debella] was a
evil
spell."
to the complaint,
was also
his pair
of
complaints, plaintiff
identical challenges
He argued that the
in
to these two
examine
disciplinary proceedings.
provided;
advanced nearly
(2) he
inadequate notice of
was denied
witnesses;
(3)
the right
the
to call
conviction was
and cross-
not
based
on
the close
provided
for
of the
evidence; and
the denial
of his
(5) no
appeal.
reasons were
He
charged that
-5-
imposing multiple
sanctions for
violated
jeopardy.
double
contravened
"common
law"
a single act
He
by
(1) basing
And
argued
of misconduct
that
its
the
board
findings
on
he contended that
each incident
punishment.
The
cognizable under
1983.
Appellate review
plenary.
of a dismissal under
Rule 12(b)(6) is
that none of
as
true
in plaintiff's
draw
all
favor.
reasonable
See, e.g.,
___ ____
inferences
Leatherman v.
__________
F.2d 13,
complaint is
16 (1st
held to
pleadings drafted
Cir. 1989).
v. Dartmouth College,
_________________
In
addition, a
by lawyers" and
can only be
pro se
than formal
dismissed if
"it appears 'beyond doubt that the plaintiff can prove no set
of
relief.'"
curiam)
Haines v. Kerner,
______
______
(quoting
Conley
______
v.
-6-
355
41,
45-46
Estelle v. Gamble,
_______
______
106
(1976).
Our task
hearings
is to
comported
regulations,
but
in
every
whether
the disciplinary
detail
they
were
with
the
consistent
state
with
the
Amendment."
defendant
in
McDonnell,
_________
in
include
U.S.
491, 495
539, 556
following:
panoply of rights
does not
(1974).
the applicable
part of a
apply."
Wolff v.
_____
As outlined
constitutional
providing "written
due a
by the
safeguards
notice
of
the
present
him
418 U.S.
the
such proceedings
Wolff,
_____
charges"
id. at
___
Real, 471
____
criminal prosecution,
Court
Ponte v.
_____
allowing
the
inmate "to
documentary evidence in
to do so will
safety or
finding of
not be unduly
correctional goals,"
call
witnesses
and
566;
and, should
by the factfinders as
and reasons
e.g.,
____
____________________
3. It is clear that the loss of liberty entailed in
isolation time suffices to trigger constitutional safeguards.
See, e.g., Wolff v. McDonnell, 418 U.S. 539, 571 n.19 (1974);
___ ____ _____
_________
Smith v. Mass. Dep't of Correction, 936 F.2d 1390, 1399 (1st
_____
_________________________
Cir. 1991).
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Institution
___________
v.
Hill, 472
____
U.S.
445, 454
(1985);
Smith v.
_____
Cir. 1991).
III.
Few of plaintiff's claims require extended comment.
contention that he received
is entirely
plaintiff
hours
conclusory.
His
indicate (and
advance notice.
In
particular, he does
not dispute
that
he
advance,
received
in
copies
which the
of the
charges
disciplinary
reports
were adequately
in
described.
a single act of
misconduct.
667
F.2d
231 (1st
Cir.
disciplinary hearing
and a
As we
contention in Langton
_______
1981),
this
argument
differences between
criminal trial."
said in
Id. at
___
234;
1259
(10th Cir. 1989); see generally Breed v. Jones, 421 U.S. 519,
_____________ _____
_____
528
(1975)
("jeopardy
describes
the
risk
that
is
clearly meritless.
-8-
of
evidentiary
Clause.
Hill,
____
sufficiency
mandated
by
the
Nor has he
Due
Process
stated a claim
The
Wolff
_____
Court
examination" are
held
in
the board
other cases
e.g.,
____
this context.
on the
In explaining
it relied
on "the
92-1927, on the
physical evidence as
(depending on
the facts
presented).
See,
___
cross-
indicated that
at
and
well.
required" in
findings,
each
which it relied.
"confrontation
each report
its
that
not "generally
the evidence on
hearings
attempting
was
circumstances here.
straightforward.
to controvert
the
central
And
factual
They were
The evidence
rather
than
allegations
For the
____________________
4.
Plaintiff's
challenge
to
the superintendent's
alleged
same
reason,
no issue
whether plaintiff
of credibility
was presented
as to
with which he
was charged.
The issue of plaintiff's requests to call Dr. Navaras as
a
witness
deserves closer
scrutiny.5
As mentioned,
the
not
his defense
be unduly
correctional goals."
hazardous
418 U.S.
to do
so
institutional safety
or
at 566.
In Ponte, the
_____
Court
either
with
during the
administrative hearing
subsequent litigation.
471 U.S.
or
in connection
at 497-99;
accord,
______
not allowed
Reasonable
safety
a limited manner,
to
testify."
Ponte,
_____
471 U.S.
witnesses
at
497.
and
concerns.
discipline, but
See,
___
e.g.,
____
also
Wolff,
_____
legitimate administrative
418
U.S.
at
566
("Prison
____________________
5. By contrast, no colorable claim is presented regarding
plaintiff's alleged requests to call the authors of the
disciplinary reports as witnesses.
Even if we assume
(contrary to the notations in the hearing records) that such
requests were made, prison officials are not required "to
provide reasons in writing to inmates denied the privilege to
...
confront witnesses
against
them in
disciplinary
proceedings."
Baxter v. Palmigiano, 425 U.S. 308, 322
______
__________
(1976); accord Wolff, 418 U.S. at 567-69.
______ _____
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officials
must have
the
necessary discretion
1102, 1104
concerns
(10th
includ[e],
the
Cir. 1991)
but [are]
to keep
not
("legitimate penological
limited
to, safety
or
correctional
the
danger of harassment").
not
be too
ready to
judgment of
And
exercise oversight
prison administrators"
and put
aside the
in this regard.
Wolff,
_____
state a
assault
viable
case,
claim under
the board
denied
standards.
request to
In
the
have
Dr.
We
unreasonable.
cannot
say
rationale
was
issues
notes
at
this
that
concerning the
of his
all").
To
be sure, Dr.
information
even
as
Yet
to
under
as
to
his
the
plaintiff's
susceptibility
rather
unusual
mental
to
health,
"psychotic
circumstances
-11-
been "insane"
two weeks
have
marginal relevance,
been of
testimony would
and would
obviously have
the
permit
property-destruction
Dr.
Navaras to
testify
form.
justification.
Such
case, the
because,
board
did not
according to
the
rationale
constitutes an
adequate
is
well
discretion").
As
within
the
mentioned,
the request is
disciplinary
plaintiff
board's
disputes
this
conclusion, alleging that he did submit the form but that Lt.
Ayala
the
tore it up.
The
these differing
credibility
collateral
Hill's
____
require
issue,
"some
determination,
is one
evidence"
examination
of
subject
latter.
although
to
entire
Arguably,
involving
scrutiny only
standard--a test
the
explanations from
which
record,
"does
under
not
independent
assessment of
the credibility
the evidence."
472 U.S. at
issue, however,
would
of witnesses, or
455.
We need
error.
weighing of
See,
___
e.g., Elkin v.
____ _____
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to disciplinary proceedings),
48, 53 (3d
discussed
above,
Dr.
Navaras'
error
testimony
For the
in
the
Indeed,
in
the
the
fact that
cell--conduct
plaintiff
quite
at
hid the
odds
with
two
any
these
reasons,
we
conclude
that
plaintiff's
____________________
6. As
we read the complaints, plaintiff's "negligentsupervision" allegations comprise part of his challenge to
the disciplinary proceedings, rather than being intended as
independent claims for relief.
To the extent they were so
intended, we find no suggestion that defendants acted in such
a "wanton" fashion as to have violated the Eighth Amendment.
Wilson v. Seiter, 111 S. Ct. 2321, 2326 (1991).
______
______
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