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Mims v. Shapp

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 21, 1983

JEFFREY ROGER MIMS, JOHN JAMES KEEN, EDWARD X. SISTRUNK, GLENN X. JORDAN, FRED BURTON, VIVIAN RICHBOURG, DAVID SCOGGINS, FRANK PATTERSON, CLIFFORD FUTCH, ALL PRISONERS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA. (HEREINAFTER REFERRED TO AS S.C.I. PGH.), ALL WHO WERE OR ARE PRESENTLY CONFINED TO THE BEHAVIORAL ADJUSTMENT UNIT, (HEREINAFTER KNOWN AS THE B.A.U.), ON BEHALF OF THEMSELVES AND ALL THOSE SIMILARLY SITUATED IN THE B.A.U.
v.
MILTON SHAPP, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ISRAEL PACKEL, ATTORNEY GENERAL FOR THE COMMONWEALTH OF PENNSYLVANIA, STEWART WERNER, COMMISSIONER OF THE BUREAU OF CORRECTIONS FOR THE COMMONWEALTH OF PENNA., JAMES HOWARD, WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, CHARLES ZIMMERMAN, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, WILLIAM JENNINGS, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, LAWRENCE WEYANDT, MAJOR OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., JOHN JASAK, CAPTAIN OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., DAVID YOUNG, CASEWORK SUPERVISOR AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., CHARLES KOZAKIEWCZ, LIEUTENANT OF THE GUARDS OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH IN CHARGE OF PRISON SECURITY, JAMES ROBLES, SERGEANT OF THE GUARDS OF THE SCI PHG. IN CHARGE OF THE B.A.U., SERGEANT CARUTHERS, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., THEIR AGENTS, SUBORDINATES AND EMPLOYEES; FREDERICK BURTON V. WILLIAM B. ROBINSON, INDIV. AND IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF CORRECTIONS OF THE COMMONWEALTH OF PENNA., TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST, STEWART WERNER, INDIV. AND IN HIS FORMER OFFICIAL CAPACITY AS COMMISSIONER OF CORRECTIONS OF THE COMMONWEALTH OF PENNA., ROBERT L. JOHNSON, INDIV. AND IN HIS FORMER OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD, GRATERFORD, PA., JULIUS T. CUYLER, INDIV. AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST, JOSEPH BRIERLY AND GILBERT A. WALTERS, INDIV. AND IN THEIR FORMER OFFICIAL CAPACITIES AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, AND JAMES F. HOWARD, INDIV. AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST. MILTON SHAPP, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ISRAEL PACKEL, ATTORNEY GENERAL FOR THE COMMON. OF PENNA., STEWART WERNER, COMMISSIONER OF THE BUREAU OF CORRECTIONS FOR THE COMMON. OF PA., JAMES HOWARD, WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, CHARLES ZIMMERMAN, DEPUTY WARDEN OF THE STATE CORRECTIONAL INST. AT PITTSBURGH, WILLIAM JENNINGS, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, LAWRENCE WEYANDT, MAJOR OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., JOHN JASAK, CAPTAIN OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., DAVID YOUNG, CASEWORK SUPERVISOR AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA., CHARLES KOZAKIEWCZ, LIEUTENANT OF THE GUARDS OF THE STATE CORRECTIONAL INSTITUTION AT PGH. IN CHARGE OF PRISON SECURITY, JAMES ROBLES, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., SERGEANT CARUTHERS, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., THEIR AGENTS, SUBORDINATES AND EMPLOYEES. WILLIAM B. ROBINSON, INDIV. AND HIS OFFICIAL CAPACITY AS COMMISSIONER OF CORRECTIONS OF THE COMMON. OF PA., TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST. STEWART WERNER, INDIV. AND IN HIS FORMER OFFICIAL CAPACITY AS COMMISSIONER OF CORRECTIONS OF THE COMMON. OF PA., ROBERT L. JOHNSON, INDIV. AND IN HIS FORMER OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD, PA., JULUIS T. CUYLER, INDIV. AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST, JOSEPH BRIERLY AND GILBERT A. WALTERS, INDIV. AND IN THEIR FORMER OFFICIAL CAPACITIES AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PA. AND JAMES F. HOWARD, INDIV. AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST. APPELLANTS

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Opinion OF THE COURT

Per Curiam.

This appeal arises from a ยง 1983 action brought by Frederick Burton, an inmate at the Western Penitentiary (also known as the State Correctional Institution at Pittsburgh) against Pennsylvania prison officials and other state officers. Burton was placed in administrative confinement as a result of his involvement in the stabbing deaths of the warden and deputy warden at Holmesburg Prison when he was an inmate there. He was transferred first to Graterford Prison and then to the Western Penitentiary; he remained in administrative confinement at those institutions for a total of five years. Burton filed this suit alleging that the procedures used by the prison officials at the Western Penitentiary in periodically re-evaluating his segregated confinement were insufficient to protect his due process rights. Following a non-jury trial, the district court concluded that Burton's constitutional rights had been violated and awarded him compensatory damages and attorney's fees.

The various officials appealed the judgment of the district court, arguing that: (1) they did not violate Burton's constitutional rights; (2) if they did, they were immune from liability for damages and (3) if they were not immune, damages were incorrectly assessed. A panel of this Court affirmed the judgment of the district court. The full Court then voted to vacate the judgment and opinion of the panel and to reconsider this case in banc, primarily because of the pendency in the Supreme Court of Hewitt v. Helms, 455 U.S. 999, 102 S. Ct. 1629, 71 L. Ed. 2d 865, 50 U.S.L.W. 3715 (U.S. March 8, 1982) (granting certiorari), a case involving the due process rights of inmates placed in administrative confinement in Pennsylvania prisons.

On February 22, 1983, the Supreme Court issued its judgment in Hewitt. 51 U.S.L.W. 4124 (U.S. Feb. 22, 1983). The majority opinion discussed at length the procedural safeguards that the state is required to provide before a prisoner is initially placed in administrative confinement. Although the appeal now before us concerns the procedures to be used in evaluating the need to continue an inmate in administrative confinement, those two issues are sufficiently similar that we conclude that the case should be remanded to the district court for reconsideration in light of Hewitt. Because the opinion in Hewitt analyzed the question of what process is due in the administrative confinement setting somewhat differently from the manner employed by the district court in this case, additional fact-finding may be necessary to resolve the questions presented. Accordingly, the judgment of the district court will be vacated and the matter remanded for further consideration consistent with this opinion.

19830321

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