Anthony A. Edwards v. JohnsonAnthony A. Edwards v. Johnson
OPINION
CARL E. STEWART, Circuit Judge:
Anthony A. Edwards, an Immigration and Naturalization Service detainee awaiting deportation, appeals the district court‘s dismissal of his claims which challenged disciplinary hearing procedures and his punishment for violation of detention center policy. Edwards is appearing pro se and in forma pauperis. For the following reasons we affirm.
FACTS AND PROCEDURAL BACKGROUND
Anthony A. Edwards (“Edwards“) is a citizen of the Caribbean nation of St. Vincent. In January 1997 he was convicted in federal court of unauthorized use of an access device in violation of
On August 9, 1997 Edwards was given a written report containing the charges against him. Edwards submitted a list of potential witnesses and soon after was told that the charges against him were being forwarded to a Disciplinary Hearing Officer (“DHO“). On August 11, 1997 Edwards was given a list of inmate rights at the disciplinary hearing and told that his hearing would be held August 19, 1997. Edwards requested that Mr. Aucoin (“Aucoin“), a unit counselor at FDC Oakdale, represent him at the disciplinary hearing. Aucoin advised Edwards to prepare a written account of his version of the incident. At the hearing DHO David Ham (“Ham“) presided. Three other detainees testified at the hearing as witnesses for Edwards. Two of the detainees testified that they did not hear Mr. Johnson speak to Edwards at all. One detainee testified that he heard Mr. Johnson give Edwards permission to speak to the visitors, but that he did not hear Edwards ask for permission to give out the flier, and he did not hear Mr. Johnson grant Edwards permission to distribute the flier. Aucoin read the written statement which Edwards had prepared. DHO Ham found that Edwards had committed the act as charged by giving a note to a visitor without permission, and that as an act falling in the moderate category of prohibited acts Edwards should be sanctioned with fifteen days of disciplinary segregation. Ham also advised Edwards of his right to appeal the finding within twenty days.
In October 1997, Edwards appearing pro se and in forma pauperis filed the present action against DHO Ham, Johnson, and Aucoin (collectively “defendants” or “officials“). First, Edwards alleged that his due process rights under the Fifth Amendment had been violated during his hearing because he was given inadequate representation by Aucoin. Edwards further alleged that Ham had refused to fairly weigh his version of the events. Edwards also claimed that he was being denied access to the press in violation of the First Amendment. Edwards argued that his constitutional rights under the Fifth and Eighth Amendments were violated because he was the equivalent of a pretrial detainee and thus should not be held in solitary confinement. Edwards requested $3 million in monetary damages and an injunction to correct the “unjust principles and practices” at FDC Oakdale.
DISCUSSION
On appeal, Edwards argues that the district court erred in denying him injunctive relief on the basis that he failed to exhaust his administrative remedies. Edwards further contends that the district court erred in not recognizing that his due process rights were violated during the hearing procedure, and were further violated by the imposition of punishment for the exercise of his First Amendment rights. Finally, Edwards contends that the district court erred by failing to find that solitary confinement in administrative segregation is cruel and unusual punishment for a pretrial detainee.
A district court‘s dismissal of a claim for lack of subject matter jurisdiction or failure to state a claim under
I. Exhaustion of Administrative Remedies
Edwards’ original complaint requested $3 million in monetary damages and “court order(s) for correction of unjust principles and practices as th[e] court deems to be both just and proper.” This request for injunctive relief was intended to correct the policies and practices of FDC Oakdale. Edwards was transferred out of FDC Oakdale in 1998. Therefore, any claims for injunctive relief to correct procedures and practices at that facility are moot. See Hernandez v. W.L. Garrison, 916 F.2d 291, 293 (5th Cir. 1990); Pembroke v. Wood County, Texas, 911 F.2d 225, 228 (5th Cir. 1993).
We therefore construe the remaining claims as a request for exclusively monetary relief. This court has not directly addressed the question of whether a pretrial detainee seeking monetary relief must exhaust available administrative remedies before filing suit in federal court for damages. This court‘s previous rulings regarding exhaustion of administrative remedies have interpreted provisions of
In the present case, it is doubtful that the administrative remedy would be adequate because the agency is not empowered to grant Edwards monetary relief. There is no indication either from federal statutes or the applicable federal regulations3 that federal detention centers will provide monetary relief to detainees who have filed Bivens4 claims against federal officials. Therefore, FDC Oakdale and its administrative remedies were not capable of affording monetary relief to Edwards. Cf. Whitley, 158 F.3d at 887 (finding that plaintiff need not pursue federal remedies when seeking exclusively monetary relief because there are no prison remedies capable of affording such relief); McCarthy, 503 U.S. at 149. The inadequacy of the administrative remedy to provide the requested relief is sufficient to relieve the plaintiff of his responsibility to exhaust administrative remedies. Therefore, Edwards was not required to exhaust his administrative remedies before proceeding with his claim for monetary damages.5 Although we disagree with the lower court‘s conclusion on administrative remedies, given Edwards’ transfer which makes his injunctive claims moot, and our conclusion that Edwards was not required to exhaust his administrative remedies as to his monetary claims, Edwards cannot claim any reversible error. The magistrate judge fully considered the merits of Edwards’ complaint and on de novo review we may affirm the district court‘s decision on any basis sustainable by the record.6
II. Punishment Prior to Adjudication of Guilt
Edwards argues that his placement in administrative segregation for eleven days before his disciplinary hearing, and his fifteen days in disciplinary segregation for engaging in unauthorized contact with the public was a violation of his EighthAmendment and Fifth Amendment rights. First, as an INS detainee, Edwards’ imprisonment at FDC Oakdale did not directly result from conviction for a crime; therefore the Eighth Amendment‘s prohibition against cruel and unusual punishment is inapplicable. See Ortega v. Rowe, 796 F.2d 765, 767 (5th Cir. 1986), cert. denied, 481 U.S. 1013, 107 S.Ct. 1887, 95 L.Ed.2d 495 (1987) (explaining that because a detainee‘s imprisonment did not result from a conviction the Eighth Amendment is inapplicable). We consider a person detained for deportation to be the equivalent of a pretrial detainee; a pretrial detainee‘s constitutional claims are considered under the due process clause instead of the Eighth Amendment. Id. (citing Bell v. Wolfish, 441 U.S. 520, 535 n.16, 99 S.Ct. 1861, 1871, 60 L.Ed. 2d 447 (1979)).
In the present case, Edwards complains that the particular act of confining him to administrative detention and disciplinary segregation was a constitutional violation. Thus, because Edwards’ claims concern a particular act instead of the general conditions at FDC Oakdale, we will consider his complaint as one regarding an “episodic act or omission.” To prove an underlying constitutional violation in an episodic acts case, the detainee must establish that the official acted with subjective deliberate indifference. Id. at 54.
As to Edwards being placed in administrative segregation he claims that Johnson made a false charge against him for unauthorized contact with the public, after granting Edwards permission to communicate with the visitors. However, one of the detainee witnesses at the disciplinary hearing stated that he did not hear Johnson give Edwards permission to hand out the flier, and that Edwards did not ask for permission to hand it out. Edwards himself, in his written statement to DHO Ham, admitted that he handed out the flier. The evidence does not support the conclusion that Johnson falsely reported Edwards for a violation of detention center rules, thus Johnson was not deliberately indifferent to Edwards’ rights under the Due Process Clause.
Edwards also argues that it was inappropriate for DHO Ham to place him in fifteen days of disciplinary segregation for his infraction, especially in light of his eleven-day placement in administrative detention prior to the disciplinary hearing. The regulations which govern disciplinary hearings state that unauthorized contact with the public is a moderate category offense for which an inmate may be placed in disciplinary segregation for up to 15 days.
III. Other Due Process Issues
Edwards further alleges that the procedures used during his disciplinary hearing violated his due process rights. Specifically, Edwards argues that DHO Ham‘s refusal to accept his written statement and Aucoin‘s refusal to follow departmental directives regarding representation of detainees violated his constitutional rights. Again, these complaints concern episodic acts instead of a general complaint about all disciplinary hearing procedures conducted at the detention center. Therefore, Edwards must plead facts that would demonstrate that the defendants were deliberately indifferent to his rights.
All of these procedures were observed in the present case. From Edwards’ complaint, and the accompanying exhibits, it is clear that Edwards received written notice of the charges against him, a written statement of the evidence against him, and he was afforded an opportunity to present witnesses. Although Edwards now claims his written statement was not accepted for consideration, the report which was made at the time of the hearing summarizes Edwards’ statement.
Edwards also contends that Aucoin did not follow regulations for representing detainees. However, Edwards does not specifically state in his complaint, or on appeal which regulations were not followed. Furthermore, a violation of prison regulations in itself is not a constitutional violation. See Jackson v. Cain, 864 F.2d 1235, 1251-52 (5th Cir. 1989). Therefore, Edwards has failed to state a claim upon which relief can be granted regarding the disciplinary procedures used at his hearing.
IV. First Amendment
Edwards argues that placing him in “solitary confinement” for passing a note to the visitors is a violation of his First Amendment rights of freedom of expression and freedom to communicate with the press. Edwards raised the First Amendment claim in the district court as a violation of his right of access to the press; however, the district court construed the claim liberally to assert also a violation of his right to free speech. The district court found that Edwards was disciplined, not for speaking to the visitors, but for handing a note to a visitor. The district court determined that Edwards did not have a constitutional right to have physical contact with the public.
Edwards has not provided support for his assertion that the sanction, which was imposed for handing a note to a visitor, implicated his right to free speech. A pretrial detainee‘s First Amendment rights are implicated if the action taken against him represents an “exaggerated response” by officials to the legitimate need to “preserve internal order and discipline and to maintain institutional security.” Mann v. Smith, 796 F.2d 79, 82 (5th Cir. 1986) (citing Bell, 441 U.S. at 547-48). FDC Oakdale‘s refusal to allow Edwards to have unauthorized physical contact with visitors is a reasonable response and regulation to maintaining safety and order in the facility. Therefore, Edwards’ punishment for violating this regulation is not a violation of his First Amendment rights.
V. Equal protection
Edwards asserts that he was denied equal protection because he was not given credit for the time he spent in administrative segregation prior to the disciplinaryhearing. A violation of equal protection occurs only when the governmental action in question “classif[ies] or distinguish[es] between two or more relevant persons or groups[,]” Brennan v. Stewart, 834 F.2d 1248, 1257 (5th Cir. 1988), or when a classification impermissibly interferes with a fundamental right. Hatten v. Rains, 854 F.2d 687, 690 (5th Cir. 1988). A claimant who alleges an equal protection violation has the burden of proving the existence of purposeful discrimination. McCleskey v. Kemp, 481 U.S. 279, 292 (1987). Discriminatory purpose “implies that the decisionmaker singled out a particular group for disparate treatment and selected his course of action at least in part for the purpose of causing its adverse effect on an identifiable group[.]” Lavernia v. Lynaugh, 845 F.2d 493, 496 (5th Cir. 1988) (internal quotations, citations, and footnote omitted).
CONCLUSION
We find that Edwards was not required to exhaust his administrative remedies before seeking monetary relief. Edwards’ due process rights were not violated by the disciplinary hearing procedures or his placement in solitary confinement. Finally, we find that Edwards was not deprived of his rights under the First Amendment or denied equal protection.
AFFIRMED.