52 Mass. App. Ct. 135 | Mass. App. Ct. | 2001
The plaintiff, a pro se inmate, filed an action against the defendants in the nature of certiorari under G. L. c. 249, § 4,
We summarize the uncontroverted facts pertinent to this decision. On September 6, 1996, the plaintiff was housed at the Massachusetts Correctional Institution at Shirley (MCI-Shirley). On that date, he received a visit from his sister, Janet Drayton. Following her visit he was strip-searched before he was returned to his cell. Apparently, no contraband was discovered. As a result of an internal investigation, on September 11, 1996, the plaintiff received a disciplinary report from Officer Brian McDonald charging him with bringing heroin into the facility through his visit with his sister and obtaining heroin for two inmates, Bruce Dabrieo and Joseph Thomas. The disciplinary report was based on information received from two informants and the recovery of heroin from Dabrieo. Prior to the hearing, the plaintiff requested that he be allowed to call among his witnesses his sister, Janet Drayton, and Sergeant Daigle, who was the officer on duty in the visitor’s room at the time of the plaintiff’s visit with his sister. The plaintiff also requested that
On appeal to this court, the plaintiff claims that the defendants violated his right to procedural due process under the Federal and State Constitutions and the department’s regulations by refusing his request to call several witnesses; by not allowing him to introduce as evidence the prison logs requested by him; by denying his right to cross-examine the reporting officer about the reliability of the information received from the informants; by denying his request for the recusal of the hearing officer; by admitting as evidence the information received from two informants; by finding him guilty on insufficient evidence; and by the superintendent’s denial of his appeal. We address the plaintiff’s claims.
The sanctions in this case consisted of thirty days in isolation,
While it is not clear whether the Sandin v. Conner analysis applies for purposes of determining State due process requirements, Hudson v. Commissioner of Correction, 431 Mass. 1, 7 & n.9 (2000), the sanctions imposed here did not create a liberty interest protected by our State Constitution. Although the plaintiff received a sanction of thirty days in isolation, he was credited with the time spent in awaiting action status and, thus, did not incur this penalty. As for his other sanctions, no due process rights under the State Constitution are implicated by the
2. The department’s regulations. Although the judge found that the defendant was denied the opportunity to present relevant evidence and to cross-examine witnesses, she did not specifically address whether those or any of the other procedural irregularities cited by the plaintiff constituted a violation of the department’s regulations based on her belief that, under the standard adopted by the United States Supreme Court in Sandin v. Conner and applied by her in this case, the plaintiff was not entitled to any relief. We believe the judge was mistaken. See Henderson v. Commissioners of Barnstable County, 49 Mass. App. Ct. 455, 462-468 (2000) (although the procedure followed by the superintendent of the Barnstable County jail and house of correction and the county commissioner in revoking certain prisoners’ good time credits did not violate the due process requirements of the Federal Constitution, it did violate regulations promulgated by the commissioner of correction, and, thus, was unlawful).
In concluding that the prisoner in Sandin v. Conner did not have a liberty interest that would entitle him to the procedural protections set forth in Wolff v. McDonnell, 418 U.S. 539 (1974), the Supreme Court stated that “[prisoners . . . retain other protections from arbitrary state action even within the expected conditions of confinement. They may invoke the First and Eighth Amendments and the Equal Protection Clause of the Fourteenth Amendment where appropriate, and may draw upon internal prison grievance procedures and State judicial review where available.” Sandin v. Conner, 515 U.S. at 487-488 n.11. Here, the plaintiff invoked the State judicial review available to him for the alleged failure of prison officials to adhere to the department’s regulations. Ford v. Commissioner of Correction,
Accordingly, we are of the opinion that the judge should have determined whether the defendants failed to comply with the process required by the department’s regulations in the conduct of the plaintiff’s disciplinary hearing and should not have dismissed the plaintiff’s complaint in its entirety. Having concluded that it appeared that the plaintiff was denied the opportunity to present relevant evidence and to cross-examine witnesses, the judge should have gone on to address whether those denials or the plaintiff’s other alleged procedural irregularities constituted a violation of the department’s regulations and whether any of those alleged defects would amount to substantial errors of law affecting the material rights of the plaintiff. Henderson v. Commissioners of Barnstable County, 49 Mass. App. Ct. at 462-468.
Accordingly, we think the judgment must be vacated and the action remanded to the Superior Court for further proceedings for the judge to determine whether the defendants failed to comply with the regulations of the department and, if so, whether said failure constituted a substantial error of law adversely affecting the material rights of the plaintiff.
So ordered.
The plaintiff did not include his complaint or amended complaint in the record submitted to us. All parties and the judge have treated this action as one limited to an action in the nature of certiorari.
The plaintiff has not included his motion for partial summary judgment in the record.
Although both parties filed motions under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), review under G. L. c. 249, § 4, is limited to correcting “substantial errors of law that affect material rights and are apparent on the record.” Gloucester v. Civil Serv. Commn., 408 Mass. 292, 297 (1990), quoting from Debnam v. Belmont, 388 Mass. 632, 635 (1983). Therefore, we need not concern ourselves with summary judgment principles.
The proper vehicle for review is a motion for judgment on the pleadings. The Black Rose, Inc. v. Boston, 433 Mass. 501, 503 n.l (2001).
The plaintiff incurred no penalty because the hearing officer credited him with time spent in awaiting action status pending his disciplinary hearing.