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Young v. Hoffman

United States Court of Appeals, Second Circuit
Jul 31, 1992
970 F.2d 1154 (2d Cir. 1992)

Summary

holding that the prisoner-plaintiff "was ultimately afforded his due process protections" because the administrative reversal of his disciplinary proceedings "cured any procedural defect that may have occurred"

Summary of this case from Irons v. Goldman

Opinion

No. 1326, Dockets 91-2580, 91-2593.

Submitted April 22, 1992.

Decided July 31, 1992.

Jerry Young, pro se.

Martin A. Hotvet, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., of the State of New York, Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Darren S. O'Connor, Asst. Attys. Gen., of counsel), for defendant-appellee-cross-appellant.

Appeal from the United States District Court for the Northern District of New York.

Before OAKES, Chief Judge, KEARSE and WALKER, Circuit Judges.

After submission but before decision, Chief Judge Oakes became a Senior Circuit Judge.


Appellant Jerry Young, a/k/a Ramadan, at all relevant times incarcerated at the Shawangunk Correctional Facility, sued Hearing Officer Richard Hoffman, pro se, under 42 U.S.C. § 1983 (1988) for allegedly depriving him of due process in connection with a Tier III prison disciplinary hearing. This appeal requires us to determine the impact, on Young's civil rights suit, of a subsequent administrative reversal of the disposition of the disciplinary hearing. The United States District Court for the Northern District of New York, Neal P. McCurn, Chief Judge, granted Young's motion for summary judgment on his claim that Hoffman deprived him of his right to call witnesses at the disciplinary hearing, and awarded Young nominal damages of one dollar. The district court also granted Hoffman's motion for summary judgment with respect to Young's claims that he was improperly excluded from the hearing and did not have the charges heard by an impartial hearing officer. Young appeals the district court's decision insofar as it granted summary judgment to Hoffman, and Hoffman cross appeals the district court's determination of liability and award of damages. For the reasons set forth below, we reverse in part and affirm in part.

On June 30, 1989, a corrections officer at the Shawangunk facility filed a misbehavior report charging Young with throwing two cups of an unknown yellow liquid at him. The liquid allegedly struck the corrections officer on the upper torso and face. Later that morning, another corrections officer filed a misbehavior report charging Young with spitting in his face. This alleged conduct, if proven, would constitute violations of a prison misbehavior rule.

A disciplinary hearing was scheduled for July 5, 1989. When several corrections officers escorted Young to the hearing, he became disruptive. Objecting to the standard practice of pat frisking inmates prior to their attendance at disciplinary hearings, Young called the officers homosexuals, threatened and attempted to spit at them, and attempted to kick them. The officers returned Young to his cell.

Hoffman witnessed some of this behavior. Apparently having determined that Young's presence at the hearing would create a threat to security, Hoffman held the hearing in Young's absence. Hoffman also decided that Young had forfeited his right to call the witnesses he planned to have testify on his behalf, so the hearing was conducted without them. Hoffman found Young guilty of two counts of committing an unhygienic act, and imposed a penalty of 180 days' confinement in the special housing unit with suspension of commissary and package privileges. Hoffman also recommended that Young lose six months' good time.

Young appealed Hoffman's decision to Donald Selsky, the Director of Special Housing/Inmate Discipline for the Department of Correctional Services. Selsky reversed the hearing disposition due to Hoffman's failure to call Young's witnesses. As a result, the penalty and recommended loss of good time were vacated and the records of the hearing were expunged. Young never served a day of the penalty.

In Young's section 1983 suit against Hoffman, he alleged that he suffered a denial of due process because he was (1) barred from his disciplinary hearing, (2) prevented from calling witnesses on his behalf, and (3) denied an impartial hearing officer. Both parties moved for summary judgment. The district court referred the matter to Magistrate Judge Gustave J. DiBianco for a report and recommendation. The magistrate judge recommended that Young's motion for summary judgment be granted with respect to Hoffman's failure to permit Young's witnesses to testify. The magistrate judge reasoned, however, that compensatory damages were inappropriate because Young never served the disciplinary sentence; he therefore recommended nominal damages of one dollar. The magistrate judge also recommended that summary judgement be granted to Hoffman with respect to the remaining claims. The district court approved, and entered judgment in accordance with, the magistrate judge's report-recommendation.

The Due Process Clause provides inmates with several protective procedures that they may expect at disciplinary hearings, including the opportunity to appear at the hearing and to call witnesses. Freeman v. Rideout, 808 F.2d 949, 953 (2d Cir. 1986) (citing Wolff v. McDonnell, 418 U.S. 539, 564-66, 94 S.Ct. 2963, 2978-79, 41 L.Ed.2d 935 (1974)), cert. denied, 485 U.S. 982, 108 S.Ct. 1273, 99 L.Ed.2d 484 (1988). These procedures, of course, must in certain circumstances give way to institutional safety or correctional goals. Id. at 953-54. Moreover, these procedures are not required unless "there exists a liberty or property interest which has been interfered with by the State." Kentucky Dep't of Corrections v. Thompson, 490 U.S. 454, 460, 109 S.Ct. 1904, 1908, 104 L.Ed.2d 506 (1989).

These principles help explain the result in Harper v. Lee, 938 F.2d 104 (8th Cir. 1991), a case we find both persuasive and applicable to the facts at issue here. In Harper, a disciplinary committee had found the civil rights plaintiff, Harper, guilty of violating prison rules and sentenced him to a period of administrative segregation, a period of disciplinary detention, and a loss of good time. Harper claimed that the committee's refusal to let him put certain exculpatory log books in evidence violated his right to due process. Prison officials subsequently remanded the case for a rehearing to enable Harper to put the log books in evidence. At the rehearing, Harper introduced the log books but once again the disciplinary committee found him guilty. The Court of Appeals held that Harper had suffered no denial of due process because the remand and rehearing, as part of the due process protection to which he was entitled, rectified the initial denial of his right to put the log books in evidence. Id. at 105-06.

In the instant case, we need not decide whether Young suffered a denial of due process in connection with his disciplinary hearing, because like the plaintiff in Harper, Young was ultimately afforded his due process protections. The administrative reversal constituted part of the due process protection he received, and it cured any procedural defect that may have occurred. We believe that, as a policy matter, this possibility of cure through the administrative appeals process will encourage prison administrators to correct errors as an alternative to forcing inmates to seek relief in state or federal courts. See Harper, 938 F.2d at 105.

In addition, on account of the administrative reversal of Hoffman's decision, Young was never penalized on the charges of committing unhygienic acts. Therefore, he suffered no interference with a liberty interest and has no valid claim for relief. See Thompson, 490 U.S. at 465, 109 S.Ct. at 1911.

For the foregoing reasons, we reverse the district court insofar as it granted summary judgment and awarded damages to Young, and we direct it to enter judgment for Hoffman on the witness-related claim. The district court is affirmed in all other respects.


Summaries of

Young v. Hoffman

United States Court of Appeals, Second Circuit
Jul 31, 1992
970 F.2d 1154 (2d Cir. 1992)

holding that the prisoner-plaintiff "was ultimately afforded his due process protections" because the administrative reversal of his disciplinary proceedings "cured any procedural defect that may have occurred"

Summary of this case from Irons v. Goldman

holding that the prisoner-plaintiff "was ultimately afforded his due process protections" because the administrative reversal of his disciplinary proceedings "cured any procedural defect that may have occurred"

Summary of this case from Pevie v. Wolfe

finding that the plaintiff had "suffered no interference with a liberty interest and has no valid claim for relief" for procedural due process where he "was never penalized on the charges of committing unhygienic acts"

Summary of this case from Abreu v. Farley

finding the "administrative reversal constituted part of the due process protection [inmate] received, and it cured any procedural defect that may have occurred"

Summary of this case from Dorsey v. Stouffer

concluding that "administrative reversal constituted part of the due process protection [inmate] received, and it cured any procedural defect that may have occurred"

Summary of this case from Harris v. Maddox

rejecting the plaintiff's due process claims where he was granted a new hearing and was never penalized for the underlying charges

Summary of this case from McCoy v. Ramirez

rejecting the plaintiff's due process claims where he was granted a new hearing and was never penalized for the underlying charges

Summary of this case from Carter v. Brodie

rejecting the plaintiff's due process claims where he was granted a new hearing and was never penalized for the underlying charges

Summary of this case from Carter v. Brodie

rejecting the plaintiff's due process claims where he was granted a new hearing and was never penalized for the underlying charges

Summary of this case from Van Buren v. Waddle

observing that, "as a policy matter, this possibility of cure through the administrative appeals process will encourage prison administrators to correct errors as an alternative to forcing inmates to seek relief in state or federal courts"

Summary of this case from Brown v. Crowley

noting that a rehearing becomes part of the due process chain, which can ultimately cure violations arising from the original Tier III Hearing

Summary of this case from Williams v. Annucci

In Young v. Hoffman, 970 F.2d 1154 (2d Cir. 1992), the Second Circuit stated that "the Due Process Clause provides inmates with several protective procedures that they may expect at disciplinary proceedings, including the opportunity to appear at the hearing and to call witnesses."

Summary of this case from Brooks v. Piecuch

declining to address whether prisoner suffered any denial of due process, since prisoner's administrative appeal resulted in a reversal of his disciplinary sentence before he served any of the sentence, thus curing any procedural defect

Summary of this case from Barnes v. Henderson

In Young, a prisoner claimed a § 1983 due process violation when he was not allowed to call witnesses at his disciplinary hearing.

Summary of this case from Atwood v. Warner

noting that the prisoner must be provided "the opportunity to appear at the hearing and to call witnesses"

Summary of this case from MIMS v. CORRECTION OFFICER D. UFLAND

In Young v. Hoffman, 970 F.2d 1154, 1156 (2d Cir. 1992), the Second Circuit referred to "the opportunity to appear at the hearing and to call witnesses."

Summary of this case from Webb v. Selsky

discussing administrative appeal process as part of the due process protection afforded prisoners

Summary of this case from Hunter v. Rainwater

In Young v. Hoffman, 970 F.2d 1154 (2d Cir. 1992) (per curiam), cert. denied, 510 U.S. 837, 114 S.Ct. 115, 126 L.Ed.2d 80 (1993), for example, the Second Circuit considered an appeal from a district court's grant of summary judgment and nominal damages to a New York prison inmate who had been sentenced to 180 days' SHU confinement and a loss of six months' good time credit because he was deprived of his right to call witnesses at his Tier III disciplinary hearing.

Summary of this case from Cespedes v. Coughlin

In Young v. Hoffman, 970 F.2d 1154 (2d Cir. 1992), cert. denied, ___ U.S. ___, 114 S.Ct. 115, 126 L.Ed.2d 80 (1993), an inmate found guilty at a disciplinary hearing of violations of certain prison regulations later had the hearing decision reversed by the appeals officer because the original hearing officer had failed to allow the inmate to call witnesses on his behalf at the hearing.

Summary of this case from Gaston v. Coughlin

In Young, the Court of Appeals held that an administrative reversal "cures" any procedural defect that may have occurred at the disciplinary hearing.

Summary of this case from Sowell v. Ryan

In Young, the Second Circuit held that an inmate who had brought an action against a prison hearing officer for denial of due process at a disciplinary hearing, after the hearing officer's decision was reversed on administrative appeal, was afforded his due process protection because the "administrative reversal constituted part of the due process protection he received, and it cured any procedural defect that may have occurred."

Summary of this case from Sowell v. Ryan
Case details for

Young v. Hoffman

Case Details

Full title:JERRY YOUNG ALSO KNOWN AS RAMADAN, PLAINTIFF-APPELLANT-CROSS-APPELLEE, v…

Court:United States Court of Appeals, Second Circuit

Date published: Jul 31, 1992

Citations

970 F.2d 1154 (2d Cir. 1992)

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