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Wheeler v. Procunier

United States Court of Appeals, Ninth Circuit
Dec 23, 1974
508 F.2d 888 (9th Cir. 1974)

Summary

In Wheeler, the question of retroactivity arose in the context of a transfer from the general prison population to punitive segregation confinement. It does not appear how long the punitive segregation was to last or whether it was in fact already over. Here we have an indefinitely continuing situation with no provision for review or retransfer.

Summary of this case from Tai v. Thompson

Opinion

No. 72-1523.

December 23, 1974.

J. Anthony Kline, Public Advocates, Inc., San Francisco, Cal., for plaintiff-appellant.

W. Eric Collins, Deputy Atty. Gen. (appeared), San Francisco, Cal., for defendant-appellee.

Appeal from the United States District Court for the Northern District of California.

Before BARNES and TRASK, Circuit Judges, and THOMPSON, District Judge.

The Honorable Gordon Thompson, Jr., United States District Judge for the Southern District of California, sitting by designation.


The appellant, a state prisoner, appeals from the dismissal of his complaint by the district court, which found the action failed to state a claim upon which relief can be granted. The complaint was brought under the provisions of 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983. The primary issue raised with any specific and nonconclusory language in appellant's pro se complaint was the claim that he was transferred from the general prison population to "punitive segregation" confinement, without receiving due process safeguards, thus abridging his Fourteenth Amendment rights.

We now grant the rehearing requested by appellees.

This is, then, the third time that this case has come before this Court. This rehearing is granted to assess the impact of the nonretroactivity holding in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), both on this Court's decision in Clutchette v. Procunier, 497 F.2d 809 (9th Cir. 1974), as modified on rehearing October 21, 1974, and our previous opinions in this case.

We heretofore denied relief in this case under date of January 14, 1974. Subsequently we granted a rehearing and reversed the district court on September 16, 1974, based on the original Clutchette opinion. On October 21, 1974, an "Opinion on Rehearing" was issued in Clutchette modifying the original Clutchette opinion.

The California Department of Corrections conducts 20,000 disciplinary actions annually (exclusive of juvenile or female infractions or transfers). For this Court to apply Clutchette retroactively would release a deluge of actions by inmates seeking to resurrect old infractions in the hope of affecting present parole considerations. We find the same governmental interests in efficient prison administration which led the Supreme Court in Wolff to limit that decision's affect only to prospective application, are also present here. We therefore hold that our decision in Clutchette shall only be applied prospectively. Cf. M'Clary v. California Adult Authority No. 74-1281 Memorandum (9th Cir. decided 8/6/74); Goodman v. Kerr, No. 74-1778 Memorandum (9th Cir. decided 9/13/74). The alleged violation in this case occurring in the fall of 1971, being both pre- Clutchette, and pre- Wolff, we find that the district court did not err in dismissing appellant's action pursuant to Rule 12(b)(6) F.R.Civ.P.

Our prior opinions of January 14, 1974 and September 16, 1974 are vacated, and the decision of the district court dismissing appellant's action is

Affirmed.

(Letterhead of State of California — Health and Welfare Agency Department of Corrections Sacramento Ronald Reagan, Governor)

March 5, 1974 Honorable Evelle Younger Attorney General of California 300 McAllister Street San Francisco, California 94102 Dear Sir: SUBJECT: Population/Disciplinary Statistics — 1973. Records and files in this office, and information received from the various institutions, show the following totals: 1973 1973 Disciplinary Institution Population Hearings Sierra Conservation Center .............. 2,085 1,584 California Conservation Center .......... 721 479 California Correctional Institution ..... 1,150 1,314 California Men's Colony ................. 2,616 2,766 California Medical Facility ............. 1,961 1,449 California Rehabilitation Center ........ 1,617 1,712 Correctional Training Facility .......... 2,667 3,147 Deuel Vocational Institution ............ 1,505 2,511 Folsom .................................. 2,037 1,199 San Quentin ............................. 3,096 2,727 California Institution for Men .......... 2,102 940 California Institution for Women ........ 929 662 ______ ______ Total ........... 22,486 20,490 Sincerely, /s/ L. M. Stutsman For R. K. Procunier Director of Corrections


Summaries of

Wheeler v. Procunier

United States Court of Appeals, Ninth Circuit
Dec 23, 1974
508 F.2d 888 (9th Cir. 1974)

In Wheeler, the question of retroactivity arose in the context of a transfer from the general prison population to punitive segregation confinement. It does not appear how long the punitive segregation was to last or whether it was in fact already over. Here we have an indefinitely continuing situation with no provision for review or retransfer.

Summary of this case from Tai v. Thompson
Case details for

Wheeler v. Procunier

Case Details

Full title:HOUSTON A. WHEELER, JR., PLAINTIFF-APPELLANT, v. RAYMOND K. PROCUNIER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 23, 1974

Citations

508 F.2d 888 (9th Cir. 1974)

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