Documente Academic
Documente Profesional
Documente Cultură
____________________
No. 92-1307
ISAAC AYCOX,
Plaintiff, Appellant,
v.
BROOKE HOUSE, INC., ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Mark L. Wolf, U.S. District Judge]
___________________
____________________
Before
Breyer, Chief Judge,
___________
Campbell, Senior Circuit Judge,
____________________
and Cyr, Circuit Judge.
_____________
____________________
____________________
August 26, 1992
____________________
Per Curiam.
__________
a district
complaint
court judgment
against
Brooke
dismissing his
House,
42 U.S.C.
Massachusetts
1983
halfway
relief
be
could
granted
and
simultaneously
denied
the
We affirm.
I.
_
We recite only
on appeal.
transferred to
alleged
that he
Release
Agreement" in
October
2,
was
1988,
went
to
in September
deceived
into
signing
connection with
while "on
visit
this
furlough"
his
1988.
fiancee
Plaintiff
"Community
transfer.
On
Brooke House,
in
Springfield,
An altercation
district court
the Massachusetts
Correction
He was then
Institute
He was
from
the issues
and sentenced to
plaintiff
plaintiff received
(M.C.I.)
taken to
at
Cedar
On or about October 6,
disciplinary
reports from
Brooke
conduct in
Springfield
on October
-3-
as a result of his
2-3, 1988.
Plaintiff
alleges
House as
that these
one of
reports
fraudulently identified
the DOC's
"Contact Pre-release
Brooke
Programs."
reports, plaintiff's
"rights to
adversely
punitive
affected.
damages,
parole
Plaintiff
as
well as
as a result
of these
release" have
sought
been
compensatory
declaratory
and
and
injunctive
relief.1
On August 23, 1989, Brooke House and McDonald moved
to
They
dismiss the
argued
because
complaint under
that the
complaint
Massachusetts law
disciplinary reports
Fed.
R. Civ.
failed
to state
oppose
appeared
for
this motion.
a scheduling
request
After
claim
to issue
P. 12(b)(6).
plaintiff
Plaintiff
On January
23,
conference
before
1990, plaintiff
a magistrate
did
discovery
interrogatories
and
this
dismissed
motion
for
the
for Stay."
argued
that
same reason
motion
affidavit.
for
The
subjected
me
to
violation
of
due process
allegations
in
lost
his
McDonald
that
the
should
judgment
averred
(sic)
of
of
law."
complaint,
the
"the
liberty
be
1990, plaintiff
and
that
not
other individual
On November 11,
summary
latter
supporting
Commonwealth
and
freedom
In contrast
plaintiff's
to
in
the
affidavit
was free
on a
"24 hour
pass."
Plaintiff
a habitual
As a result,
July 2, 1991,
which
referred the
and all
recommended
dismiss be allowed
that the
magistrate issued a
defendants'
motion
to
to indicate
____________________
2. Plaintiff filed an "Objection to the Wording" of the
order referring the aforementioned motions to the magistrate
which argued that the motion to dismiss should not be allowed
since the defendants had not produced documents nor opposed
plaintiff's motion for summary judgment.
-5-
and further
Plaintiff
magistrate's report
not
credits by
facility.
filed
allege
any facts
timely
objections
failed to
caused plaintiff to
holding themselves
regarding
to
the
Brooke House
did
to issue disciplinary
Plaintiff further
without due
reports and
as a
good
correctional
he
district
court
magistrate's
to dismiss.
report.
On
summary judgment.
falsely
represented
that
Brooke
House
had
Plaintiff also
allowed
issue disciplinary
Fair, 876
____
recognized
F.2d
243,
not have
to dismiss because
he never
Plaintiffs' challenge
to
court should
reports
to Brooke
House's authority
is specious.
244-45 (1st
Cir.
1989),
In
Lanier v.
______
this
court
-6-
house
Massachusetts
that
operate[s]
Halfway
Correction (DOC)."
House,
under
Inc.
the
and the
auspices
of
Department
of
signed a
We
typically provided
that "Community
Release
will be
in effect
20, 1987).
that
an inmate
training
and
employment
who
community
Massachusetts
provides
throughout my
rules
G.L. c.127,
49
participates in
programs
further
educational,
outside
correctional
correctional
peradventure
that
facility.
had
charging him
challenge
disciplinary
authority
Brooke
"
It
is
subject to
beyond
the DOC's
with violations
to
plaintiff remained
issue
of these
House's
disciplinary
rules.
authority
reports
Plaintiff's
to
initiate
is
inmates
process.
does
protected
may not
be returned
to higher
due process.
Brooke
him when he
House on
Amendment.
Such
custody absent
due
facts to suggest
Rather, from
against
Fourteenth
under the
at Brooke House
that plaintiff
all that appears
received notice of
October 6,
1988.
the charges
reports from
Apart from
the general
affected,"
"It is not
facts. .
. .
1, 3
therefore, unknown.
Dewey v.
_____
(1st Cir.
University of New
__________________
1982).
Even
a pro
se
. . as
Id.
___
authority to issue
disciplinary reports.
any
that the
facts showing
events
It did
not allege
surrounding plaintiff's
Dismissal
of the
complaint against
-8-
state a claim
reject plaintiff's
the defendants'
indicates that he
unsworn claim
that
motion to
dismiss.
Plaintiff's
brief
been filed at
the
conference
twenty-two
and
months
the dismissal
that
of
the
elapsed
between
this
complaint, plaintiff
indicated that
itself,
magistrate
issued
should
her
in
have
raised
recommendation.
failed to set
this
forth any
copy of the
before
Moreover,
his complaint.
His failure
to
the
the
of
come
____________________
4. Similarly, while inmates may have a protected liberty
interest in their reserve parole dates under Massachusetts
law, see Lanier, 876 F.2d at 253, as well as a protected
___ ______
interest in good time credits, see Nelson v. Commissioner of
___ ______
_______________
Correction, 390 Mass. 379,
388-89 (1983), neither the
__________
complaint nor plaintiff's summary judgment filings describe
any conduct by Brooke House or McDonald which suggests that
these defendants violated plaintiff's right to due process by
instituting disciplinary proceedings that resulted in the
loss of these rights.
-9-
forward
with
response
to
additional
the
facts
magistrate's
report
his
See Purvis v.
___ ______
claims
persuades
motion to dismiss.
826-27
supporting
us
in
that
not receive
failure to
-10-