Townes v. Hewitt
Townes v. Hewitt
Opinion of the Court
Opinion by
This matter is before us on the appeal of Robert B. Jones and Ivory Woodbury (Appellants) from a final decree dismissing exceptions to a decree nisi entered by the Court of Common Pleas of Huntingdon
This action was commenced on January 22, 1979 by Appellants and other inmates
The action here paralleled one .then pending in the federal courts which stemmed from the same incident and alleged virtually identical constitutional violations.
Before this Court, Appellants raise only those issues not controlled by Helms. They argue first that they received no written notice of the charge for which they were ultimately punished, in violation of their right to due process of law. Both were charged with “assaulting officers and conspiracy to disrupt normal institution routine by forcefully taking over the control center,” offenses under the Bureau of Corrections’ code of conduct. See 37 Pa. Code §§95.102a(13), 95.102a (16). Following administrative proceedings, however, both were found to have “disobeyed orders,” a violation of 37 Pa. Code §95.102(18). The court of common pleas reasoned that the misconduct of disobeying orders constituted a lesser offense included in the charge of conspiracy to disrupt routine and seize the control center. The court stated:
It is obvious that in order to take over the control penter, orders would have to be disobeyed. Indeed, taking over the control center itself can be viewed as disobedience to orders on an extremely broad scale. It is true that Plaintiffs were not actually found guilty of taking over the center. However, the notice given them was such that they could have and should have prepared to answer all aspects of the charge, including .whether or not they were engaging in active disobedience with regard to the general disturbance at SCIH.
We are inclined to agree with the reasoning of the court of common pleas. In addition to the language
This inmate was a member of an organized plot and did actively involve himself with at least ten (10) other inmates in the assault upon at least five (5) corrections officers in “C” Block and attempted to break through the “C” Block entrance grill to the control center to disrupt the normal institution routine by usurping the authority of institution officials. (Emphasis added.)
Clearly this language, together with the general charge of conspiracy to disrupt and take over the control center, gave ample notice to the Appellants that they faced discipline for any misconduct connected with that activity, including disobedience of orders.' Appellants ’ right to due process does not require prison officials to enumerate each specific violation of the code of conduct. Wolff v. McDonnell, 418 U.S. 539 (1974), is not to the contrary. Wolff held that oral notice to a prisoner of the disciplinary charges against him was insufficient and due process required written notice. But the Supreme Court was explicit that “[p] rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply.” Id. at 556. And the Court noted: “[T]he function of notice is to give the charged party a chance to marshal the facts in his defense and to clarify what the charges are, in fact. ’ ’ Id. at 564. Here the written notice was quite adequate to allow Appellants to understand clearly the nature of the charges made against them and to afford them the opportunity to marshal. the necessary facts to present a defense.
Woodbury argues, however, that double jeopardy operates to bar the subsequent hearing because prison officials “cast their lot” with the evidence on hand at the first hearing.
Accordingly, we affirm.
Order
Now, July 20, 1984, the order of the Court of Common Pleas of Huntingdon County in the above referenced matter, dated August 10, 1983, is hereby affirmed.
Ronald Townes, Anthony Roberson, Robert Hagwood, Kevin Gans, Ivory Woodbury and Robert B. Jones joined as plaintiffs in the action. Only Robert B. Jones and Ivory Woodbury are Appellants before this Court.
Defendants were Lowell D. Hewitt, D. R. Erhard, T. W. Henry, W. W. Mateer, R. E. Hefright, R. E. Stotelmyer, B. K. Smith, G. Willison, R. Fortson and K. R. Hileman, as well as the Program Review Committee at SCIH.
See Helms v. Hewitt, Civ. No. 79-950 (M.D. Pa. August 15, 1980), rev’d 655 F.2d 487 (3rd Cir. 1981), rev’d, Hewitt v. Helms, 459 U.S. 460, (1983).
Woodbury also argues before this Court that hearsay evidence was improperly admitted in the second proceeding. No exception to the admission of the evidence was raised before the court of common pleas, however, and we will not consider the matter for the first time on appeal. Pa. R.A.P. 302(a).
Reference
- Full Case Name
- Ronald Townes, Anthony Roberson, Robert Hagwood, Kevin Gans, Ivory Woodbury and Robert B. Jones v. Lowell D. Hewitt, D. R. Erhard, T. W. Henry, W. W. Mateer, R. E. Hefright, R. E. Stotelmyer, B. K. Smith, G. Willison, R. Fortson and K. R. Hileman, Program Review Committee, State Correctional Institution at Huntingdon, Robert B Jones and Ivory Woodbury
- Cited By
- 1 case
- Status
- Published