Wheeler v. Butler
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Damon Wheeler brought this 42 U.S.C. § 1983 action, pro se and in forma pauperis, complaining of procedural due process defects at his Tier III prison disciplinary hearing, and of cruel and unusual punishment during his 86-day confinement in Eastern Correctional Facility’s special housing unit (“SHU”). The District Court for the Northern District of New York (Warren W. Eginton, Judge) granted summary judgment in favor of Defendants-Appellants on both claims. Wheeler filed a timely notice of appeal; he then filed a motion for assignment of pro bono counsel, which we granted on April 15, 2005. We assume the parties’ familiarity with the facts, procedural posture, and specification of issues on appeal.
In analyzing Wheeler’s Eighth Amendment claim, the District Court focused exclusively on whether Wheeler suffered an extreme deprivation of the basic human needs of nutrition, sanitary conditions, and the opportunity for exercise. While the District Court acknowledged that Wheeler was also denied the use of his hearing aids during his SHU confinement, it found that this deprivation did not amount to an Eighth Amendment violation because it did not cause Wheeler to miss “an excessive amount” of meals, showers, hot water, or outdoor recreation.
Wheeler argues that the District Court should have construed his complaint as also stating a claim of deliberate indifference to a serious medical need. “It is well-established that ‘when [a] plaintiff proceeds pro se ... a court is obligated to construe his pleadings liberally, particularly when they allege civil rights violations.’ ” Hemphill v. New York, 380 F.3d 680, 687 (2d Cir. 2004) (alteration in original). In other words, a court must interpret a pro se plaintiffs pleadings “to raise the strongest arguments that they suggest.” McPherson v. Coombe, 174 F.3d 276, 280 (2d Cir. 1999) (internal quotation marks omitted). In his amended complaint, Wheeler alleged that he had been diagnosed with a “ ‘severe’ hearing impairment which is classified as a ‘physical handicap’ by the Medical Dept.,” and that the prison medical records documented that he was “ ‘not fully functional’ without the use of [his] hearing aids.” Wheeler further alleged that his hearing aids were confiscated upon entry into the SHU and that “they were never returned to [him] even after [he] made numerous requests to get [them] but [he] was purposely denied which felt more like torture.... ” These allegations more than “suggested” a claim of deliberate indifference to a serious medical need. Accordingly, the District Court erred in failing to consider whether the deprivation of Wheeler’s hearing aids could, in and of itself, amount to cruel and unusual punishment under the standards articulated in Estelle v. Gamble, 429 U.S. 97, 103-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). See, e.g., Koehl v. Dalsheim, 85 F.3d 86 (2d Cir. 1996).
For this reason, we vacate the District Court’s judgment denying relief on the Eighth Amendment claim, and remand for further proceedings. On remand, the District Court should determine whether genuine issues of material fact exist as to the
The District Court dismissed Wheeler’s due process claim on the ground that the evidence “previously relative to the Eighth Amendment claim ... shows that plaintiff suffered no atypical or significant hardship” within the meaning of Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). In assessing atypicality under Sandin, a court must look to the “actual punishment” imposed. Scott v. Albury, 156 F.3d 283, 287 (2d Cir. 1998) (per curiam). In this case, the duration of Wheeler’s confinement, 86 days, “was not long enough to constitute an atypical and significant deprivation by itself.” Palmer v. Richards, 364 F.3d 60, 66 (2d Cir. 2004); see also Sealey v. Giltner, 197 F.3d 578, 589-90 (2d Cir. 1999). The atypicality analysis therefore turns on the conditions of Wheeler’s confinement. See Palmer, 364 F.3d at 66. If those conditions, taken in totality, were especially harsh “vis-a-vis both the conditions in [segregated] confinement and in the general prison population,” they may “violate a liberty interest despite the ‘comparative shortness’ of [the] confinement.” Id.; see also Sealey, 197 F.3d at 586.
Because the District Court’s findings with respect to the severity of Wheeler’s medical need may bear upon the atypicality of his punishment, we vacate the judgment dismissing the Due Process claim. On remand, the District Court should conduct a factual comparison between the particular conditions that Wheeler endured, and the “ordinary” conditions of SHU confinement and of prison life in general, keeping in mind that “[disputes about conditions may not be resolved on summary judgment.” Palmer, 364 F.3d at 65; see also Colon v. Howard, 215 F.3d 227, 232 & n. 5 (2d Cir. 2000). To further assist appellate review, the District Court should evaluate whether the process provided in this case was constitutionally sufficient — specifically, whether the evidence supplied by the confidential informant, or any other evidence obtained and presented by the prison officials, was sufficiently reliable to support the arson charge and guilty finding against Wheeler. See Superintendent v. Hill, 472 U.S. 445, 454, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985); Luna v. Pico, 356 F.3d 481, 488 (2d Cir. 2004); see also Sira v. Morton, 380 F.3d 57, 76-81 (2d Cir. 2004); Gaston v. Coughlin, 249 F.3d 156, 163-64 (2d Cir. 2001).
The District Court made no findings on exhaustion or estoppel. We therefore take no position on these issues at this time, and leave them to be determined by the District Court in the first instance in light of our intervening decisions in Ziemba v. Wezner, 366 F.3d 161 (2d Cir. 2004) (per curiam) and Hemphill, 380 F.3d 680.
For the foregoing reasons, the judgment of the District Court is VACATED. Pursuant to the procedure outlined in United States v. Jacobson, 15 F.3d 19, 21-22 (2d Cir. 1994), we REMAND this case to the District Court for further findings on the issues identified in this order.
. The District Court did not reach the issue of qualified immunity. In their brief to this Court, Defendants assert that they are entitled to qualified immunity on the Due Process claim because at the time of Wheeler's disciplinary hearing in early 2000, we had not yet decided Colon v. Howard, which found that "[cjonfinement in normal SHU conditions for 305 days [was] ... a sufficient departure from the ordinary incidents of prison life to require
. If appropriate, the District Court may also wish to consider whether any “special circumstances” justify a failure to exhaust in this case. See Giano v. Goord, 380 F.3d 670, 676-77 (2d Cir. 2004).
. We appointed counsel on appeal to represent Wheeler and suggest to the District Court that it also may wish to consider appointing counsel for Wheeler in view of the complexity of the issues involved. We leave it to the District Court and the parties to determine whether supplemental briefing or additional submission of evidence is appropriate.
Reference
- Full Case Name
- Damon WHEELER v. S. BUTLER, Deputy Superintendent, K. Simmons, Captain Napolean, C.O. McCarthy, NYS Department of Corrections
- Cited By
- 6 cases
- Status
- Published