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Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years
The Third Circuit Court of Appeals has held that despite 21 years in
solitary confinement, Pennsylvania prisoner Daniel Delker has received all
the process he is due and prison officials may continue to confine him.
Delker has been kept in solitary confinement since December 1973, after
killing a guard at his prison. His lawsuit alleged that while he has
received periodic reviews, those reviews were no more than rote
exercises. He alleged the denial of meaningful reviews violates the
Fourteenth Amendment.
The Third circuit agreed with the district court that prison officials
provided Delker with meaningful periodic reviews, and thus due process,
entitling prison officials to summary judgment. The Court, however, said
that it would be helpful to judicial review if a brief written
rationalization for keeping Delker confined in solitary was made when his
status was reviewed.
The district court's order was affirmed in this unpublished ruling. See:
Delker v. McCullough, 103 Fed. Appx. 694 (3rd Cir. 2004).
solitary confinement, Pennsylvania prisoner Daniel Delker has received all
the process he is due and prison officials may continue to confine him.
Delker has been kept in solitary confinement since December 1973, after
killing a guard at his prison. His lawsuit alleged that while he has
received periodic reviews, those reviews were no more than rote
exercises. He alleged the denial of meaningful reviews violates the
Fourteenth Amendment.
The Third circuit agreed with the district court that prison officials
provided Delker with meaningful periodic reviews, and thus due process,
entitling prison officials to summary judgment. The Court, however, said
that it would be helpful to judicial review if a brief written
rationalization for keeping Delker confined in solitary was made when his
status was reviewed.
The district court's order was affirmed in this unpublished ruling. See:
Delker v. McCullough, 103 Fed. Appx. 694 (3rd Cir. 2004).
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Related legal case
Delker v. McCullough
| Year | 2004 |
|---|---|
| Cite | 103 Fed. Appx. 694 (3rd Cir. 2004) |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
DANIEL DELKER, Appellant v. JOHN MCCULLOUGH, in his official capacity as the Superintendent of the State Correctional Institution at Houtzdale; J. F. MAZURKIEWICZ, in his official capacity as a member of the Program Review Committee of the State Correctional Institution at Houtzdale; D. A. KYLER, in his official capacity as a member of the Program Review Committee of the State Correctional Institution at Houtzdale; VARIOUS JOHN DOES, in their official capacity as members of the Program Review Committee of the State Correctional Institution at Houtzdale; THOMAS FULCOMER, in his official capacity as a Regional Deputy Secretary for the Pennsylvania Department of Corrections
No. 03-2145
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
103 Fed. Appx. 694; 2004 U.S. App.
February 12, 2004, Argued
July 12, 2004, Filed
NOTICE: [**1] RULES OF THE THIRD CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: On Appeal From the United States District Court For the Western District of Pennsylvania. (D.C. Civ. No. 01-cv-00312J). District Judge: Honorable Joy Flowers Conti.
DISPOSITION: Affirmed.
COUNSEL: Jere Krakoff, Esquire (Argued), Pennsylvania Institutional Law Project, Pittsburgh, PA, Counsel fo Appellant.
D. Michael Fisher, Attorney General, Kemal A. Mericli (Argued), Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General of Pennsylvania, Pittsburgh, PA, Counsel for Appellees.
JUDGES: Before: SCIRICA, Chief Judge, ROTH and MCKEE, Circuit Judges.
OPINIONBY: ROTH
OPINION: [*694] ROTH, Circuit Judge:
Daniel Delker appeals the District Court's order granting appellees' motion for summary judgment. The procedural history of this case and the details of Delker's claims are well-known to the parties, set forth in the District Court's thorough opinion, and need not be discussed at length. Briefly, Delker alleged that he [*695] was confined in administrative segregation without meaningful review and that this [**2] violated his right to due process. Delker has been kept in segregation since December 1973 after killing a Department of Corrections captain. The Magistrate Judge issued a Report and Recommendation and concluded that, while Delker had a liberty interest in being released from administrative segregation, the procedures used to determine whether or not he would be released comported with procedural due process. The District Court adopted the Magistrate Judge's Report and Recommendation and granted the motion for summary judgment. Delker filed a timely notice of appeal and we have jurisdiction under 28 U.S.C. § 1291.
We exercise plenary review over the District Court's order granting appellees' motion for summary judgment. Gallo v. City of Philadelphia, 161 F.3d 217, 221 (3d Cir. 1998). A grant of summary judgment will be affirmed if our review reveals that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). We review the facts in a light most favorable to the party against whom summary judgment was entered. See [**3] Coolspring Stone Supply, Inc. v. American States Life Ins. Co., 10 F.3d 144, 146 (3d Cir. 1993).
Appellees conceded in the District Court that Delker's continuing placement in administrative confinement triggers due process protections. Thus, the question is whether Delker received procedural due process in relation to his confinement. In Shoats v. Horn, 213 F.3d 140 (3d Cir. 2000), we examined the case of a prisoner who had been held in administrative confinement for eight years. We held that based on the periodic reviews of his status, Shoats had received the due process to which he was entitled. We further noted that even if Shoats's confinement was based only on his past crimes, the process would be constitutional. Delker argues that, while he has been given the required periodic reviews, these reviews were "no more than rote exercises" and this denial of meaningful review violates the Fourteenth Amendment.
The District Court did a thorough review of the relevant caselaw and set forth a concise summary of the appellees' deposition testimony. We agree with the District Court that the appellees gave Delker meaningful periodic reviews, and thus [**4] procedural due process, and were entitled to summary judgment. However, we note that it would be helpful for judicial review if a brief written rationalization for keeping Delker confined in solitary was made when his status was reviewed, although not necessarily every ninety days.
For the above reasons, as well as those set forth by the District Court, we will affirm the District Court's April 1, 2003, judgment.
No. 03-2145
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
103 Fed. Appx. 694; 2004 U.S. App.
February 12, 2004, Argued
July 12, 2004, Filed
NOTICE: [**1] RULES OF THE THIRD CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: On Appeal From the United States District Court For the Western District of Pennsylvania. (D.C. Civ. No. 01-cv-00312J). District Judge: Honorable Joy Flowers Conti.
DISPOSITION: Affirmed.
COUNSEL: Jere Krakoff, Esquire (Argued), Pennsylvania Institutional Law Project, Pittsburgh, PA, Counsel fo Appellant.
D. Michael Fisher, Attorney General, Kemal A. Mericli (Argued), Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General of Pennsylvania, Pittsburgh, PA, Counsel for Appellees.
JUDGES: Before: SCIRICA, Chief Judge, ROTH and MCKEE, Circuit Judges.
OPINIONBY: ROTH
OPINION: [*694] ROTH, Circuit Judge:
Daniel Delker appeals the District Court's order granting appellees' motion for summary judgment. The procedural history of this case and the details of Delker's claims are well-known to the parties, set forth in the District Court's thorough opinion, and need not be discussed at length. Briefly, Delker alleged that he [*695] was confined in administrative segregation without meaningful review and that this [**2] violated his right to due process. Delker has been kept in segregation since December 1973 after killing a Department of Corrections captain. The Magistrate Judge issued a Report and Recommendation and concluded that, while Delker had a liberty interest in being released from administrative segregation, the procedures used to determine whether or not he would be released comported with procedural due process. The District Court adopted the Magistrate Judge's Report and Recommendation and granted the motion for summary judgment. Delker filed a timely notice of appeal and we have jurisdiction under 28 U.S.C. § 1291.
We exercise plenary review over the District Court's order granting appellees' motion for summary judgment. Gallo v. City of Philadelphia, 161 F.3d 217, 221 (3d Cir. 1998). A grant of summary judgment will be affirmed if our review reveals that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). We review the facts in a light most favorable to the party against whom summary judgment was entered. See [**3] Coolspring Stone Supply, Inc. v. American States Life Ins. Co., 10 F.3d 144, 146 (3d Cir. 1993).
Appellees conceded in the District Court that Delker's continuing placement in administrative confinement triggers due process protections. Thus, the question is whether Delker received procedural due process in relation to his confinement. In Shoats v. Horn, 213 F.3d 140 (3d Cir. 2000), we examined the case of a prisoner who had been held in administrative confinement for eight years. We held that based on the periodic reviews of his status, Shoats had received the due process to which he was entitled. We further noted that even if Shoats's confinement was based only on his past crimes, the process would be constitutional. Delker argues that, while he has been given the required periodic reviews, these reviews were "no more than rote exercises" and this denial of meaningful review violates the Fourteenth Amendment.
The District Court did a thorough review of the relevant caselaw and set forth a concise summary of the appellees' deposition testimony. We agree with the District Court that the appellees gave Delker meaningful periodic reviews, and thus [**4] procedural due process, and were entitled to summary judgment. However, we note that it would be helpful for judicial review if a brief written rationalization for keeping Delker confined in solitary was made when his status was reviewed, although not necessarily every ninety days.
For the above reasons, as well as those set forth by the District Court, we will affirm the District Court's April 1, 2003, judgment.