The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Sanford Norman Harris ("Harris") is a prisoner at Stateville
Correctional Center ("Stateville") who sues a number of state
officials based on incidents surrounding Harris' February 1981
transfer from Sheridan Correctional Center ("Sheridan") to
Stateville. Harris' claims sound in both 42 U.S.C. § 1983
("Section 1983") and habeas corpus (28 U.S.C. § 2254) and
employ a three-step analysis:
(1) Harris was disciplined at Sheridan and then
transferred to Stateville in violation of numerous
regulations of the Illinois Department of
Corrections (the "Department").
(2) Those regulations create justifiable
expectations on the part of prison inmates,
establishing a "liberty" interest under the Due
Process Clause. See Meachum v. Fano, 427 U.S. 215,
226 [96 S.Ct. 2532, 2539, 49 L.Ed.2d 451] (1976);
Shango v. Jurich, 521 F. Supp. 1196, 1202 (N.D.Ill.
(3) Because the state-created procedures were
not followed in Harris' case, the treatment
afforded him by defendants amounts to a
deprivation of that liberty interest.
Defendants move to dismiss chiefly on the ground that Harris
has not stated a cause of action against them either
individually or collectively. For the reasons stated in this
memorandum opinion and order, defendants' motion is granted in
part and denied in part as to Count I of Harris' First Amended
Complaint (the "Complaint"), granted as to Count II and denied
as to Count III.
On October 17, 1980 defendant William Hiser ("Hiser") was the
head of Sheridan's Internal Affairs unit. Hiser summoned Harris
to Hiser's office for questioning by an Illinois Department of
Law Enforcement ("IDLE") investigator as to Harris' alleged
delivery of illegal drugs to another inmate. Harris denied the
allegations and also declined the IDLE agent's request to
submit to a polygraph test. Harris was not presented with a
Miranda-rights waiver form at the investigation, nor was he
otherwise informed of such rights.
On December 9, 1980 the prison officials served a
disciplinary "ticket" upon Harris charging him with violations
of several sections of Administrative Regulation ("A.R.") 804.
Those charges related to the same alleged delivery of drugs.
Next day the Sheridan Adjustment Committee (the "Committee")
called Harris to consider the charges against him. On his
motion it granted a 20-day continuance to December 30. On the
continued hearing date Harris attempted to make both oral and
written presentations of his defense to the Committee but was
prevented from doing so.*fn2 Committee member Partak told
Harris the inmate to whom Harris had assertedly delivered the
drugs had taken two polygraph tests. Two other inmates also
testified at the hearing, one of whom (inmate Wembley) executed
two affidavits that same day claiming he had offered testimony
that Harris was not guilty.
After the hearing the Committee found Harris guilty of four
sections of A.R. 804. Three of the violations involved drug
use, possession or delivery, while the fourth was for
"[d]isobeying . . . any prison rule." A.R. 804.II.A.1(1).
Harris was penalized with 30 days' segregation, the loss of 30
days' good time, demotion to "C" grade (from which grade Harris
could not earn good time) for 90 days and transfer from
Sheridan (less than a maximum security prison) to Stateville (a
maximum security prison).
Harris pursued internal grievances in accordance with A.R.
845, but no action was immediately forthcoming. Harris served
35 days in segregation rather than the scheduled 30 and was
released from segregation February 3, 1981. On February 8 the
prison officials transferred Harris to Stateville. Sheridan's
Inquiry Board rejected Harris' grievance February 27.
On May 13, though, the Department's Director informed Harris
that the December 9 disciplinary ticket was being "expunged"
from his record because prison records showed Harris had not
been given 24 hours to prepare his defense, as guaranteed by
A.R. 804.II.G.2. Harris' good time and "A" grade status were
therefore restored to him and he ...