The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Three motions are now pending:
1. defendants' motion to dismiss Harris' Third
(and current) Amended Complaint (the
2 and 3. cross-motions for summary judgment
brought in connection with the Second Amended
For the reasons stated in this memorandum opinion and order,
both defendants' motions are granted in part and Harris' is
denied in its entirety.
On October 17, 1980 William Hiser, the head of Sheridan's
Internal Affairs unit, summoned Harris into his 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
Convinced of Harris' complicity in the drug transaction, on
December 9, 1980 prison officials served a disciplinary
"ticket" on Harris charging him with violations of several
sections of Administrative Regulation ("A.R.") 804. Next day
the Committee*fn3 called Harris in to consider the charges.
On his motion it granted a 20-day continuance to December 30.
However, on the continued hearing date the Committee refused
to allow Harris to make either an oral or written presentation
of his defense. After Harris left the hearing two other
inmates testified. One of the two, inmate Wembley, executed
two affidavits that same day claiming he had testified as to
Harris' innocence. At no point did the Committee ever disclose
to Harris the existence of such exculpatory evidence.
After the hearing the Committee found Harris guilty of
violating 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 to Stateville.
Though the pleadings and supporting affidavits are somewhat
unclear, it appears Harris received "segregation status"
immediately after the Committee's December 30 decision.
Because Sheridan lacks separate segregation facilities,
segregation is typically accomplished by locking the prisoner
in his own cell and thus depriving him of general population
privileges (principally his access to various institutional
facilities). Anderson Aff. ¶ 3. Apparently Harris was so kept
in his own cell until January 12,
1981, when Sheridan officials moved him to another cell (C.L.
On January 29, 1981 — his scheduled "out-date" — Harris was
taken off segregation status and his cell was unlocked.*fn5
Though he remained in the same cell for another five days, his
living conditions did not materially diverge from those of his
fellow prisoners in the general population. Each cell at
Sheridan (including C.L. # 3) at that time was "substantially
the same in terms of size, condition, and fixtures" and had
"substantially the same access to institutional facilities
available to prisoners in the general population." Anderson
Aff. ¶¶ 4, 5.
On February 3 Sheridan authorities returned Harris to his
old cell. His stay was short-lived however, for he was
transferred to Stateville on February 8. Though the parties
dispute this issue, for present purposes it will be assumed
Harris was not accorded any pre-transfer hearing.
On February 27 Sheridan's Inquiry Board rejected Harris'
grievance. But on May 13 Lane informed Harris:
1. His December 9 disciplinary ticket would be
"expunged" from his record because he had not
been given 24 hours to prepare his ...