454 U.S. 907 (1981)

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U.S. Supreme Court

BOLES v. CHAVIS , 454 U.S. 907 (1981)

454 U.S. 907

J. BOLES, et al.,
William CHAVIS
No. 80-2082

Supreme Court of the United States

October 13, 1981

On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is denied.

Justice REHNQUIST, dissenting.

This case originated in the United States District Court for the Northern District of Illinois, and that court issued a brief memorandum opinion and order denying relief to respondent

Page 454 U.S. 907 , 908

Chavis. Respondent had brought an action under 42 U. S. C. 1983 claiming that he had been denied constitutional rights as a result of prison procedures set in motion by the stabbing of a correctional officer at one of the Illinois state prisons, even though he was ultimately exonerated by those procedures. The District Court divided respondent's complaint into two parts: a claim of denial of due process under the Fourteenth Amendment to the United States Constitution by reason of the conduct of the hearing before the prison Adjustment Committee in 1976, and a claim that he was denied his "civil rights" when he was transferred to another prison in the system without a hearing. The District Court discussed the 1976 hearing in some detail, and found no violation of due process. In addition, the District Court found that respondent's transfer without a hearing raised no constitutional issue because of our decision in Meachum v. Fano, 427 U.S. 215 (1976). The court accordingly dismissed respondent's complaint.

On appeal, the Court of Appeals CA 7, 643 F.2d 1281, reversed the judgment of the District Court as to the due process claim and also sustained an Eighth Amendment claim upon which the District Court appears not to have passed. Chavis v. Rowe, 643 F.2d 1281 (CA 7 1981). The Court of Appeals stated that "Chavis' failure to name a particular defendant in connection with his Eighth Amendment allegation is no bar to this claim." Id., at 1290, n. 9.

I believe that this Court should grant petitioners' request for review of the manner in which the Court of Appeals treated the respondent's due process claim. At a hearing on October 2, 1976, the Adjustment Committee dismissed the correctional officer's "ticket" as " improperly written". Id., at 1283. The following week, another correctional officer who was also a member of the Adjustment Committee wrote a second "Inmate Violation Report" charging respondent with the assault and stabbing. After a series of proceedings and appeals within the Illinois prison system, the Acting Director [454 U.S. 907 , 909]

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