From Casetext: Smarter Legal Research

Altizer v. Paderick

United States Court of Appeals, Fourth Circuit
Jan 25, 1978
569 F.2d 812 (4th Cir. 1978)

Summary

holding prisoners do not have constitutionally protected right to work while incarcerated, or to remain in a particular job once assigned.

Summary of this case from Dean v. Clarke

Opinion

No. 76-2182.

Argued October 4, 1977.

Decided January 25, 1978.

Tracy Dunham, Richmond, Va. (Carolyn J. Colville, Colville Dunham, Richmond, Va., on brief), for appellant.

Patrick A. O'Hare, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Appeal from the United States District Court for the Eastern District of Virginia.

Before RUSSELL, WIDENER and HALL, Circuit Judges.


The appellant a state prisoner, complains that his removal as an inmate counselor by the prison officials, without a fact finding hearing, was violative of his due process rights. The district court dismissed his action and we affirm.

It is well settled that federal courts do not occupy "the role of super wardens of state penal institutions" ( Cooper v. Riddle (4th Cir. 1976) 540 F.2d 731, 732), and "do not sit to supervise state prisons" ( Meachum v. Fano (1976) 427 U.S. 215, 229, 96 S.Ct. 2532, 2540, 49 L.Ed.2d 451). In particular, the classifications and work assignments of prisoners in such institutions are matters of prison administration, within the discretion of the prison administrators, and do not require fact-finding hearings as a prerequisite for the exercise of such discretion. Cooper v. Riddle, supra; Chapman v. Plageman (W.D.Va. 1976) 417 F. Supp. 906, 908. To hold that they are "within reach of the procedural protections of the Due Process Clause would place the Clause astride the day-to-day functioning of state prisons and involve the judiciary in issues and discretionary decisions that are not the business of federal judges." Meachum v. Fano, 427 U.S. at 228-29, 96 S.Ct. at 2540. It follows that the appellant was not denied any constitutional right by the action of the prison administrators in removing him, without a hearing, from assignment to the inmate advisor program. Nor was the appellant entitled to a due process hearing because the prison officials included in his file the reasons for his transfer from the inmate advisor program, even though such information might have some implications for any later right to parole on his part. See, Meachum v. Fano, supra, at 229, note 8, 96 S.Ct. at 2540; Lay v. Williams and Scott v. Williams, ___ U.S. ___, 98 S.Ct. 311, 54 L.Ed.2d 196.

Note 8:

"Nor do we think the situation is substantially different because a record will be made of the transfer and the reasons which underlay it, thus perhaps affecting the future conditions of confinement, including the possibilities of parole. The granting of parole has itself not yet been deemed a function to which due process requirements are applicable. See Scott v. Kentucky Parole Board, No. 74-6438, cert. granted 1975, 423 U.S. 1031, [ 96 S.Ct. 561, 46 L.Ed.2d 404.] If such holding eventuates, it will be time enough to consider respondents' contentions that there is unfounded information contained in their files."

The judgment of the district court is accordingly

AFFIRMED.


Summaries of

Altizer v. Paderick

United States Court of Appeals, Fourth Circuit
Jan 25, 1978
569 F.2d 812 (4th Cir. 1978)

holding prisoners do not have constitutionally protected right to work while incarcerated, or to remain in a particular job once assigned.

Summary of this case from Dean v. Clarke

holding that inmate "was not denied any constitutional right by the action of the prison administrators in removing him, without a hearing, from assignment to [a particular prison job]"

Summary of this case from Al-Haqq v. Scarborough

holding that the "work assignments of prisoners in [state] institutions are matters of prison administration, within the discretion of the prison administrators" and are not within the "reach of the procedural protections of the Due Process Clause"

Summary of this case from Harris v. Unit Manager Avcook

holding that "the classifications and work assignments of prisoners . . . are matters of prison administration, within the discretion of the prison administrators" and that a prisoner has no constitutionally protected interest in either his job status or his classification status

Summary of this case from Dougherty v. Virginia

holding that custody classifications and work assignments are generally within the discretion of the prison administrator

Summary of this case from Chisolm v. SCDC

holding that plaintiff who was removed from an institutional position as an inmate counselor was not entitled to due process

Summary of this case from Rivers v. Hodge

holding that the classifications and work assignments of prisoners are matters of prison administration, within the discretion of the prison administrators

Summary of this case from Barnes v. Huffman

finding no denial of Due Process rights when prison administrators removed prisoner from job assignment without a hearing and explaining that classifications and work assignments of prisoners in penal institutions are matters of prison administration, within the discretion of the prison administrators, and do not require fact-finding hearings as a prerequisite for the exercise of such discretion

Summary of this case from Williams v. Duncan

finding no denial of Due Process rights when prison administrators removed prisoner from job assignment without a hearing and explaining that classifications and work assignments of prisoners in penal institutions are matters of prison administration, within the discretion of the prison administrators, and do not require fact-finding hearings as a prerequisite for the exercise of such discretion.

Summary of this case from Hardaway v. Myers

finding that courts may not take on "the role of super wardens of state penal institutions" and "do not sit to supervise state prisons. ... In particular, the classifications and work assignments of prisoners in such institutions are matters of prison administration, within the discretion of the prison administrators."

Summary of this case from Dougherty v. Virginia

finding that classifications and work assignments are discretionary matters for prison administration and "to hold that they are `within reach of the procedural protections of the Due Process Clause would place the Clause astride the day-to-day functioning of state prisons and involve the judiciary in issues and discretionary decisions that are not the business'" of the judiciary

Summary of this case from Furtick v. S.C. Dept. of Corrections

In Altizer, the Fourth Circuit emphasized the fact that work assignments of prisoners in state institutions are within the discretion of prison administrators.

Summary of this case from Rivers v. Hodge
Case details for

Altizer v. Paderick

Case Details

Full title:FRANK ERVIN ALTIZER, JR., APPELLANT, v. E. L. PADERICK, INDIVIDUALLY AND…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 25, 1978

Citations

569 F.2d 812 (4th Cir. 1978)

Citing Cases

Blankumsee v. Galley

Furthermore, prisoners do not have a constitutionally protected right to work while detained or incarcerated,…

Vice v. Harvey

Id. at 731. See also, Altizer v. Paderick, 569 F.2d 812 (4th Cir. 1978). From the preceding discussion, it is…