Professional Documents
Culture Documents
No. 94-1102
WESTON J. STOW,
Plaintiff, Appellant,
v.
DAVID HORAN, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, U.S. District Judge]
____________________
Before
Torruella, Chief Judge,
___________
Selya and Cyr, Circuit Judges.
______________
____________________
Weston J. Stow on brief pro se.
______________
Per Curiam.
___________
district court's
favor.
Appellant
grant
Weston
of summary
Stow
judgment
appeals the
in
appellees'
Background
__________
We
describe
advantageous
to
the
Stow.
facts
See
___
in
the
Nereida-Gonzalez
________________
701, 702
a prison term in
was transported to a
Interstate
light
v.
In
Detainers (IAD)
Tirado_______
September
Massachusetts,
Agreement on
most
to stand
under the
trial on
convicted on
returned to
county jail
James O'Mara,
jail,
obtained Stow's
(NHSP).
that state.1
He was
in December
1990, and
those charges
1991,
Prison
him in
In
pending
who
sentencing.
a letter
the New
to
an NHSP
explained that
[down]
history of
in the
non-murder case.
involved in
be injured during
a forced
1,
county
Hampshire State
In addition,
minor problem.
of the
was
official, O'Mara
the Hillsborough
Court for a
[, which] presents a
On April
was superintendent
transfer to
tried
County Superior
inmate Stow
is
former Superintendent
If inmate
move, he could
Stow were to
allege that
the
____________________
1. The IAD is codified at N.H. Rev. Stat. Ann. 606-A:1.
State prisoners may file section 1983 suits based on alleged
violations of the IAD, as codified in state law. See Cuyler
___ ______
v. Adams, 449 U.S. 433, 442, 450 (1981).
_____
treatment
was a
result
of this
suit.
It
would be
most
could be avoided."
NHSP without
being given
Stow
was then
prior notice
or a
May 3,
1991, a
to 40-80 years in
prison, to be
New Hampshire
court sentenced
served consecutive to
discovered
would not
be returned
subsequently that
day he was
to Massachusetts.
county prosecutor
He
David Horan
concern that,
if Stow's
contest future
retrial
attempts to return
and seek
dismissal
him to New
of the
Stow would
Hampshire for
indictment against
him
back to
September,
Stow
sentencing.
submitted several
In
inmate request
August and
slips to
____________________
2. Under what is known as an "anti-shuffling" provision, a
prisoner may obtain dismissal of the indictment against him
in a receiving state if the state has not tried him on the
charges against him before returning him to the sending
state. See N.H. Rev. Stat. Ann. 606-A:1, Art. IV(e).
___
-3-
of
Massachusetts.
While these events were
the
His claims
first to
the
prevented Stow's
thereby
various
should
have
of
With
rights
the Federal
been returned
sentenced on May 3,
him
return to Massachusetts
violating Stow's
provisions
to
transferring
to
under
his
him to
____________________
second
in June
the IAD
Constitution;
Massachusetts
that
after he
and
he
was
not returned
claim,
Stow
asserted
that
without official
county jail
file
a county
In
employee
had
told
him
averred that
and that
he had
alleged
he had
damages.
as a
he
civil rights
done so most
defendant, seeking
had
been
What is more,
consistently queried
county jail
violations
intensely in
that
authorities about
jail,
that he would
transferred
Stow
violations continued.
that
filing of a
at
the
the time
declaratory
relief and
be returned to Massachusetts,
Cunningham had
absolute
immunity
deriving
It found
from
the
common law immunity accorded wardens and others who carry out
judicial orders,
pointing to
a state decision
denying Stow
See
___
Stow v.
____
The
Horan, 829 F.
_____
Supp. 504,
507 (D.N.H.
1993).
____________________
5. Cunningham
filed a
motion to
dismiss, which
he
supplemented by affidavit after the district court directed
the parties to submit summary judgment materials.
-5-
court
also granted
determining
O'Mara
that
summary judgment
Horan
was protected
had
qualified
by qualified
for Horan
and O'Mara,
immunity6 and
immunity for
that
the period
conferred
procedural
court
no pre-transfer
dismissed Stow's
rights
claims relating
to his
on Stow,
the
transfer to
NHSP.
II.
A.
Discussion
__________
Alleged IAD Violations
______________________
Stow claims
the defendants to
be immune
not address
from suit.
erred in finding
Since we
conclude
the district
court's conclusions,
or the
of
the cases
not keep
cited
by
Stow
an IAD prisoner
held
in the
that
state
pending resolution
that if it returns
appeal is
obtain dismissal of
To
be sure, some
the case law supports the proposition that Stow could not
____________________
6. Because it found that Horan had qualified immunity, the
court
declined to consider
Horan's claim of absolute
prosecutorial immunity. On appeal, Stow seems mistakenly to
believe that the court
found that Horan had absolute
immunity, and much of his argument addresses that question.
-6-
Joubert v.
_______
(denying
McKernan,
________
prisoner's
588 A.2d
claim
that a
748,
751 (Me.
receiving
See,
____
1991)
state
was
a prisoner's
claim
that the
(Md. 1990)
receiving state
had
receiving
provision
pending
a prisoner's claim
state had
the anti-shuffling
of the IAD by
his retrial
situation
to
violated
returning him to
after a
returning
prisoner to
IAD prisoner
returned
the sending
potentially
serious
Stow to Massachusetts
analogizing that
the
sending
consequences
or actually
right to
appeal.
of prematurely
state
Nonetheless, those
hold that an
to
mistrial and
574
be
Given the
returning
precedent, we think
on
those
jurisdictions
cases
--
in
--
all
of
determining
which
when to
are
from
return
other
Stow
to
Massachusetts.
-7-
itself does
Massachusetts after
not require
his sentencing.
Stow's
Instead, it
practicable
time
with
agreement."
its
face,
consonant
therefore,
the IAD
the
purposes
establishes
no
of
this
On
bright-line
has recently
prisoner
note
held
that the
New Hampshire
state
may keep
___
Supreme
an
IAD
that the
retry him
if his appeal
were successful.
be able
See Cross v.
___ _____
Warden, 644 A.2d 542 (N.H. 1994).
______
Because appellees
established
rights
by
violated none of
keeping
him in
the
Stow's clearly
state
pending
resolution
damages by
qualified immunity.
See Nereida-Gonzalez,
___ ________________
990
F.2d at 704.
B.
Stow
that
New
Hampshire
statement of
being
accepts
the
district court's
law gave
transferred
Nevertheless,
from
him
right
transfer, or a
the
he asseverates
no
county
that
jail
determination
to notice,
hearing before
to
the
Massachusetts
NHSP.
prison
-8-
classification
(1992) (stating
at state,
regulation,
103 Code
Mass.
Regs.
420.04
to "all inmates
correctional institutions
who
him while he
Massachusetts
that
regulation grants
rights.
Even
if
him certain
Stow's argument
regulation applied
He claims that
pre-transfer procedural
that the
classification
Rather,
it
provides that
But
a classification
hearing
inmate's transfer."
See id.
___ ___
"transfer"
is defined
to
be either
another correctional
approval
by
the
facility within
______
Commissioner
420.06
(emphasis
"correctional facility"
or
contract
regulation
supplied).
procedural
designee,"
institution
on
an
facility."
term
a "state, county
located
supplied). Nowhere
rights
or
Furthermore, the
is defined to mean
Id. (emphasis
___
confer
his
of state or federal
__ _____
correctional
Massachusetts."
_____________
or
Massachusetts upon
_____________
inmates
within
______
does the
who
are
____________________
7. We do not decide this point, but we note that Stow's
argument appears to find support in Good v. Commissioner of
____
_______________
Correction, 629 N.E.2d 1321, 1323-24 (Mass. 1994).
__________
-9-
transferred
intrastate from
one
correctional
facility
to
his
retaliatory
transfer
claim.
We
agree.
law.
See,
___
e.g., Ferranti v.
____ ________
v. Hall,
____
Discovery-Related Issues
________________________
Stow also
the
court erred
for
therefore,
in
granting
been completed.
matters.
waived.
disposition
But he
--
First, he says
summary judgment
brevis
______
court erred in
and
did not
since
present
argument
is,
Second,
Stow
says
that
the
court
erred
in
housed at
the Hillsborough
County
requests
would
require
him
to
review
and
classify
to pay
for the
allow
were
copying.
abuse
its
We find
discretion
in
that the
sustaining
lower court
O'Mara's
requests were
did not
objections,
overbroad and
sought
account a set
Fed.
such
admissions
are
appropriately
considered
on
While
summary
F.2d
failure
695, 697
to respond
admission, unless
(1st
Cir.)
to such
("Under [Rule]
a request
is deemed
36(a),
the
a binding
-11-
190
(1993),
we
transfer claim,
have
already
remanded Stow's
retaliatory
we assume that
the district
We
that
note,
however,
O'Mara
may
yet
move
on remand.8
to
permit
on how the
We
treat
Conclusion
__________
We need go
no further.
To the
extent that
advances
say that
we have considered
them.
Stow
It suffices to
summarily reject
is moot
because he has
Preiser
_______
of
been returned to
Massachusetts, see
___
the court's discretion, see Foman v. Davis, 371 U.S. 178, 182
___ _____
_____
(1962)
(holding that
leave to
litigant has no
be denied
amend may
if the
not err
constitutional right to
that an indigent
counsel in a
civil
____________________
8. For clarity's sake, we note that the court need not
consider the default admissions relating to O'Mara's alleged
case,
but
must
demonstrate
exceptional
circumstances
to
-13-