Beruflich Dokumente
Kultur Dokumente
April 8, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 93-1566
FRED WOODARD,
Plaintiff, Appellant,
v.
ROBERT P. GITTENS, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. A. David Mazzone, U.S. District Judge]
___________________
____________________
Before
Breyer, Chief Judge,
___________
Torruella and Selya, Circuit Judges.
______________
____________________
Fred Woodard on brief pro se.
____________
Nancy Ankers White, Special Assistant Attorney General, and
__________________
J. Berner on brief for appellees.
_________
____________________
____________________
Per Curiam.
__________
Woodard alleged
that even
though
claim that
in its opinion.
applicable Department
Anonymous and
drug counseling
from the
of
delete
list of
good-time credit, in
the
memorandum
From 1981
J
_
Woodard
further alleged,
and defendants
have not
ruled in
no. 90-6387
regulations.
Department
to
retroactively
comply
award
The
with
court allegedly
the
prisoners
directed
the
regulatory
mandate
and
good-time
credit
for
Woodard filed as
1992
memorandum from
Correction,
advising
an attachment below
made
Commissioner of
corrections personnel,
"Recently, the
Department of Correction's
certain
programs
18,
a March
ineligible
for
earned
good
time
credits."
The
and
release
personnel to
dates
for
each
inmate
to
reflect
basis, Woodard
denial of
in these programs
during
We disagree.
policy memorandum,
whatever
its status under state law, did not violate the ex post facto
clause of the Constitution, art. 1,
reasons
-- stated
change in the
by the
district court
regulations did
memorandum, Woodard
not.
remained eligible
After
-- that
the 1987
the 1981
for exactly
policy
the same
was
that
he
had to
select
programs
All that
other
than
-3-
reason,
the
regulations,
1981
did
not
consequences attached
therefore
v.
policy memorandum,
"substantially
to
crime
like
alter
already
the
450
U.S.
24,
33
(1981)
1987
.
the
completed,
and
Graham,
______
For
Weaver
______
(quoting Dobbert
_______________
v.
1983
requires
or statutory right,
violation
1983
claim.
974
federal
_______
v.
226,
230
(1st
of
Cir.
1992).
The
in
state law.
by placing
Bowser
______
Olim
____
substantive limitations on
applicable
statutes
administrative
official discretion."
create
regulations
may
no
do
Even where
liberty
so
interest,
if
they
contain
decisionmaker
that
if
-4-
"specific
directives
to
the
the
must
follow."
v.
Massachusetts
in
the . .
any other
statute
governing
good-time
. satisfactory performance
program
or activity
which
of
the
___
further deduction of sentence
127,
129D (1993).
credit derives
the award
of good-time credit
Commissioner.
have
. . . ."
found use
of language
968 F.2d
such as
at 109
of the
(courts
"may"
insufficient to
Department of Correction
regulations, in
satisfactory
conduct,
satisfactory
completion,
or
month."
103
411.09(1) (1978)
(emphasis added).
whether
to
or
not
award
sentence
determination
reduction
to
the
not state
any
-5-
Commissioner,
id.
__
411.10(10-12),
and did
criteria
-- beyond the
completion,
or performance
--
by which
the Commissioner's
the
statute,
substantive
predicates
the Commissioner's
whether
to award
these
nor mandatory
discretion
good-time
particular program.
regulations
For
in
credit for
contained
language
his
to
determination
participation in
create a
liberty interest.
The only relevant
in
411.08(1)(g),
would carry
but not
which stated
that the
be limited to
Id.
___
. .
"shall include
_____
. alcoholics anonymous,
participated
be found
activities which
counseling."
that
in one of
or drug
The most
inmate would be
the participation
credit would
was
"satisfactory"
be awarded.
particular
procedure,
not
In other
and
whether
words, this
an
inmate
receive
provision -- mandating a
procedure only --
-6-
482,
liberty interest
subject
deprive
in the
matter to
original).
("inmates do not
which
they are
of
in the
directed") (emphasis
Woodard
have a protected
constitutionally
liberty
violated state
eligibility
defendants
liberty
for
deprive Woodard
interest
review his
if, as
good-time
of a
credit.
those
Nor
did
constitutionally protected
alleged,
they failed
record of participation in
the 1981-87
in
in
1992 to
-7-