United States District Court, D. Oregon
ARTHUR B. CALDERON, Plaintiff,
DELVALLE DEZI, et al., Defendants.
OPINION AND ORDER
A. RUSSOU.S. MAGISTRATE JUDGE
Plaintiff Arthur B. Calderon, an inmate at the Snake River
Correctional Institution (SRCI), brings this civil rights
action against Defendants Deziderio Delvalle,  a hearings
officer at SRCI, and Melissa Nofziger, an assistant inspector
general for the Oregon Department of Corrections (ODOC).
Plaintiff alleges that Defendants violated his substantive
and procedural due process rights when he was sanctioned for
his role in the assault of another inmate.
parties have filed cross-motions for summary judgment. For
the following reasons, I grant Defendants' motion and
deny Plaintiff's motion.
17, 2017, at about 9:20 p.m., inmate Manuel
Camas-Carroll unilaterally assaulted inmate Leonel
Zamora in a day room at SRCI. Delvalle Decl., Ex. 2, at 5
(misconduct report), ECF No. 38. A report completed on the
day of the assault stated:
It was reported to me that Inmate Camascarrol, Manuel had
exited his cell (3A01A) at the 9:20 PM line movement and ran
over to the phone area where Inmate Zamora, Leonel from 3A22B
was standing talking on the phone. Inmate Camascarrol then
started striking Inmate Zamora in the facial area with closed
fist until he knocked him to the floor. Inmate Camascarrol
then started kicking and jumping on Inmate Zamora's chest
and head area with both feet, by jumping into the air and
landing on the side of Inmate Zamora [sic] head.
As the response team entered unit 3A, Inmate Camascarrol
picked up a chair sitting in the day room and was hitting
Inmate Zamora several times. Sergeant Johnson gave multiple
orders to stop his assaultive behavior or chemicals would be
used, Inmate Camascarrol continued to hit Inmate Zamora with
Delvalle Decl., Ex. 2, at 13 (report by Lt. Jerry Mordhorst)
(inmate identification numbers omitted). Medical staff
determined that Zamora had suffered “multiple abrasions
to his head, chest, arms and back area with bruising and
swelling.” Id. Camas-Carroll did not report
misconduct report on Plaintiff dated June 6, 2017, Lt.
Mordhorst stated that an investigation determined that
Camas-Carroll and Zamora were members of the Surenos Security
Threat Group (Surenos), and that the assault was “a
form of internal punishment.” Delvalle Decl., Ex. 2, at
5. The investigation found that Plaintiff, who was considered
a leader of the Surenos, had conspired with inmate C.
Russell, a “sergeant” with the Surenos, to have
Camas-Carroll assault Zamora. Id. Based on the
investigation, ODOC officials charged Plaintiff with
violating Inmate Assault I, Rule 2.05, and Unauthorized
Organization I, Rule 4.5.
2.05 on Inmate Assault provides:
An inmate commits Inmate Assault I if he/she:
(A) 2.05.01 Causes serious physical injury to another inmate
or causes injury to an inmate that requires staff
transporting the inmate to an outside agency for medical
(B) 2.05.02 Causes physical injury to another inmate and uses
a dangerous or deadly weapon; or
(C) 2.05.03 Commits a unilateral attack in a location or
under circumstances which creates a threat to the safety,
security, or orderly operation of the facility, such as the
dining hall or the recreation area . . . .
Or. Admin. R. 291-105-0015(2)(c). Rule 4.45 on Unauthorized
Organization provides, “An inmate commits Unauthorized
Organization I if he/she involves himself/herself with a
group of two or more persons, whether formal or informal, and
who collectively or in concert creates or actively promotes,
recruits, participates in or involves himself/herself in
security threat activity.” Or. Admin. R.
291-105-0015(4)(q). Violations of either rule may result in
sanctions of up to 120 days in the Disciplinary Segregation
Unit, up to 28 days' loss of privileges, a maximum fine
of $200, and a time reduction. Delvalle Decl., Ex. 3, at 28
(Major Violations Grid).
disciplinary hearing on the charges was set for June 9, 2017.
On June 8, 2017, Plaintiff submitted a witness list. Delvalle
Decl., Ex. 2, at 41. Plaintiff sought to call Camas-Carroll,
Zamora, and Russell, and proposed asking them, “Did I
have anything to do with the assault on Inmate Zamora.”
Id. Plaintiff also sought to call two correctional
officers as character witnesses, asking them “did you
see [Plaintiff] working and staying out of trouble and
programming on mainline.” Id. He also sought
to call two staff members from the prison ...