United States District Court, D. Oregon
OPINION AND ORDER
F. BECKERMAN UNITED STATES MAGISTRATE JUDGE
Thomas Bristol (“Bristol”) filed a complaint
against five Oregon Department of Corrections
(“ODOC”) employees pursuant to 42 U.S.C. §
1983, alleging violations of his Fourteenth Amendment due
process rights arising from their revocation of Bristol's
transitional leave status without first providing the
protections set forth in Morrissey v. Brewer, 408
U.S. 471 (1972). (ECF No. 1.) Bristol voluntarily dismissed
defendant Colette S. Peters from this case, and the Court
refers to the four remaining defendants as the “State
Defendants.” Bristol seeks declaratory relief,
injunctive relief, and damages. (Compl. at 15-16.)
parties filed cross motions for summary
judgment. (ECF Nos. 19, 22.) The Court heard oral
argument on both motions. For the reasons stated below, the
Court grants in part Bristol's motion for summary
judgment, and grants in part the State Defendants' motion
for summary judgment.
was sentenced to serve a 35-month prison term in ODOC custody
and a 36-month term of post-prison supervision following his
September 23, 2014 conviction for Delivery of Cocaine. (Erik
E. Eklund Am. Decl. Ex. 2 at 6-7, Ex. 5 at 17-19, Mar. 12,
2018.) On May 12, 2015, while still in custody, Bristol
applied to participate in an alternative incarceration
program (“AIP”). (Michael R. Washington Decl.
¶ 4; Ex. 3, Mar. 12, 2018.) On October 28, 2015, ODOC
moved Bristol from Santiam Correctional Institution to Powder
River Correctional Facility (“PRCF”) to
participate in the AIP Substance Abuse Treatment Program.
(Washington Decl. Ex. 4.)
completing the first component of the AIP, ODOC approved
Bristol for its Short Term Transitional Leave
(“STTL”) program, to begin on June 29, 2016 and
continue until September 27, 2016 when “post-prison
supervision begins.” (Washington Decl. Ex. 6; Eklund
Am. Decl. Ex. 5 at 50.) Subsection (4) of OAR §
291-062-0110 defines “Short-Term Transition
Leave/Non-Prison Leave” as a “period of leave not
to exceed 90 days preceding an established release date that
allows an inmate opportunity to secure appropriate
transitional support when necessary for successful
reintegration into the community . . . . For purposes of
these rules, short-term transitional leave is non-prison
leave.” However, subsection (5) of that provision
defines “Term of Incarceration” to include
“any time an inmate spends on short-term
transitional/non-prison leave . . . .”
accordance with the STTL authorization, ODOC released Bristol
into the community under the supervision of Multnomah County
Community Corrections. Bristol resided at Bridges to Change,
a privately-owned transitional home in Multnomah County. In
addition to the “General Conditions” for STTL,
Bristol was also subject to “Special Conditions”
on release. (Eklund Am. Decl. Ex. 5 at 51-53.) Bristol's
“Special Conditions” included:
1. I agree to submit to Department of Corrections structured
sanctioning process as describe[d] in DOC rule
. . . .
3. Abide curfew imposed by PO.
4. Abide by any geographical restrictions imposed by the
5. Maintain daily treatment log. Daily [tracking of]
activities while on transitional leave shall total no less
than 14 hours per day. Offender shall log daily activities in
detail . . . .
. . . .
7. Shall abide by and successfully complete/discharge from
aftercare as developed by PRCF/New Directions Residential
Alcohol/Drug Treatment Program . . . .
. . . .
9. Do not own/oNo. C. 10-04470 LB, 2011 WL 4344160, at *2
(N.D. Cal. Sept. 15, 2011) (finding that, absent a showing of
good cause, a court may dismiss a complaint for failure to
serve Doe defendants within the time allowed by Rule 4(m)).
Accordingly, the Court dismisses the Doe defendants.perate a
motor vehicle without prior written permission of supervising
. . . .
13. Shall submit to assessment and evaluation to develop a
case plan for supervision and/or treatment.
. . . .
[x] Attend alcohol and drug support group meetings/treatment
approved by parole officer.
[x] Attend community meetings on a schedule to be determined
by the parole officer.
. . . .
[x] Consent to search computer or other electronic equipment
upon request of PO.
[x] Attend cognitive programming as directed by PO.
[x] Submit to polygraph testing at parole officer's
discretion and ...