Watkinson v. State

540 P.3d 254

Richard R. WATKINSON, Appellant,

v.State of Alaska, DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court No. S-17941

Supreme Court of Alaska.

December 22, 2023

Richard R. Watkinson, pro se, Seward, Appellant.

Noah I. Star and Ryan A. Schmidt, Assistant Attorneys General, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for Appellee.

Before: Winfree, Chief Justice, and Maassen, Carney, Borghesan, and Henderson, Justices.

OPINION

HENDERSON, Justice.

I. INTRODUCTION

A self-represented prisoner sued the Department of Corrections (DOC) for intentional and negligent infliction of emotional distress. The prisoner alleged that DOC held him in administrative segregation (sometimes called solitary confinement) for 504 days and that corrections officers denied him any meaningful opportunity to appeal or be heard regarding his segregation. Among other claims, the prisoner contended that the corrections officers’ actions amounted to extreme and outrageous conduct that caused him severe emotional distress. The superior court granted summary judgment in favor of DOC, reasoning that DOC's conduct was not extreme and outrageous and that the prisoner's distress was not severe enough to give rise to liability.

We hold that this was an abuse of discretion, and we reverse the superior court's grant of summary judgment in DOC's favor as to the prisoner's intentional infliction of emotional distress (IIED) claim. We also vacate the superior court's order approving the attorney general's certification that individual corrections officers acted within the scope of their employment, reverse the court's denial of the prisoner's request to compel certain discovery, and remand for further proceedings consistent with this decision. We affirm the superior court's grant of summary judgment with respect to the prisoner's negligent infliction of emotional distress (NIED) claim.

II. FACTS AND PROCEEDINGS

A. Facts¹

1. Watkinson's initial placement in administrative segregation

In September 2013 Alaska inmate Richard Watkinson was housed in a private prison facility in Colorado. DOC was in the process of transferring Alaska prisoners back to Alaska after the completion of the Goose Creek Correctional Center (Goose Creek).²

Three days before Watkinson's transfer, he was placed in administrative segregation after an alleged altercation with a Colorado corrections officer. According to the reporting officer, Watkinson assaulted the officer in an attempt to destroy a contraband cell phone. Watkinson maintains his innocence. This was Watkinson's only violent disciplinary infraction while in Colorado.

After the incident a Colorado prison employee emailed the DOC director. While reporting that the officer was "not seriously injured," the employee said that he was "going to try to ensure [Watkinson] is prosecuted." Later that evening the director emailed other DOC officials that, when Watkinson arrived in Alaska, he was to be held in administrative segregation due to the incident. When Watkinson arrived at Goose Creek, prison officials placed Watkinson on administrative segregation under the most restrictive placement conditions, also known interchangeably as "Ad Seg Max" or "Ad Seg 10."³

Watkinson presented an undisputed description of the conditions associated with placement in Ad Seg 10 at Goose Creek. The cells are 7.5 by 12 feet and have no windows. The recreational areas, which are inside the prison, are 12 by 20 feet and made of solid concrete, with a window 30 feet above the ground. There is little to no natural light in segregation. Inmates in Ad Seg 10 eat all meals alone, and the only possibilities for social interaction are weekly counseling sessions and 15 minutes per day of telephone time. Inmates in Ad Seg 10 are not permitted in-person visits. Inmates on Ad Seg 10 status are confined to cells, alone, for at least 22 hours per day.

Three days after Watkinson's initial placement, DOC held an administrative segregation hearing to determine Watkinson's appropriate continued placement. At an administrative segregation hearing, the inmate has a right to assistance from a hearing advisor or, when the segregation is in connection with an infraction that could be a felony, assistance from counsel.⁴ The inmate also has the right to challenge the factual basis for the administrative segregation, including by calling witnesses, presenting evidence, and making a statement to the hearing officer.⁵

Watkinson claims that the DOC officer providing him notice of the hearing did not inform him of his right to a hearing advisor and encouraged him to waive his own appearance at the hearing. Before the hearing Watkinson was not given the opportunity to prepare a defense; instead, he was told he could select a hearing advisor at the beginning of the hearing. Watkinson has consistently alleged that the hearing officer told Watkinson that she was instructed to place him in Ad Seg 10 and that the hearing's outcome was predetermined. At the hearing, the incident report from Colorado was read into the record and Watkinson made a statement on his own behalf. No other evidence or witnesses were presented.

Based on this hearing, DOC kept Watkinson in Ad Seg 10 because he had demonstrated "[a]ssaultive behavior toward[ ] staff."⁶ DOC recommended that Watkinson "remain in segregation until he ha[d] completed the Disciplinary-Board process." Based on the report that he had assaulted the Colorado employee, DOC further found that Watkinson presented a substantial threat to the security of the facility.

After that hearing Watkinson repeatedly asked for the written decision in order to appeal, and he alleges he was discouraged from filing his appeal. Watkinson appealed his initial placement in Ad Seg 10, citing various procedural violations during his initial hearing and maintaining his innocence. Watkinson asked to be placed in a lower level of administrative segregation, Ad Seg 8, until the resolution of the disciplinary process. Ad Seg 8 allows inmates to return to the general prison population after the resolution of disciplinary proceedings; Ad Seg 10 does not. Ad Seg 8 status allows for in-person small group mental health programs, outdoor recreation with one or two other inmates, eligibility for an MP3 player and more books, and in-person visits after 30 days. But even in Ad Seg 8, inmates are largely confined to their cells for most of the day, and must complete any recreation, visits, phone calls, and/or use of the law library within a two-hour period.

Watkinson's appeal was denied because he was "appropriately classified as Ad Seg 10 for an alleged incident [in Colorado] against a staff member." This was Watkinson's only appeal of his administrative segregation status. Review hearings of Ad Seg 10 status are held every four months.⁷

2. Watkinson's disciplinary hearing

Approximately 90 days after he was placed in Ad Seg, DOC held Watkinson's disciplinary hearing on December 11, 2013. The hearing had been scheduled for October but it was delayed. The only explanation given for the delay was "evidence." Before the hearing, Watkinson requested witnesses, records, and evidence, none of which was provided. Watkinson's hearing advisor "did not understand that it was his responsibility" to interview witnesses and obtain evidence.⁸ Watkinson's two prisoner witnesses were present at Goose Creek during the hearing, but DOC did not make them available to testify at Watkinson's disciplinary hearing. DOC did not determine whether charges were filed in Colorado or obtain evidence or witnesses from Colorado.⁹ Watkinson did not have counsel at the hearing. DOC officials said at the end of this hearing that they would dismiss the case if it came before them a second time, which Watkinson characterizes as an admission that the hearing was infirm.

The disciplinary committee found Watkinson guilty of the assault and imposed a penalty of "Time Served," but did not impose punitive segregation.¹⁰ The DOC officers involved later acknowledged that time served was "not a typical punishment" to give for a high-level infraction. The officers admitted that Watkinson had "already served sufficient time in segregation with regard to the infraction he had committed." Watkinson appealed to the Superintendent and the Director of Institutions. Both appeals were denied, and Watkinson appealed the disciplinary decision to the superior court.

3. The remainder of Watkinson's time in administrative segregation

After Watkinson was found guilty at the disciplinary hearing, he joined the Step Down program in December 2013. The Step Down program is a voluntary program designed to rehabilitate Ad Seg 10 prisoners to ensure their safe return to the general population. According to Watkinson, if inmates do not participate in the Step Down program, they remain in segregation indefinitely. The major incentive for successful completion of the program is return to the general population, but there are also intermediate stage incentives as inmates progress through the program. At first Watkinson took issue with some aspects of the program; the Director of Institutions responded that the Step Down program would allow him to "return to [the general] population much sooner [than] otherwise would be the case" and that participation was Watkinson's choice, writing, "I hope you choose wisely."

After a review hearing in February 2014, DOC again recommended that Watkinson remain on administrative segregation, noting that he was "placed on Ad-Seg 10 status due to ... assaulting a staff member," behavior that was "a severe threat to the safety and security of the facility." DOC recommended that he continue to engage in the Ad Seg 10 Step Down program. Watkinson was present at the hearing; he noted that he was appealing the disciplinary decision and that he had maintained clear conduct for his four months in segregation. After future review hearings, DOC repeated the same recommendation verbatim.

During 2014, Watkinson...