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Conklin v. Tard

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 27, 1985

MILTON J. CONKLIN, APPELLANT
v.
ELIJAH TARD, JR., BOTH INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF TRENTON STATE PRISON; WILLIAM NORTON, BOTH INDIVIDUALLY AND IN HIS CAPACITY AS ASSISTANT SUPERINTENDENT OF TRENTON STATE PRISON; GARY J. HILTON, BOTH INDIVIDUALLY AND IN HIS CAPACITY OF ACTING SUPERINTENDENT OF TRENTON STATE PRISON; M. R. WIECHNIK, BOTH INDIVIDUALLY AND IN HIS CAPACITY AS COURTLINE HEARING OFFICER AT TRENTON STATE PRISON

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, (D.C. Civil No. 84-3216), Maryanne Trump Barry, Judge.

Author: Gibbons

Before GIBBONS, SLOVITER and VAN DUSEN, Circuit Judges

MEMORANDUM OPINION OF THE COURT

GIBBONS, Circuit Judge :

Milton J. Conklin, an inmate of Trenton State Prison, appeals from a summary judgment for the defendants in his action pursuant 42 U.S.C. ยง 1983 (1982) seeking damages and injunctive relief because of the imposition of a ninety-day confinement in administrative segregation. He contends that there are disputed issues of material fact as to the propriety, under New Jersey prison regulations, of the imposition of so severe a sanction. It is not disputed that Conklin pleaded guilty to a .306 charge, for which a ninety-day administrative segregation may be imposed. Thus we agree with the trial court that summary judgment was proper.

Conklin also contends that the trial court abused its discretion in ruling on the defendants' summary judgment motion without permitting him to amend his complaint. He does not suggest what he would allege that might raise a material issue of disputed fact. We find no abuse of discretion.

The judgment appealed from will, therefore, be affirmed.

19850327

© 1998 VersusLaw Inc.



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