participants, and the role played by plaintiff and the other participants. See Zimmerlee, 831 F.2d at 188. Accepting the allegations of the amended complaint as true, plaintiff did not receive notice that was sufficiently specific to permit him to mount a defense. The Court cannot find on this record that the notice plaintiff received was sufficient as a matter of law.
Plaintiff also contends that he was deprived of due process by defendants' reliance on a confidential informant in finding him guilty of the drug charge. While defendants are correct in noting that due process does not necessarily require disclosure of the identity of the confidential source, Toussaint, 801 F.2d at 1101, the record of the disciplinary hearing must contain some indicia that the information provided by the source is reliable and reflect that safety considerations prevented the disclosure of the informant's name. Zimmerlee, 831 F.2d at 186. When the record itself does not establish the reliability of the source, the Court must review the confidential material in camera. Id. at 186-87. Plaintiff has alleged that the identity of the informant was not made known to him and that his information was unreliable and false. The Court has not yet had the opportunity to examine the record of the disciplinary proceedings. Therefore, at this early stage, this aspect of plaintiff's procedural due process claim cannot be held insufficient as a matter of law.
Finally, defendants move to dismiss plaintiff's prayer for reclassification and transfer to a lower security facility. A motion to dismiss directed at the form of relief requested is improper. 2A J. Moore, J. Lucas & G. Grotheer, Moore's Federal Practice para. 12.07[2.-5], at 12-67 (2d ed. 1991). In any event, if the Court were to find that plaintiff had been improperly classified and incarcerated in a maximum security facility out of retaliation for his exercise of his First Amendment rights, it would be within the Court's equitable powers to correct this situation. Cf. Thompson v. Capps, 626 F.2d 389 (5th Cir. 1980) (ordering restoration of good time credits); Streeter v. Hopper, 618 F.2d 1178 (5th Cir. 1980) (ordering transfer of prisoners to guarantee their safety).
IT IS HEREBY ORDERED that:
(1) Plaintiff's motion for leave to file the First Amended Complaint is GRANTED.
(2) Defendants Vasquez's, Borg's, and Yearwood's motion to dismiss or transfer the case is DENIED.
(3) Defendants Vasquez's, Borg's, and Yearwood's motion to dismiss for failure to link them with the alleged deprivations is GRANTED with leave to amend.
(4) Defendants Vasquez's, Borg's, and Yearwood's motion to dismiss plaintiff's First Amendment and due process claims with prejudice, for failure to state a claim, is DENIED.
(5) Plaintiff shall file and serve a Second Amended Complaint on or before July 3, 1991. Defendants shall file and serve an answer or other responsive pleading to the Second Amended Complaint on or before July 10, 1991.
(6) Defendants shall show cause at 2:15 p.m., on August 1, 1991 why plaintiff's motion for Preliminary Injunction should not be granted. Defendants shall file and serve their opposition to the Motion for Preliminary Injunction on or before July 18, 1991. Plaintiff shall file and serve his reply on or before July 23, 1991.