Bresolin v. Morris

558 P.2d 1350, 88 Wash. 2d 167, 1977 Wash. LEXIS 745
CourtWashington Supreme Court
DecidedJanuary 7, 1977
Docket43846
StatusPublished
Cited by22 cases

This text of 558 P.2d 1350 (Bresolin v. Morris) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bresolin v. Morris, 558 P.2d 1350, 88 Wash. 2d 167, 1977 Wash. LEXIS 745 (Wash. 1977).

Opinions

Rosellini, J.

An inmate of the state's correctional institution at Walla Walla brought this action seeking mandamus to compel the Secretary of the Department of Social and Health Services to establish and maintain a drug rehabilitation program at the institution. In a previous hearing, we ordered the secretary to take steps to secure financing for isolated facilities for drug addicts, which were required under RCW 69.32.090, and to report to the court. Bresolin v. Morris, 86 Wn.2d 241, 543 P.2d 325 (1975).

After three reports had been rendered, the legislature enacted Laws of 1975, 2d Ex. Sess., ch. 103, which repealed RCW 69.32.090, and made the establishment of a drug treatment and rehabilitation program discretionary rather than mandatory.

[169]*169In the meantime, we are advised that the petitioner has, in spite of his ineligibility, been transferred to Western State Hospital where he is enrolled in that institution's drug offender program. Since this was one of the alternative forms of relief which he sought in the original action, the case would appear to be moot. However, we are asked to consider the constitutional questions which were passed in the original opinion. The question of the constitutional duty of prison officials with respect to drug rehabilitation, we are told, is one of great public concern which will continue to recur in similar suits until the court answers the contentions raised.

Being assured by the parties that this case is as well prepared and argued as any that is likely to come before the court in the near future, we will dispose of these questions.

The petitioner contends that a prisoner has a right to treatment of his psychological dependence on drugs, for rehabilitative purposes, and that the denial of this right constitutes cruel and unusual punishment (forbidden by the eighth amendment to the United States Constitution and article 1, section 14, of the Washington State Constitution) as well as a deprivation of his liberty without due process of law and a denial of equal protection of the law.

The authorities cited do not establish these contentions. None of them holds that a prisoner in a penal institution has a right to rehabilitation, and none holds that the failure to rehabilitate amounts to cruel and unusual punishment.

It is established that prisoners do not lose all of their constitutional rights and that the due process and equal protection clauses of the Fourteenth Amendment follow them into prison and protect them there. Washington v. Lee, 263 F. Supp. 327, 331 (M.D. Ala. 1966), aff'd and approved, 390 U.S. 333, 19 L. Ed. 2d 1212, 88 S. Ct. 994 (1968); accord, Smith v. Schneckloth, 414 F.2d 680 (9th Cir. 1969).

As the federal district court in the latter case said, however, it is also settled that correctional authorities have wide discretion in matters of internal administration and [170]*170that reasonable action within the scope of this discretion does not violate a prisoner's constitutional rights.

The petitioner cites Procunier v. Martinez, 416 U.S. 396, 404-06, 40 L. Ed. 2d 224, 94 S. Ct. 1800 (1974), for the proposition that rehabilitation is a basic penal goal, and reasons that because it is a goal, punishment is cruel and unusual if it fails to substantially further such rehabilitation. The United States Supreme Court in Martinez was concerned with the censorship of prisoners' mail in a state institution. Before deciding that such prisoners have a right of free speech and a right of access to the courts, both of which are subject to reasonable restrictions in furtherance of legitimate governmental interests, the court summarized the role of courts in solving prison administration problems. While the language was directed primarily to the question of the intervention of federal courts in state penal matters, its import is equally valid with respect to the role of state courts in such matters, if it is borne in mind that such courts have also the duty of protecting statutory rights of prisoners.1

The United States Supreme Court said:

Traditionally, federal courts have adopted a broad hands-off attitude toward problems of prison administration. In part this policy is the product of various limitations on the scope of federal review of conditions in state penal institutions. More fundamentally, this attitude springs from complementary perceptions about the nature of the problems and the efficacy of judicial intervention. Prison administrators are responsible for maintaining internal order and discipline, for securing their institutions against unauthorized access or escape, and for rehabilitating, to the extent that human nature and inadequate resources allow, the inmates placed in their custody. The Herculean obstacles to effective discharge of these duties are too apparent to warrant explication. Suffice it to say that the problems of prisons in America are complex and intractable, and, more to the point, they are not readily susceptible of resolution by decree. Most [171]*171require expertise, comprehensive planning, and the commitment of resources, all of which are peculiarly within the province of the legislative and executive branches of government. For all of those reasons, courts are ill equipped to deal with the increasingly urgent problems of prison administration and reform. Judicial recognition of that fact reflects no more than a healthy sense of realism. Moreover, where state penal institutions are involved, federal courts have a further reason for deference to the appropriate prison authorities.
But a policy of judicial restraint cannot encompass any failure to take cognizance of valid constitutional claims whether arising in a federal or state institution. When a prison regulation or practice offends a fundamental constitutional guarantee, federal courts will discharge their duty to protect constitutional rights.

(Footnotes omitted.)

The court in Martinez recognized that rehabilitation is a governmental interest. Procunier v. Martinez, supra at 412. It did not characterize it as a prisoner's right. The legislature in this state has also adopted rehabilitation as a penal goal. RCW 72.08.101.2 But to say that the government has an interest in rehabilitation and that this is a legitimate institutional goal is one thing. To say that a prisoner has an enforceable right to such rehabilitation is another. The United States Supreme Court has spoken to that subject in a case not cited by the parties to this action but which we find to be directly in point and controlling.

That court, in Marshall v. United States, 414 U.S. 417, 421, 38 L. Ed. 2d 618, 94 S. Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Peterson
498 P.3d 937 (Washington Supreme Court, 2021)
Summers v. DEPARTMENT OF REVENUE FOR STATE
14 P.3d 902 (Court of Appeals of Washington, 2003)
Summers v. Department of Revenue
104 Wash. App. 87 (Court of Appeals of Washington, 2001)
Mueller v. Miller
917 P.2d 604 (Court of Appeals of Washington, 1996)
Melville v. State
793 P.2d 952 (Washington Supreme Court, 1990)
Hart v. Department of Social & Health Services
759 P.2d 1206 (Washington Supreme Court, 1988)
Hart v. DEPT. OF SOCIAL AND HEALTH SERVS.
759 P.2d 1206 (Washington Supreme Court, 1988)
In Re the Personal Restraint of Myers
714 P.2d 303 (Washington Supreme Court, 1986)
Hoptowit v. Ray
682 F.2d 1237 (Ninth Circuit, 1982)
State v. Johnson
630 P.2d 448 (Court of Appeals of Washington, 1981)
Pace v. Fauver
479 F. Supp. 456 (D. New Jersey, 1979)
Ladetto v. Commissioner of Correction
385 N.E.2d 273 (Massachusetts Appeals Court, 1979)
Aripa v. Department of Social & Health Services
588 P.2d 185 (Washington Supreme Court, 1978)
Harmon v. McNutt
587 P.2d 537 (Washington Supreme Court, 1978)
Roman v. State
570 P.2d 1235 (Alaska Supreme Court, 1977)
Laaman v. Helgemoe
437 F. Supp. 269 (D. New Hampshire, 1977)
State v. Barnett
561 P.2d 234 (Court of Appeals of Washington, 1977)
State v. Damon
559 P.2d 1365 (Court of Appeals of Washington, 1977)
Bresolin v. Morris
558 P.2d 1350 (Washington Supreme Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
558 P.2d 1350, 88 Wash. 2d 167, 1977 Wash. LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bresolin-v-morris-wash-1977.