Bronson v. Horn

830 A.2d 1092, 2003 Pa. Commw. LEXIS 617
CourtCommonwealth Court of Pennsylvania
DecidedAugust 26, 2003
StatusPublished
Cited by27 cases

This text of 830 A.2d 1092 (Bronson v. Horn) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bronson v. Horn, 830 A.2d 1092, 2003 Pa. Commw. LEXIS 617 (Pa. Ct. App. 2003).

Opinions

OPINION BY

Judge COHN.

Before the Court, in our original jurisdiction, is a motion for summary judgment filed by Commissioner Martin F. Horn, former Commissioner of the Pennsylvania Department of Corrections (Department). This case had its genesis in December of 1997, when inmate Purcell Bronson filed a lawsuit addressed to this Court’s original jurisdiction, in which he challenged Administrative Directive No. 7.13.1-2. Issued by Horn, the Administrative Directive limited to $10.00 a month the amount that the Department would place in an inmate account for legal mailings. Previously, this amount was $40.00 per month. Bronson averred that the directive makes no allowances for court-imposed deadlines and that it was issued with “the express intention of obstructing, interfering with, and denying him access to the courts.” (Petition for Review, ¶ 7.) He further averred that it was aimed at, and singled out, “fjjailhouse [l]awyer[s].” (Id., ¶ 8.) He claimed, generally, that, as a result of this directive, he has been denied access to the United States Supreme Court, the Pennsylvania Supreme Court and the Pennsylvania Superior Court. Further, he maintained that, due to the directive, he suffered “delayed access to the courts” and adverse decisions because he had been unable to respond to court orders and deadlines. (Id., ¶ 10.) Additionally, he asserted that he has been penalized by prison officials for receiving legal assistance when other inmates have mailed documents out for [1094]*1094him. Finally, he stated that the directive also precludes debiting an account for copying fees for items that cannot be hand-copied. As relief, he sought a declaratory judgment that the policy, as applied and on its face, is unlawful because it deprives him of access to the courts, in violation of the First and Fourteenth Amendments to the United States Constitution under 42 U.S.C. § 1983. As a separate count, he challenged the action of A. Scott Williamson, Deputy Superintendent for Centralized Services, for withholding his “idle pay.”

This case took a detour when Horn removed the matter to federal court because it involved a federal question. However, it was remanded back to us after the court granted Horn’s motion to dismiss on the basis that, under 42 U.S.C. § 1983, Bronson had to exhaust his administrative remedies (in this case, allegedly DOC’s internal grievance procedure), and that he had not done so.1

When the matter was returned to this Court, Horn filed preliminary objections to the amended Petition for Review alleging that Bronson had set forth no claim under any state law.2 We overruled the preliminary objections because, although the petition had not set forth “a single paragraph specifying a state law that [Horn] allegedly violated,” the question was “whether Pennsylvania procedural law recognizes an action for equitable and declaratory relief, separate and apart from § 1983, to challenge the validity of a statute, regulation or other governmental policy on federal constitutional grounds.” Bronson v. Horn, (Pa.Cmwlth., No. 1025 M.D.1997, filed May 1, 2000), slip op. at 2-3 (footnote omitted). We concluded that such an action could be brought under either the Declaratory Judgments Act, 42 Pa.C.S. §§ 7531-7551, or our equity jurisdiction. The parties then engaged in discovery and, ultimately, Horn filed the presently pending motion.3

A motion for summary judgment may be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Pa. R.C.P. No. 1035.2; Shoats v. Pennsylvania Department of Corrections, 139 Pa. Cmwlth. 607, 591 A.2d 326 (1991). The right to judgment must be clear and free from doubt. Shoats. “Summary judgment is appropriate in an action where the parties are seeking declaratory relief.” Unisys Corporation v. Pennsylvania Life and Health Insurance Guaranty Association, 667 A.2d 1199, 1201 (Pa.Cmwlth. 1995), affirmed per curiam, 546 Pa. 256, 684 A.2d 546 (1996). The issue here is whether the administrative directive limiting the account funds the Department makes available to Bronson for legal mailings, violated Bronson’s access to the courts under federal law.

We begin with the principal that inmates have a “fundamental constitutional right of access to the courts.” Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 52 [1095]*1095L.Ed.2d 72 (1977). The United States Supreme Court has interpreted this to mean that prison authorities are “to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Id. However, prison officials do not have to adopt every practice that would aid incarcerated individuals, Lewis v. Casey, 518 U.S. 843, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996), but, rather, officials need only provide inmates with those tools that are needed to attack an inmate’s sentence or his conditions of confinement. Id. In this case, the parties appear to agree that Bronson’s legal filings, subject to the $10.00 limitation, are challenging conditions of confinement, a factor we keep in mind as we review the policy.

The United States Supreme Court generally defers to the judgment of prison officials in upholding regulations against constitutional challenge, because the problems of American prisons are complex and intractable ones with which the courts are ill equipped to deal. Shaw v. Murphy, 532 U.S. 223, 229, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001). Accordingly, it employs a “unitary, deferential standard” in reviewing prisoners’ constitutional claims. Id. “When a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.” Id. (quoting Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987)). In Shaw, the Court set forth four factors that should be considered:

First and foremost, “there must be a ‘valid, rational connection’ between the prison regulation and the legitimate [and neutral] governmental interest put forward to justify it.” ... If the connection between the regulation and the asserted goal is “arbitrary or irrational,” then the regulation fails, irrespective of whether the other factors tilt in its favor. ... In addition, courts should consider three other factors: the existence of “alternative means of exercising the right” available to inmates; “the impact accommodation of the asserted constitutional right will have on guards and other inmates, and on the allocation of prison resources generally;” and “the absence of ready alternatives” available to the prison for achieving the governmental objectives.

Id. at 229-230, 121 S.Ct. 1475 (citations omitted).

We, therefore, apply the Shaw factors to the case at bar.

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Bluebook (online)
830 A.2d 1092, 2003 Pa. Commw. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bronson-v-horn-pacommwct-2003.