Cumbey v. State

1985 OK 36, 699 P.2d 1094, 1985 Okla. LEXIS 195
CourtSupreme Court of Oklahoma
DecidedMay 7, 1985
Docket59795
StatusPublished
Cited by53 cases

This text of 1985 OK 36 (Cumbey v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cumbey v. State, 1985 OK 36, 699 P.2d 1094, 1985 Okla. LEXIS 195 (Okla. 1985).

Opinions

ALMA WILSON, Justice.

Appellants, inmates of the Joseph Harp State Correctional Center, filed the instant civil rights action pro se challenging the administration of inmate trust savings accounts. Appellants complain that they are being unjustly denied immediate access to monetary employment credits accruing to these accounts during confinement. Principally, Appellants attack the constitutionality of 57 O.S.1981 § 549.5, which prescribes certain duties of the State Board of Corrections with respect to prison employment industries, namely:

“The duty to establish the percentages of such wages which shall be available for his [the inmates] personal use; to the lawful dependents of the inmate, if any; to the victim of the inmate’s crime; for payment of creditors; and to the Department for costs of incarceration. Provided, that not less than twenty percent (20%) of such wages shall be placed in an account payable to the prisoner upon his discharge. The term “prisoner’s wages”, as used herein, refers only to that portion of the prisoner’s wages earned in the course of his employment with a prison industry and after deduction for all state and federal taxes;” [Emphasis added.]

In conjunction with the above quoted proviso, Appellants also challenge the following [1096]*1096emphasized portions of 57 O.S.Supp.1984 § 542, which provide:

“The State Board of Corrections shall cause to be placed in an account, payable to the inmate upon his discharge, income from the inmate’s employment and any other income or benefits accruing to or payable to and for the benefit of said inmate, including any workers’ compensation and Social Security benefits. From this account the State Board of Corrections shall charge any inmate, except for those inmates employed in state prison industries, for costs of incarceration not to exceed fifty percent (50%) of any deposits made to said account. Withdrawals and deposits shall be made according to the rules and regulations established by the Board of Correction.” [Emphasis added.]

On August 31, 1982, Appellants filed an in forma pauperis petition in the District Court of Cleveland County. The petition alleged that the three appellants have tried unsuccessfully to withdraw monies from their 20% inmate trust savings accounts for personal and family purposes and to pay court costs and filing fees. On the basis of the Oklahoma Constitution, Article II, §§ 7, 9, 20, 21 and 80; and, the United States Constitution, Amendments 1, 4, 5, 8, 9 and 14, Appellants assailed the constitutionality of 57 O.S.1981 § 549.5 and 57 O.S.Supp. 1984 § 542 as (1) depriving prison inmates of monies earned in prison without due process of law; (2) a gross search and seizure; (3) cruel and unusual enhancement of punishment; (4) involuntary servitude; (5) depriving inmates of access to the courts; and (6) a violation of the property rights of prisoners to receive interest upon the money held in inmate trust fund accounts.

The Appellee, State of Oklahoma, demurred to the petition on the ground that the petition failed to set forth facts sufficient to constitute a cause of action. On February 18, 1983, the trial court sustained the demurrer as follows:

“Court finds that 57 O.S. §§ 549.5 and 542 are constitutional, that plaintiffs are not entitled to an immediate accounting, and that claims for damage lack merit. Demurrer sustained, exception allowed.” /s/

The trial court’s final ruling, above, sufficiently manifests judicial intention to thereby enter complete judgment in the matter below from which an appeal may be perfected. This is no less true, though the trial court did not formally dismiss.

I

On appeal Appellants made application to proceed in forma pauperis. We denied the request, but directed the Department of Corrections to release the sum of fifty ($50) dollars for the costs of filing this appeal; and the sum of thirty ($30) dollars for payment to the Clerk of the District Court of Cleveland County for costs of assembling the record on appeal. The record showed the three appellants’ inmate trust account balances ranged from $118.09 to $1,644.41. Access to the courts, even for those currently incarcerated, may not be abridged. Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). However, by virtue of the inmate trust fund accounts, the appellant-inmates herein are not eligible to proceed in forma pau-peris as indigents. Although trust account funds do not become payable to the prisoner until discharge, they may be released to this Court and to the district courts for payment of filing fees and court costs upon proper application and court order. Determination of permission to proceed in forma pauperis should take place on a step-by-step basis as costs are incurred. The purpose of the requirement is to curb the indiscriminate filing of prisoner civil rights actions, hy prompting inmates to confront the initial dilemma which faces most other potential civil litigants: is the merit of the claim worth the cost of pursuing it? See, Carroll v. United States, 320 F.Supp. 581 (S.D.Tex.1970). A prisoner proceding in forma pauperis does not confront this dilemma. Moreover, the public at large ulti[1097]*1097mately bears the expense of a proceeding in forma pauperis.

II

The thrust of Appellants’ substantive arguments with respect to 57 O.S.1981 § 549.5, concerns the question of whether inmates are unlawfully deprived of the immediate personal use of funds or interest thereon in violation of state and federal constitutional standards. It is the holding of this Court that Appellants’ allegations fail to demonstrate the existence of any legal right to personal use of, or interest on, the statutory 20% compulsory savings from the inmate trust account credits. We find no deprivation of constitutional rights.

Convicted prisoners do not forfeit all constitutional protections by reason of their conviction and confinement in prison, Pell v. Procunier, 417 U.S. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974); but lawful incarceration brings about the necessary withdrawal of many privileges and rights, a retraction justified by the considerations underlying our penal system. Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Also see, Prock v. District Court of Pittsburg County, 630 P.2d 772 (Okl.1981).

It is well established that a state may legitimately restrict an inmate’s privilege to earn a wage while incarcerated. The benefits of employment during incarceration are granted by the state as a privilege and not as a right. In an early case, Rice v. State, 108 Okl. 4, 232 P. 807 (1925), this Court held, “The state is entitled to the labor and services of its convicts while confined in its prisons, and has the authority to produce by such labor things of commercial value.” This early principle — that the labor of prison inmates belongs to the state — has since been repeated by many courts. See, e.g., Sigler v. Lowrie, 404 F.2d 659 (8th Cir.1968) cert. denied 395 U.S. 940, 89 S.Ct. 2010, 23 L.Ed.2d 456 (1969); Sims v.

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Bluebook (online)
1985 OK 36, 699 P.2d 1094, 1985 Okla. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cumbey-v-state-okla-1985.