Evans v. Jenne

660 F. Supp. 426, 1986 U.S. Dist. LEXIS 26438
CourtDistrict Court, S.D. Mississippi
DecidedApril 22, 1986
DocketCiv. A. No. S84-0614(N)
StatusPublished

This text of 660 F. Supp. 426 (Evans v. Jenne) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. Jenne, 660 F. Supp. 426, 1986 U.S. Dist. LEXIS 26438 (S.D. Miss. 1986).

Opinion

MEMORANDUM OPINION AND ORDER

GEX, District Judge.

This cause is before the Court upon the Motion of the Defendant to dismiss this action for failure to state a claim upon which relief can be granted pursuant to [427]*427Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Plaintiffs filed this action in June of 1984 under 42 U.S.C. Section 1983 against the warden of the Jackson County Adult Detention Center in Jackson County, Mississippi, while incarcerated at that facility. Plaintiffs complain of (1) censorship of incoming and outgoing mail and (2) alleged violation of their visitation rights and privileges. Plaintiffs seek mental distress damages in the amount of $75,000.00 and, in essence, a declaratory judgment adjudicating their rights with respect to their aforementioned two claims for relief.

“Prison administrators ... should be accorded wide ranging deference in the adoption and execution of policies and practices that, in their judgment, are needed to preserve internal order and discipline and to maintain institutional security.” Bell v. Wolfish, 441 U.S. 520, 547, 99 S.Ct. 1861, 1878, 60 L.Ed.2d 447 (1979). “... [WJhile persons imprisoned for crime enjoy many protections of the Constitution, it is also clear that imprisonment carries with it the circumscription or loss of many significant rights.” Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 3199, 82 L.Ed.2d 393 (1984). “Lawful incarceration brings about the’ necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.” Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 1060, 92 L.Ed. 1356 (1948). “The curtailment of certain rights is necessary, as a practical matter, to accommodate a myriad of ‘institutional needs and objectives’ of prison facilities, (citation omitted), chief among which is internal security.” Hudson v. Palmer, supra 106 S.Ct. at 3199.

Plaintiffs’ allegation concerning the violation of their visitation rights and privileges may be dismissed as moot since none of the three Plaintiffs is presently incarcerated at the Center. Hooten v. Jenne, Et Al., 786 F.2d 692 n. 6 (1986). Moreover, Plaintiffs are members of the class covered by the consent decree entered pursuant to the Court’s decision in Jones v. Diamond, 636 F.2d 1364 (5th Cir.1981). A comprehensive policy statement as well as a detailed listing of regulations as contained in the Center’s standard operating policies and procedures manual were promulgated under the consent decree signed December 7, 1981. Both documents are available to inmates housed at the Center and specifically address their visitation privileges and the receipt and delivery of correspondence.

The Court recognizes that prisoners enjoy the protection of due process and the retention of those First Amendment rights of speech “not inconsistent with their status as prisoners or with the legitimate penalogical objectives of the corrections system.” Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 2804, 41 L.Ed.2d 495 (1974); Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974).

Plaintiffs’ allegation that their personal mail was opened in violation of their constitutional rights does not state a cause of action upon which relief can be granted in view of the United States Supreme Court’s ruling in Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974). There the Supreme Court held that censorship of prison mail was justified if the regulation or practice in question furthered an important or substantial government interest unrelated to the suppression of expression. Prison officials were required to show that a regulation authorizing mail censorship furthers one or more substantial governmental interests in security, order and rehabilitation and that the limitation of First Amendment freedoms was no greater than essential to the protection of the particular government interest involved. 416 U.S. at 412-14, 94 S.Ct. at 1811. Here, the Center’s express regulations provide in pertinent part:

Inspection of Mail-All outgoing mail from inmates, except for privileged correspondence, will be inspected for contraband.
Outgoing mail will be read if there is reasonable cause to believe that the mail contains escape plans, other plans to commit a crime or to violate institutional rules or regulations, or constitutes a crime in and of itself.
[428]*428Rejection of Letters-All inmates will be held responsible for the contents of their outgoing letters, and deliberate violations may result in a misconduct report. Violations of postal laws may result in referral for prosecution to federal authorities.
♦ * * * * *
Outgoing mail will be rejected when the mail contains contraband, escape plans, other plans to commit a crime, or to violate institutional rules and regulations or would constitute a crime in and of itself.
Incoming mail will be rejected for the following reasons:
a. There is a clear and present danger that the mail will endanger the internal security of the institution, contains escape plans or other plans involving the prisoner in the commission of a crime, or the violation of institutional rules and regulations, or would constitute a crime in and of itself.
b. The mail contains codes or other attempts to circumvent correspondence regulations.
c. The material is obscene in that it appeals primarily to the prurient interest or is patently offensive. A three member publication review panel will be established by the Chief of Operations with the authority to approve or reject materials that are alleged to be obscene____
d. Junk mail, pamphlets, leaflets, brochures, etc., will be judged by the same standards as other correspondence____

The Court is satisfied the above-quoted regulations, from which Plaintiffs allege no deviation, satisfy the criteria necessary both to assure Plaintiffs of the protection of their constitutional rights and to safeguard the security of the Center. In other words, it is the Court’s determination that the Center’s limitation on Plaintiffs’ First Amendment freedoms are no greater or broader than is essential to the protection and maintenance of the Center’s security. Also see, Guajardo v. Estelle, 580 F.2d 748 (5th Cir.1978).

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Related

Price v. Johnston
334 U.S. 266 (Supreme Court, 1948)
Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Procunier v. Martinez
416 U.S. 396 (Supreme Court, 1974)
Pell v. Procunier
417 U.S. 817 (Supreme Court, 1974)
Wolff v. McDonnell
418 U.S. 539 (Supreme Court, 1974)
Bell v. Wolfish
441 U.S. 520 (Supreme Court, 1979)
Hudson v. Palmer
468 U.S. 517 (Supreme Court, 1984)
Joseph Taylor v. W. L. Sterrett
532 F.2d 462 (Fifth Circuit, 1976)
James Lane Hooten v. Fearon H. Jenne, III
786 F.2d 692 (Fifth Circuit, 1986)

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Bluebook (online)
660 F. Supp. 426, 1986 U.S. Dist. LEXIS 26438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-jenne-mssd-1986.