Langton v. Pepe

8 Mass. L. Rptr. 331
CourtMassachusetts Superior Court
DecidedMarch 18, 1998
DocketNo. 964794
StatusPublished

This text of 8 Mass. L. Rptr. 331 (Langton v. Pepe) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langton v. Pepe, 8 Mass. L. Rptr. 331 (Mass. Ct. App. 1998).

Opinion

Botsford, J.

INTRODUCTION

Plaintiffs, William Langton and Thomas Mclnerney, are prisoners in the custody of the Department of Correction (“the department”) at Massachusetts Correctional Institution, Shirley (“MCI-Shirley”). The defendants, all employees of the department at MCI-Shirley, are Peter Pepe, the superintendent, Carol Higgins, director of programs, Daniel Morse, the librarian, and Gerry Martin, the library assistant. Plaintiffs brought this suit claiming that defendants violated their constitutional right of access to the courts by failing to provide access to an adequate law [332]*332library and legal materials. Plaintiffs also claim that defendants violated certain regulations by opening plaintiffs’ legal mail outside the presence of plaintiffs. Currently before the court are plaintiffs’ motion for partial summary judgment and defendants’ motion to dismiss or, in the alternative, for summary judgment. For the reasons set forth below, plaintiffs’ motion is DENIED, and defendants’ motion is ALLOWED IN PART and DENIED IN PART, WITHOUT PREJUDICE.

BACKGROUND

Plaintiffs are two inmates currently incarcerated at MCI-Shirley. There is no indication that they are not in the general population at Shirley; indeed, all suggestions are to the contrary. I assume they are in the general population.

Plaintiffs articulate various complaints which they contend amount to a denial of access to the courts. They claim that the law library hours conflict with other activities in which they wish to participate and that the library’s hours should be. more flexible. In his affidavit, plaintiff Mclnerney states that he gave up a morning job in the kitchen in order to be able to use the law library for three to four hours per week. In addition, he claims he was forced to relinquish two hours of law library time each week so that he could attend school. Plaintiff Langton, in his affidavit, states that he was forced to give up law library time in order to attend doctor’s appointments, make telephone calls, attend classification hearings, and take care of other business. He further states that the prison librarians have frequently or consistently refused his requests to photocopy his legal work product and to honor his inter-library loan requests, and that defendants have opened his legal mail outside of his presence and refused to deliver his legal mail to him in a timely fashion. Finally, he asserts that the library does not in fact have on its shelves all the books it is required to make available in accordance with department regulations and court orders.

Of essential relevance to plaintiffs’ claims are three court orders from prior cases. In 1974, in a case entitled Stone v. Boone, No. 73-1083-T (D.Mass. Oct. 1974), the United States District Court for the District of Massachusetts (Tauro, J.) issued a consent decree which listed specific books the law library at MCI-Walpole (now Cedar Junction) was required to make available to inmates.3 In Langton v. Berman, No. 78-578-G (D.Mass. Jan. 1983), another judge of the United States District Court (Garrity, J.) ordered officials at the Southeastern Correctional Center, where plaintiff Langton was then incarcerated, to provide Plaintiff Langton with a minimum of eight hours of access to the law library per week. In Stewart v. Bender, Civil No. 87-1154 (Suffolk Super. Ct. July 5, 1988), a judge of this court (Cratsley, J.), in ruling on cross-motions for summary judgment, concluded that the plaintiffs there were entitled to summary judgment on their claim of a denial of their right of access to the courts. The court determined that the provision of three typewriters for over 700 inmates was legally inadequate. Plaintiffs now assert that defendants are in violation of all three of these court orders.

DISCUSSION

Plaintiffs allege generally that defendants have violated their constitutional right of access to the courts.4 Their points of focus in the complaint are (1) inadequate law library reference materials and the use of microfiche to supplant some of those materials; (2) an insufficient number of typewriters for the inmates’ use; (3) inadequate access to photocopiers; (4) an insufficient number of hours of access to the library; (5) a failure to receive items requested via the inter-library loan program; (6) inadequate space for the law library; and (7) defendants’ practice of opening plaintiffs’ legal mail outside of their presence. Plaintiffs’ motion for partial summary judgment centers on three points: (1) the hours the law library is open; (2) the lack of typewriters available; and (3) the inadequate materials available in the library.

It appears that plaintiffs claim these deficiencies, perhaps individually but certainly collectively, amount to constitutionally inadequate access to the courts. They also seem to be claiming that in any event these deficiencies violate court orders and prison library regulations. With respect to the motion for partial summary judgment, plaintiffs assert that undisputed facts establish as a matter of law that (1) the library is not open for a sufficient number of hours; (2) the number of typewriters available is not up to the standard plaintiffs claim governs, which is one per one hundred inmates; and (3) the library at MCI-Shirley does not have the required books or services to constitute either a constitutionally adequate library or one that complies with the consent decree in Stone v. Boone or the Department of Correction’s regulations.

Defendants’ motion to dismiss or, in the alternative, for summary judgment takes the position that plaintiffs have failed to state a claim upon which relief can be granted because to prove a violation of the constitutional right of access to the courts, plaintiffs must allege and prove actual injury. Specifically, defendants argue that plaintiffs must allege they have been unable to bring or pursue a legal case relating to their sentence or to the conditions of confinement. See Lewis v. Casey, 116 S.Ct. 2174, 2180, 2182 (1996). Defendants further contend that plaintiffs cannot claim a violation of any of the court orders at issue since none applies to MCI-Shirley. They also assert that, in any event, as a factual matter there has been no violation of any court order because, as the affidavit of Daniel Morse indicates, defendants are in full compliance with the orders. Finally, defendants assert that plaintiffs have failed to state a claim under the Massachusetts Civil Rights Act, G.L.c. 12, §1II, because they do not allege that defendants used any threats, intimida[333]*333tion, or coercion to deprive plaintiffs of their civil rights.5

I discuss plaintiffs’ claims in the following order: (1) violation of the constitutional right of access to the courts; (2) violation of the three court orders; and (3) violation of State regulations.

I.Claim of Violation of Constitutional Right of Access to the Courts

In Bounds v. Smith, 430 U.S. 817 (1977), the United States Supreme Court held that “the fundamental constitutional right of access to the courts requires prison authorities 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. at 828. See also Harris v. Commissioner of Correction, 409 Mass. 472, 479-80 (1991). In Lewis v. Casey, 116 S.Ct.

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Related

Bounds v. Smith
430 U.S. 817 (Supreme Court, 1977)
Lewis v. Casey
518 U.S. 343 (Supreme Court, 1996)
Robert Sowell v. George Vose
941 F.2d 32 (First Circuit, 1991)
Harris v. Commissioner of Correction
567 N.E.2d 906 (Massachusetts Supreme Judicial Court, 1991)

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Bluebook (online)
8 Mass. L. Rptr. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langton-v-pepe-masssuperct-1998.