Mitchell v. Smith

817 N.W.2d 742, 2012 WL 3082102, 2012 Minn. App. LEXIS 81
CourtCourt of Appeals of Minnesota
DecidedJuly 30, 2012
DocketNo. A12-0077
StatusPublished
Cited by2 cases

This text of 817 N.W.2d 742 (Mitchell v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Smith, 817 N.W.2d 742, 2012 WL 3082102, 2012 Minn. App. LEXIS 81 (Mich. Ct. App. 2012).

Opinion

OPINION

WRIGHT, Judge.

Appellant, a prison inmate and convicted sex offender, challenges the Minnesota Department of Corrections policy that pre-eludes appellant from visiting with his minor child while incarcerated. He asserts that the policy deprives him of a substantive-due-process right to parent his minor daughter. The district court granted summary judgment for respondent prison warden, and we affirm.

FACTS

Appellant Alphonso Mitchell pleaded guilty in 2003 to third-degree criminal sexual conduct for engaging in sexual relations with a 15-year-old girl when he was 29 years old. Mitchell’s daughter was born on November 11, 2002, as a result of this sexual relationship. The district court sentenced Mitchell to 36 months’ imprisonment, and Mitchell was placed on supervised release in August 2005.

In March 2006, Mitchell was arrested for failing to register as a sex offender. During police questioning, he admitted that he had recently kissed a 16-year-old girl. Because of his sexual contact with a minor and because he neglected to complete sex-offender treatment, a condition of his release, Mitchell’s supervised release was revoked and he was ordered to serve 150 days in custody.

In August 2006, Mitchell again was placed on supervised release. He subsequently pleaded guilty to charges in two separate criminal complaints. A July 2006 complaint alleged that, between December 2005 and March 2006, Mitchell and his codefendant kidnapped two minor females and held them at a St. Paul residence, where the minors were drugged, physically assaulted, sexually assaulted, and forced to engage in prostitution. The complaint also alleged that Mitchell committed arson. Mitchell was charged with soliciting and promoting prostitution of minors, kidnap[746]*746ping, arson, and first-degree criminal sexual conduct. On March 12, 2007, Mitchell pleaded guilty to one count of aiding and abetting solicitation and promotion of prostitution of a minor, a violation of Minn. Stat. §§ 609.05, subd. 1, 609.322, subd. l(l)-(2) (2006), and one count of first-degree arson, a violation of Minn.Stat. § 609.561, subd. 1 (2006). Based on a separate incident, Mitchell also pleaded guilty to solicitation of a minor to practice prostitution, a violation of Minn.Stat. § 609.322, subd. 1(1). The district court imposed multiple concurrent sentences, the longest of which is 192 months’ imprisonment. Mitchell began serving his sentences in May 2007 at the Minnesota Correctional Facility at St. Cloud (MCF-SCL).

The Department of Corrections (department) generally provides visiting privileges to incarcerated offenders in an effort to allow offenders to maintain family and community relationships. But the department restricts visiting privileges for offenders who have documented abuse history involving minors. Offenders with a documented sexual- or physical-abuse history involving minors are assigned an abuse category code at intake. The abuse codes include: “CS” (close supervision with all minors), “NC” (no physical contact with minors), and “NV” (no visiting privileges with minors as specified by the department). Close-supervision visits allow an offender to have visitation rights in an assigned seating arrangement that allows staff to closely observe the visit. Non-contact visits allow an offender to be seated at a desk across from a minor visitor who is separated by a glass barrier. An offender can view the visitor through the glass and speak to the visitor through a two-way telephone communication system. The conversations are recorded, but department staff members typically do not listen to the conversations during the visits. A correctional officer is stationed immediately outside the non-contact visiting area and can view the area through glass. But direct supervision is limited. No-visiting privileges restrict an offender from any visitation with minors as directed by the department. When deciding which abuse code to assign to an offender, prison officials review the offender’s disciplinary and criminal history and any programming and treatment the offender has completed. Sex-offender inmates may obtain visiting privileges after successfully completing sex-offender treatment, based on the recommendation of treatment professionals.

When he was admitted to MCF-SCL, Mitchell was assigned an abuse code of “NC,” which permitted him to have in-person visitation but prohibited physical contact with minor visitors. On June 12, 2007, Mitchell was transferred to the Minnesota Correctional Facility at Stillwa-ter (MCF-STW), where he has since been incarcerated. After his transfer to MCF-STW, Mitchell appealed his “NC” abuse code. After considering Mitchell’s multiple sexual offenses involving minors, violations of supervised-release requirements by sexual or grooming behaviors with minors, and current incarceration for sexual offenses involving minors that occurred while he was on supervised release, prison officials determined that Mitchell should have been assigned a code of “NV” based on the department’s Abuse Offender Categorizing Form. This form states: “No minor (under 18) visits will be allowed to an offender ... who was previously convicted of a sexual offense or one with sexual characteristics involving a minor, and subsequently violated release expectations. These offenders must repeat their participation in Sex Offender Treatment.” Prison officials amended Mitchell’s abuse code to “NV.” Mitchell unsuccessfully appealed his NV abuse code in 2010 and in 2011.

[747]*747In February 2011, Mitchell sued respondent warden of MCF-STW,1 alleging that the warden violated Mitchell’s fundamental right to substantive due process under the United States Constitution and the Minnesota Constitution by denying him visitation with his minor daughter. Mitchell sought injunctive and declaratory relief permitting him contact visitation with his daughter. Both parties moved for summary judgment. Mitchell sought relief in the form of in-person visitation without physical contact with minor visitors — a visitation code of “NC.” Following a hearing, the district court rejected Mitchell’s constitutional claims and granted summary judgment for the prison warden. This appeal followed.

ISSUE

Does the prison visitation policy violate appellant’s substantive-due-process rights?

ANALYSIS

We review the district court’s decision to grant summary judgment to determine whether there are any genuine issues of material fact and whether the district court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). In doing so, we view the evidence in the light most favorable to the party against whom summary judgment was granted. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). Summary judgment shall be granted if the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.” Minn. R. Civ. P. 56.03.

Mitchell asserts that the prison-visitation policy that restricts him from visiting with his minor daughter violates his constitutional right to substantive due process by prohibiting him from exercising his constitutionally protected parental rights. The United States Constitution and the Minnesota Constitution provide that the government cannot deprive a person of “life, liberty, or property, without due process of law.” U.S. Const. XIV, § 1; accord Minn. Const. art. I, § 7.

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Bluebook (online)
817 N.W.2d 742, 2012 WL 3082102, 2012 Minn. App. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-smith-minnctapp-2012.