Moss v. Pennsylvania Department of Corrections

868 A.2d 615, 2004 Pa. Commw. LEXIS 976
CourtCommonwealth Court of Pennsylvania
DecidedNovember 18, 2004
StatusPublished
Cited by5 cases

This text of 868 A.2d 615 (Moss v. Pennsylvania Department of Corrections) 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
Moss v. Pennsylvania Department of Corrections, 868 A.2d 615, 2004 Pa. Commw. LEXIS 976 (Pa. Ct. App. 2004).

Opinion

OPINION BY

Senior Judge McCLOSKEY.

Presently before this Court are a pro se application for special relief filed on behalf of Craig Moss (Moss) and. a motion for summary judgment filed on behalf of the Pennsylvania Department of Corrections (DOC). In July of 2002, Moss filed a petition for review with this Court alleging that DOC had violated his constitutional right to access to the courts.1 More spe[617]*617cifically, Moss alleged that the stationery supplies provided to indigent inmates were inadequate to allow Ml access to the courts.2 .

In September of 2002, Moss filed a motion for judgment as a matter of law. The next month DOC filed a motion for summary relief. By order dated October 4, 2002, this Court directed that DOC’s motion be listed with Moss’ motion for purposes of briefs and disposition. Following the submission of briefs, by opinion and order dated December 24, 2002, we denied both Moss’ motion for judgment as a matter of law and DOC’s motion for summary relief.3 We denied both motions based upon our finding that genuine issues of fact existed concerning the sufficiency of the stationery supplies provided to Moss, the budgetary concerns of the prison and the actual harm, or lack thereof, suffered by Moss.

Following the filing of numerous applications for special relief and answers thereto, all of which were denied by this Court, the case entered into a period of inactivity. By order dated May 10, 2004, we issued a rule to show cause why the case should not be dismissed. Moss filed an answer to the rule to show cause, which rule was then discharged by order dated June 4, 2004. In this order, we directed Moss to file a renewed motion for summary relief, supported by affidavit, demonstrating that he has suffered and will continue to suffer actual harm in the nature of inability to file particular documents with a court, thereby proving that DOC’s stationery policy resulted in his being denied access to the courts.

Two weeks later, Moss filed an application for special relief, together with an affidavit, setting forth the alleged specific instances wherein DOC’s policy prevented him from filing necessary paperwork with the courts and causing him actual harm. DOC filed an answer as well as a cross motion for summary judgment denying that its policy prevented Moss from obtaining access to the courts. To the contrary, DOC averred that Moss’ lack of sufficient resources was due to his “flagrant abuse of the legal system for his own recreational purposes.” (Respondent’s Answer to Petitioner’s Application for Special Relief, Paragraph 4, p. 4). DOC notes the numerous legal actions commenced by Moss, many of which were dismissed as frivolous, failing to state a claim or lacking legal merit.4

In the seminal case of Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), our United States Supreme Court held that inmates have a “fundamental constitutional right of access to the courts.” Bounds, 430 U.S. at 828, 97 S.Ct. 1491. The Court in Bounds noted that it has “consistently required States to shoulder affirmative obligations to assure all prisoners meaningful access to the courts.” Bounds, 430 U.S. at 824, 97 S.Ct. 1491. With respect to indigent inmates, the Court interpreted this right as requiring [618]*618prison authorities to provide such inmates with paper, a pen, notary service and postage. Nevertheless, the Court pointed out that prison authorities may consider economic factors in determining the extent of these provisions and/or the “methods used to provide meaningful access.”5 Bounds, 430 U.S. at 825, 97 S.Ct. 1491.

Moreover, this right of access was somewhat restricted by the Court’s later decision in Lewis v. Casey, 518 U.S. 343, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996), wherein the court held that an inmate was required to establish actual injury, i.e., the shortcomings of the prison authority, in this case DOC’s stationery policy, hindered the inmate’s efforts to pursue a legal claim. Additionally, the Court in Lewis indicated that this injury requirement is not satisfied by any type of frustrated legal claim, but only by claims relating to direct appeals from criminal convictions involving incarceration, habeas petitions and civil rights actions under 42 U.S.C. § 1983 to vindicate basic constitutional rights.

Further, the Court in Lewis reiterated that “Bounds does not guarantee inmates the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip-and-fall claims.” Lewis, 518 U.S. at 355, 116 S.Ct. 2174. Rather, the Court indicated that Bounds merely requires the prison authorities to provide inmates with the tools they need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement. The Court explained that it envisioned that a prison program “would remain in place at least until some inmate could demonstrate that a nonfrivolous legal claim had been frustrated or was being impeded.” Lewis, 518 U.S. at 353, 116 S.Ct. 2174.

As noted above, DOC enacted a stationery policy in this case providing indigent inmates with a pen as well as certain amounts of paper, envelopes and postage. However, DOC’s policy is not presumed to be valid, especially where it impinges on an inmate’s constitutional rights. See Shaw v. Murphy, 532 U.S. 223, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001).6 Rather, such a regulation is valid only if it is “reasonably related to legitimate penological interests.” Shaw, 532 U.S. at 229, 121 S.Ct. 1475.

In this regard, Shaw set forth the following four factors that courts can use to review such a regulation: (1) whether the governmental objective is legitimate and neutral and the restriction has a rational connection to the asserted goal; (2) whether alternative means of exercising the right remain open to inmates; (3) whether accommodation of the asserted right will significantly affect guards, other inmates and the allocation of prison resources; and (4) whether ready alternatives to the restriction are available.

As to the first factor, we recently addressed this issue in Bronson v. Horn, 830 A.2d 1092 (Pa.Cmwlth.2003), affirmed, 577 Pa. 653, 848 A.2d 917 (2004), cert. denied, — U.S. —, 125 S.Ct. 369, 160 [619]*619L.Ed.2d 257 (2004),7 wherein we held that the reasons underlying DOC’s stationery policy, i.e., continuing to provide inmates with access to the courts while taking into consideration the need for consistent application of the policy throughout the state’s correctional institutions as well as DOC’s fiscal responsibility to the taxpayers of this Commonwealth, “establishes a rational connection between the regulation and a legitimate neutral government interest.” Bronson, 830 A.2d at 1095.

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Bluebook (online)
868 A.2d 615, 2004 Pa. Commw. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-pennsylvania-department-of-corrections-pacommwct-2004.