Ross v. Department of Correction of the State

722 A.2d 815, 1998 Del. Super. LEXIS 309, 1998 WL 449695
Superior Court of Delaware·Decided February 27, 1998·No. CA. No. 96M-03-065 SCD·Published·Cited by 6 cases

Opinion

MEMORANDUM OPINION

DEL PESCO, Judge.

Introduction

The instant action comes before the Court on remand from an appeal by Petitioners Ross and Gattis to the Supreme Court.1 The Supreme Court held: (1) that inmates have a clear statutory right to receive individual copies of Department of Correction (“DOC”) disciplinary rules under 11 Del.C. § 6535; (2) that the Superior Court consider the availability of Petitioners’ application for a writ of mandamus as a form of relief; and (3) that further factual development by the Superior Court is required to determine whether or not the petitioners were entitled to copies of certain DOC administrative and operational regulations.2 Petitioners request that DOC release administrative and operational documents pertaining to inmate disciplinary rules pursuant to 11 DelC. § 6535 and their constitutional right to meaningful access to the courts.

The central issue facing the Court concerns the meaning and scope of the phrase: “The Department shall promulgate rules and regulations for the maintenance of good order and discipline in the facilities and institutions of the Department, ...”3 After conducting a hearing and receiving evidence on the matter,4 the Court finds that the language of § 6535 encompasses standing, ongoing rules and regulations that directly affect and control inmate discipline and conduct. Temporary or contingency orders and other discretionary commands by prison authorities, however, do not fall within the statutory meaning of § 6535, nor do DOC rules and regulations primarily concerned with prison security, administration, operations, personnel, and any other general matters not directly related to inmate discipline and conduct.

Claims of the Petitioners

Frank Ross is serving a life sentence 5 and [817] Robert Gattis has been sentenced to death.6 Both are incarcerated at the Delaware Correctional Center in Smyrna. They claim that DOC is not providing adequate copies of disciplinary rules and regulations to all inmates. They further allege that such copies as are given to the inmates are incomplete, out-of-date, and do not reflect the full range of rules and regulations that affect and control inmate life, the violation of which can result in disciplinary action or the loss of privileges. They ask that DOC be ordered to disclose all rules and regulations, including those contained in prison administrative and operational manuals.7 Petitioners charge that DOC’s failure to provide adequate copies of the disciplinary rules violates 11 Del.C. § 6535. They have petitioned the Court for a writ of mandamus ordering DOC to provide complete and up-to-date copies of prison disciplinary rules and/or for a subpoena duces tecum to permit the examination of DOC documents bearing upon inmate discipline.

At the hearing, Petitioners and their witnesses8 testified that they were often in a quandary as to what they could or could not do because they were uncertain what the rules were. This uncertainty was compounded, Petitioners claim, when they approached prison officials who often gave conflicting views of the rules. For example, the Petitioners cited to various housing rules such as the number and types of articles that an inmate may keep in his cell; food service rules regarding the seating arrangements and items that may be taken from the dining hall; and to rules governing inmate movement within housing units, telephone privileges, and housing classification.

Because prison officers were often unavailable to answer such questions, gave conflicting answers, or didn’t know the answer, the inmates testified that they tried to look up the pertinent rule or regulation. When Petitioners went to the law library, they claim that the relevant rules were not available or, if they were, they were out of date or incomplete. ■ They complained that rules for housing and health services, which were not in the law library, were not readily available for inspection or reference elsewhere, and rules for grievance procedures which had been published in the prison newspaper, The Isthmus, were available only in limited numbers.9 If an inmate hadn’t been able to pick up a copy of that particular issue or find another inmate who had saved it, it would be difficult to become acquainted with grievance procedures.

When Petitioners wished to review rules that weren’t available except by request, they commented that the officers responsible for showing them the rules were less than helpful and made them wait unreasonable periods of time. They complained that they felt intimidated by first having to ask an officer to see the rules and then having to review the material in the immediate presence of the officer. The witnesses repeatedly wondered why comprehensive copies of the rules couldn’t be made available in the prison law library or in some other relatively neutral space.

Because some portions of inmate rules have been published, e.g., the grievance procedures, Petitioners questioned why all rules governing inmate activity, including collections such as the Inmate Reference Manual, couldn’t likewise be published and distributed to all inmates and updated on some regular basis. Petitioners noted that so many rules are promulgated through memoranda that there wasn’t enough space to properly post them where they would be noticed amongst [818] all the other items on display. They further claimed that these memoranda were posted or announced on an ad hoc basis and not within any particular context of the overall rules.

Petitioners’ witnesses argued that § 6535 entitles them to receive or review all rules that directly regulate inmate conduct from whatever source. They repeatedly declared that they were not interested in seeing or receiving information related to prison security or materials unrelated to inmate conduct. The petitioners were willing to inspect redacted copies of sensitive documents.

Claims of DOC

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Ross v. Department of Correction of the State, 722 A.2d 815, 1998 Del. Super. LEXIS 309, 1998 WL 449695 (Del. Ct. App. 1998).

722 A.2d 815 (Ross v. Department of Correction of the State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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