Sidebottom v. Schiriro

927 F. Supp. 1221, 24 Media L. Rep. (BNA) 2021, 1996 U.S. Dist. LEXIS 7220, 1996 WL 284616
CourtDistrict Court, E.D. Missouri
DecidedMay 22, 1996
DocketNo. 4:96 CV 844 SNL
StatusPublished
Cited by2 cases

This text of 927 F. Supp. 1221 (Sidebottom v. Schiriro) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sidebottom v. Schiriro, 927 F. Supp. 1221, 24 Media L. Rep. (BNA) 2021, 1996 U.S. Dist. LEXIS 7220, 1996 WL 284616 (E.D. Mo. 1996).

Opinion

MEMORANDUM AND ORDER

LIMBAUGH, District Judge.

Petitioners are before this Court for a Preliminary Injunction.1 They initially sought a Temporary Restraining Order but the Court took it under advisement pending a prompt hearing to establish a clear factual record. The Petitioners, inmates and the reporters who want to take video cameras into correctional institutions to interview them, have asked this Court to order the Respondents to lift a temporary stay which has been placed on interviews. The Court must decide whether the Respondents’ decision to impose a stay on face to face video interviews of media-selected inmates violates the Petitioners’ constitutional rights?

The facts giving rise to this suit have developed over the last several months while the Petitioners have conducted interviews in correctional institutions throughout Missouri. Each one of these video interviews has required previous clearance, a security search of the reporter and his equipment, and a meeting with the reporter and the inmate in a controlled setting.2

The Petitioners argue that their reporters’ interviews should be allowed because they are no more intrusive on prison life than other prison visitors. On visiting days, the institutions host a number of members of the general public. Although numbers vary based on the institution and the day of the week, the number of visitors can be as few as ten a day to as many as fifty a day on weekends. Visitors include inmates’ family members, friends, and clergy. Each one of these visitors is only allowed to enter the facility after he is placed on an approved visitor list, searched for contraband, and taken to an approved visitor area. No public visitor, however, is allowed to take video or still cameras into the visiting area.3

The state claims that the Petitioners’ interviews pose a security risk and that their number, nearly seventy requests in the last four months (Pet. exs. 10-13), has become an unwieldy burden. Any task which directs staff attention away from its mission of running a prison presents a security risk. Interviews and the presence of media can increase this risk and act as an unnecessary catalyst in the delicate prison environment. Mr. Lombardi, Director of the Division of Adult Institutions who has great familiarity with this subject given his number of years of service and his educational background, testified about two incidents of prison unrest in the state of Missouri which were exacerbated by the presence of media. He also expressed concern that the increased notoriety that would necessarily come to an inmate from an appearance on television could give that inmate an enhanced role in the general population and allow him to exercise that power in a predatory fashion.

As a result of these safety concerns, the Department has put a stay on interviews until they can meet with the Petitioners to determine the parameters and the extent of the Petitioners’ demand for future interviews. (Pet. Ex. 20).

The Petitioners allege that the Department’s decision to stay interviews has violated a number of provision of the Constitution. First, they allege that there has been a violation of the First Amendment rights of the [1224]*1224reporters and the inmates. Second, the Department’s decision to ban Beverly Sidebottom, the mother of a former inmate whose capital sentence was carried out in November of 1995, violates her rights and the rights of the station to choose its reporters. Third, the Petitioners’ procedural due process rights were violated because the stay was imposed without notice to the inmates or an-opportunity for their comment. Fourth, Petitioners’ equal protection rights were violated because other members of the media are not subject to this stay and it does not apply to the general public. Finally, the Petitioners cloak their entire action in 42 U.S.C. § 1983.

The Court must iook to. established doctrine to determine if the facts and allegations of the case require an injunction. In Dataphase Systems, Inc. v. C.L. Systems, Inc., 640 F.2d 109, 113 (8th Cir.1981), the circuit court outlined the four factor test that must be applied: “Whether a preliminary injunction should issue involves consideration of (1) the threat of irreparable harm to the movants; (2) the state of balance between this harm and the injury that granting the injunction will inflict on the other parties litigant; (3) the probability that movant will succeed on the merits; and (4) the public interest.”

Movants Probability of Success on the Merits

Because the analysis of the first two harm elements is intertwined with an analysis of the likelihood of success element, this Court will begin its analysis with the third prong. The question presented is whether the news media have a constitutional right of access to prison, over and above that of the general public, to interview inmates and make sound and video recordings of those interviews for publication through television broadcasts.

To put the question in context, the Court is mindful of the longstanding principle that “lawful incarceration brings about the necessary withdrawal or limitations 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). This is not to say that inmates are stripped of all right, only those which conflict with legitimate state interests. As an additional preliminary note, Respondents are given deference on many matters because courts are ill suited to deal with the problems of prison administration and must often defer to the knowledge of expert administrators. Procunier v. Martinez, 416 U.S. 396, 405, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974); Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987).

Having established the fundamental framework, the Court turns to the specific legal analysis that is required. The Supreme Court has found that the news media has no greater rights in a prison setting than the general public. In a California case similar to this matter, Pell v. Procunier, 417 U.S. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974), the state had enacted a regulation which prohibited face to face interviews with inmates of the reporters choice. It did however, allow inmates to be interviewed at random and allowed the media to tour prisons to gather information for news reports. The Supreme Court found that the restriction was constitutional based on penological interests and that it was a reasonable restriction since inmates still had other access to media through letters or through visitors relating their stories to the media. During the same term, the Supreme Court applied that reasoning to a similar Federal Bureau of Prisons’ regulation. Saxbe v. Washington Post Co., 417 U.S. 843, 94 S.Ct. 2811, 41 L.Ed.2d 514 (1974).

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927 F. Supp. 1221, 24 Media L. Rep. (BNA) 2021, 1996 U.S. Dist. LEXIS 7220, 1996 WL 284616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidebottom-v-schiriro-moed-1996.