Souza v. Sheriff of Bristol County

455 Mass. 573
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 5, 2010
StatusPublished
Cited by8 cases

This text of 455 Mass. 573 (Souza v. Sheriff of Bristol County) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Souza v. Sheriff of Bristol County, 455 Mass. 573 (Mass. 2010).

Opinion

Ireland, J.

The plaintiffs are inmates at the Bristol County jail and house of correction in Dartmouth. In July, 2002, they [574]*574commenced an action in the Superior Court for declaratory and injunctive relief, raising numerous challenges to the imposition of certain fees on them and other inmates by the defendant, the sheriff of Bristol County (sheriff), pursuant to an “Inmate Financial Responsibility Program” (program).2 The fees include a five dollar per day “cost of care” fee, as well as fees for a number of services, including medical care, haircuts, and general education development (GED) testing. After various proceedings, the parties filed cross motions for summary judgment. A Superior Court judge allowed the plaintiffs’ motion and denied the sheriff’s motion, concluding that the sheriff lacked authority to impose the cost of care fee, the medical care fee, the haircut fee in excess of $1.50, and the GED fee. He ordered the entry of a declaration stating that those fees “are invalid and unauthorized by law,” and permanently enjoined the sheriff and his agents “from imposing the aforesaid fees.” Pursuant to Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974), a separate and final judgment entered consistent with his order and from which the sheriff appeals.3 We transferred the case here on our own initiative. We affirm.

Background. The material facts of the case are undisputed. The sheriff implemented the program, which is set forth in a written policy, in July, 2002. By its terms, the program serves “to encourage inmates[4] to be financially responsible,” which will “assist [them] in preparing for their transition back [into the community on release],” and helps to “defray[] the cost of incarceration, while still maintaining quality programs and services.” As has been stated, under the program the sheriff established and imposed various fees on inmates for their cost of care, medical care, haircut services, and GED testing.

[575]*575The cost-of-care component of the program imposes on inmates a charge of five dollars for each day of incarceration “for administrative services rendered and to assist in defraying the costs of incarceration.” The fee is deducted directly from an inmate’s “Inmate Money Account” (IMA).5 The fee is not assessed against “[i]ndigent” inmates6 and exempts certain inmates.7 Inmates having “insufficient funds in their IMA to satisfy the [cost-of-care fee] shall have an automatic debit made to their IMA daily, creating a debt owed by the inmate.” Where an outstanding balance exists on an inmate’s IMA, and funds are sent to the inmate, the amount owed is deducted from the funds sent to the inmate. Inmates who are awaiting trial who are later found not guilty or have the charges against them dismissed “shall have the collected fees reimbursed in full by the [sheriff] upon presentation of certified Docket Entries, or other acceptable court document, indicating these dispositions.”

Another component of the program imposes certain charges for medical care and services, including five dollars for medical appointments, three dollars for pharmaceutical prescriptions, and five dollars for eyeglass prescriptions. The fee for medical appointments applies to “[a]ny medical visit initiated by an inmate/detainee through a written request or unscheduled walk-in performed by [the health services unit] not related to a known chronic disease list problem.” Several exemptions apply, including medical services for admission health screening, emergency care, prenatal care, laboratory and diagnostic care, contagious disease care, and chronic disease care. Medical care fees are [576]*576deducted from an inmate’s IMA. No inmate is to be denied access to medical care due to an inability to pay the applicable fee. Indigent inmates receiving medical services “shall be assessed the applicable co-payment fee, which shall be debited against the [inmate’s IMA] and creating a debt which shall remain due and payable.”

There is also a five dollar fee imposed on inmates who request a haircut or beard trim under the program. The fee is deducted from the inmate’s IMA. Indigent inmates are allowed one haircut every month free of charge.

The last fee challenged under the program pertains to GED testing and provides that “[i]nmates who participate in the [GED] testing program shall be charged $12.50 for registration and the battery of tests required.” The fee is deducted from the inmate’s IMA.

Pursuant to the “general operational procedures” of the program, if an inmate is released with an outstanding debt balance in his IMA (such as debt incurred from cost of service or health care fees), “the Canteen Manager System shall freeze the Inmate’s [IMA] and all such outstanding debts shall remain active for a period of two (2) years from the date of release. Should the inmate become incarcerated again within this two (2) year period, all outstanding debts shall become active and the inmate shall be required to pay off these existing debts prior to being allowed to purchase any items.” Inmates have no earned funds while incarcerated, that is, they are not given paid jobs. Inmates without funds in their IMAs are unable to purchase items at the jail commissary, such as personal hygiene products, snacks, candy, and playing cards. Indigent inmates are given a hygiene kit free of charge. The kit contains some basic items such as toothpaste, a toothbmsh, soap, shampoo, and a disposable razor. Since the program’s implementation, the number of indigent inmates has increased.

Discussion. The judge concluded that the plaintiffs were entitled to summary judgment on the ground that the sheriff lacked authority to impose the cost of care, medical care, haircut, and GED fees. He did so after thoroughly examining the numerous statutes cited by the parties. We review the entry of summary judgment under well-established standards, to determine whether the successful party has demonstrated that there is no genuine [577]*577issue as to any material fact and that it is entitled to a judgment as a matter of law. See Morrison v. Toys “R” Us, Inc., 441 Mass. 451, 454 (2004); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991).

As an initial matter, we reject the sheriff’s suggestion made during oral argument that, because a sheriff holds a constitutional office, a sheriff may carry out all the functions of his office (putting aside the question of what those functions include) without any statutory authority. While the sheriff correctly acknowledges that there is no enumeration of the duties or functions of the office of the sheriff in the Constitution of the Commonwealth, he overlooks that the office of the sheriff is not created by our Constitution. Rather, under our Constitution, as originally established, it was provided that sheriffs in each county were to be appointed by the Governor. Part 2, c. 2, § 1, art. 9, of the Constitution of the Commonwealth. This provision was superseded in 1855 by art. 19 of the Amendments to the Constitution, which states that the Legislature “shall prescribe, by general law, for the election of sheriffs [and other officials].” The constitutional provisions concerning the office of the sheriff do no more than recognize the office and require (currently) an election of sheriffs. Consequently, the duties of the sheriff may be further defined or regulated by the Legislature. Cf. Attorney Gen.

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Bluebook (online)
455 Mass. 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souza-v-sheriff-of-bristol-county-mass-2010.