Washington v. Reno

35 F.3d 1093, 1994 WL 518050
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 26, 1994
DocketNo. 93-6414
StatusPublished
Cited by192 cases

This text of 35 F.3d 1093 (Washington v. Reno) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Reno, 35 F.3d 1093, 1994 WL 518050 (6th Cir. 1994).

Opinion

DAUGHTREY, Circuit Judge.

The defendants, Janet Reno1, Margaret Hambriek2, Kathleen Hawk3, David Woody4, the federal Bureau of Prisons, and the United States of America, appeal the issuance of a preliminary injunction by the district court. Pursuant to that injunction, the defendants are forbidden from proceeding as envisioned with plans to replace the collect-call telephone system available to federal prison inmates with a direct-dial system monitored by correctional facility employees.

Before this court, the defendants challenge both the propriety and the breadth of the injunction. Because many of the alleged justifications for issuance of the injunction are no longer relevant in this ease, we conclude that the injunction should be modified in part and dissolved in part.

I.

A.

From the late 1970’s until 1990, inmates in all federal correctional institutions wishing to make telephone calls to individuals outside the prison were required to make such calls on a collect-call basis. In fact, regulations governing inmate telephone usage specifically recognized that “[ijnmate calls shall ordinarily be made collect.” 28 CFR § 540.104 (1992). Beginning in 1990, however, without promulgation of new regulations on the subject, the Bureau of Prisons began converting the collect-call telephone systems in the federal prisons to a direct-dial inmate telephone service, referred to throughout the proceedings below as ITS.” By the time of the relevant proceedings in this litigation, the ITS system had been installed in 41 of the 72 federal prisons and medical facilities.

The previous collect-call system used in the prisons allowed inmates to make unlimited calls within the disciplinary restrictions of the penal institution. By contrast, the new ITS system in effect at the time of the district court proceedings afforded the inmates the opportunity to purchase direct-dial phone credits at the prison commissary only once a week and limited calls to conversations with individuals named on a list of people approved by correction officials. Each inmate could list no more than 20 numbers on that prisoner’s call list. Through ITS, calls by a particular inmate to any telephone number other than those numbers contained on the inmate’s call list were automatically blocked by the operators of the system. The call list could be amended by the inmate only quarterly to allow for non-emergency calls to other individuals. While the families and approved visitors of the inmates were routinely accepted for inclusion on the telephone lists, until as recently as March 1994, many prisons around the country followed written policies that automatically rejected as potential direct-dial recipients any court or any elected official. One federal penal institution also maintained a written policy automatically blocking any inmate calls to members of the news media.

Furthermore, under ITS procedures, a potential recipient of an inmate call, other than a family member or prison visitor, was required, prior to being placed on the inmate’s approved call list, to complete a form listing information regarding the person’s relationship with the inmate, whether the potential call recipient had ever been convicted of a crime, and whether the recipient received calls or written correspondence from any other inmates. If the potential recipient [1096]*1096failed to complete and return the form, or if the recipient indicated a desire not to receive calls from a particular prisoner, calls from the inmate to that individual were automatically blocked and the potential recipient received no further consideration for placement on the call list.

The new ITS system was also inextricably linked with prisoner participation in the Inmate Financial Responsibility Program. This program was developed to provide a plan to allow inmates to meet the financial burdens resulting from the imposition of court-ordered fines and restitution, as well as other government obligations. Under the program, a designated amount of money is withdrawn periodically from the inmates’ personal accounts to meet the financial responsibilities of the prisoners. As more money flows into an inmate’s account, additional withdrawals for the program are made. Moreover, at the hearings on the requests for injunctive relief, evidence was adduced to establish that prison employees were informed that their employment evaluations and determinations regarding salary increases would be based in part on the level of participation in the inmate financial responsibility program in that particular correctional facility. As a further incentive for inmate participation in the program, the rules initially proposed by the Bureau of Prisons to govern the implementation and operation of the ITS system provided that “a new paragraph (d)(10) of [28 CFR] § 545.11 would specify that refusal by an inmate to participate in the financial responsibility program or to comply with the provisions of the financial plan ordinarily shall result in the inmate’s being limited to placing no more than one telephone call every three months.”

Even under the ITS restrictions originally proposed by the Bureau, however, an inmate would still be allowed to make collect calls to an attorney to discuss legal matters. Although such collect legal calls are generally unlimited, the provisions of former 28 CFR § 540.102 (1993) provided that a warden may, nevertheless, limit such communication if the inmate has an adequate alternative method of contacting counsel.

Money for at least a portion of the installation and operation of the ITS system is obtained from the Prison Commissary Fund. That Fund, a separate account in the United States Treasury, is comprised of money spent by inmates nationwide in the commissaries of federal correctional institutions. Pursuant to the provisions of a Department of Justice circular governing the control of prisoner funds at federal correctional institutions, however, any profits realized from the sale of commissary items are to be placed in a special “welfare fund” and are to be held in trust for disbursement with the approval of the Director of the Bureau of Prisons “for any purpose accruing to the benefit of the inmate body, as a whole, such as amusements, education, library, or general welfare work.”

B.

In June and July 1993, subsequently consolidated lawsuits objecting to the installation of the ITS were filed by various inmates at the Federal Medical Center in Lexington, Kentucky, against the United States, the Bureau of Prisons, officials of the United States government, and officials of the federal prison system. On July 21,1993, after the filing of the suits, the Bureau then published a proposed rule in the Federal Register seeking to “amend its rule on Telephone Regulations in order to provide for the operation of a debit billing system for inmates” and also seeking to amend the existing rule regarding the inmate financial responsibility program to provide “that an inmate who refuses participation in the inmate financial responsibility program is limited to one telephone call every three months, the minimum provided in existing § 540.100.” 58 Fed.Reg. 39096 (July 21, 1993).

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Bluebook (online)
35 F.3d 1093, 1994 WL 518050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-reno-ca6-1994.