Yang v. Missouri Department of Corrections

833 F.3d 890, 2016 U.S. App. LEXIS 14924, 2016 WL 4268954
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 15, 2016
Docket15-2231
StatusPublished
Cited by7 cases

This text of 833 F.3d 890 (Yang v. Missouri Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yang v. Missouri Department of Corrections, 833 F.3d 890, 2016 U.S. App. LEXIS 14924, 2016 WL 4268954 (8th Cir. 2016).

Opinion

*893 COLLOTON, Circuit Judge.

Richard Yang, an inmate in Missouri, appeals the dismissal of his lawsuit against several officials of the Missouri Department of Corrections under 42 U.S.C. § 1983. Yang alleged that the officials violated his constitutional rights when they censored his Chinese-language mail and denied him the ability to place telephone calls to China. The district court 2 granted summary judgment for the officials, and we affirm.

I.

Yang was born in China in 1940. He moved to the United States in 1984 and is now a citizen. Yang has been incarcerated in the Missouri Department of Corrections since 2005, when he was sentenced to twenty years in prison for second-degree murder.

Yang’s first language is Mandarin Chinese. He can speak, read, and write English, although he claims he cannot fully express himself in English. Yang’s relatives remain in China, and none of them understands English.

When he was first imprisoned, the Department allowed Yang to correspond in Chinese. But from late 2007 to some point in 2008, and again after January 2011, Department officials refused for security reasons to deliver Yang’s incoming and outgoing mail written in Chinese.

The officials restricted Yang’s Chinese-language mail pursuant to the Department’s censorship and mail policies. Those policies provide for censoring of mail that poses a threat to the security of the penal institution. Items written in a “language that staff are unable to interpret with current available resources” are said to present such a threat. Thus, all mail in a foreign language is sent to a committee that determines whether an employee-interpreter is available by reviewing the Department’s “institutional translator list.” If an employee can interpret the mail, it is sent to that employee for review and screening before delivery to its intended destination. But if no employee on the list can interpret the mail, the committee censors the mail and informs the inmate of the basis for its decision.

At all times relevant to this litigation, no Department employees could read or translate Mandarin Chinese. Because several employees knew Spanish, however, the Department screened other inmates’ Spanish-language mail during the periods when Yang’s Chinese-language mail was rejected.

Yang twice complained about the treatment of his mail through the Department’s grievance process. He explained that his family was unable to understand English, requested permission to send and receive Chinese-language mail, and demanded that the Department provide an interpreter who could review the mail and clear it for delivery. Department officials denied Yang’s grievances.

Yang also sought to place telephone calls to his family and friends in China. Before February 2012, the Department prohibited all international calls. After that date, international calling was permitted, but Yang temporarily remained unable to call people in China due to technical difficulties. The Department’s international-calling provider resolved those issues, and Yang may now call his family in China.

Throughout his time in prison, Yang has been able to place domestic telephone calls and to send and receive English-language *894 mail. Yang mailed a couple letters in English to his family in China. Yang also attempted to contact a few acquaintances in the United States by mail and telephone. The recipients of Yang’s communications, including family members in China, neither responded to his letters nor accepted his phone calls.

In May 2012, Yang, proceeding pro se, brought a § 1983 action against the Department and several officials. Yang alleged that the defendants had infringed his rights under the First Amendment, the Equal Protection Clause, and the Due Process Clause by denying him the ability to correspond in Chinese or to place telephone calls to his family and friends in China. Yang sought declaratory and in-junctive relief, as well as money damages for past constitutional violations.

The district court dismissed Yang’s complaint against the Department for failure to state a claim and granted summary judgment for the officials. Yang appealed the summary-judgment orders pro se, and the court appointed counsel to represent Yang at oral argument. The court expresses its appreciation to appointed counsel for his zealous efforts on Yang’s behalf.

Summary judgment is appropriate if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). We review the district court’s ruling de novo, viewing the evidence in the light most favorable to Yang. Murphy v. Mo. Dep’t of Corr., 372 F.3d 979, 982 (8th Cir. 2004).

II.

Yang first asserts that the officials violated his First Amendment rights. A prison inmate retains those First Amendment rights that are not “inconsistent with his status as a prisoner or with the legitimate penological objectives Of the corrections system.” Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974). These include the right to communicate with persons outside the prison walls, subject to regulation that protects legitimate governmental interests. Procunier v. Martinez, 416 U.S. 396, 412-13, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974); Thongvanh v. Thalacker, 17 F.3d 256, 258 (8th Cir. 1994); Benzel v. Grammer, 869 F.2d 1105, 1108 (8th Cir. 1989).

When a prison regulation impinges on an inmate’s ability to communicate with others, it is valid if it is “reasonably related to legitimate penological objectives.” Turner v. Safley, 482 U.S. 78, 89, 99, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); Ortiz v. Fort Dodge Corr. Facility, 368 F.3d 1024, 1026 & n.2 (8th Cir. 2004). In making that determination, we consider (1) whether the regulation is rationally connected to a legitimate and neutral governmental interest; (2) whether the inmate has an alternative means of exercising the constitutional right; (3) the impact accommodating the inmate’s asserted right would have on prison staff, prisoners, and resources; and (4) whether ready alternatives to the regulation exist. Turner, 482 U.S. at 89-91, 107 S.Ct. 2254; see also Thornburgh v. Abbott,

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Bluebook (online)
833 F.3d 890, 2016 U.S. App. LEXIS 14924, 2016 WL 4268954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yang-v-missouri-department-of-corrections-ca8-2016.