Yoder v. Palmeri

502 N.W.2d 903, 177 Wis. 2d 756, 1993 Wisc. App. LEXIS 743
CourtCourt of Appeals of Wisconsin
DecidedJune 17, 1993
Docket92-1879
StatusPublished
Cited by2 cases

This text of 502 N.W.2d 903 (Yoder v. Palmeri) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yoder v. Palmeri, 502 N.W.2d 903, 177 Wis. 2d 756, 1993 Wisc. App. LEXIS 743 (Wis. Ct. App. 1993).

Opinions

EICH, C.J.

Charles Yoder, an inmate at the Waupun Correctional Institution, appeals from a summary judgment dismissing his action against a corrections official, Captain Leonard Palmeri.

Yoder sued Palmeri under the federal civil rights act, 42 U.S.C., sec. 1983, seeking both injunctive relief and money damages based on his claim that Palmeri had violated his right to due process of law when he intercepted a letter Yoder had written to an inmate in another institution without giving adequate reasons for doing so.1 The trial court rejected the claim, as do we.

[759]*759The facts are not in dispute. In July, 1991, Yoder wrote to Wayne Taylor, an inmate at another Wisconsin corrections facility, the Wisconsin Resource Center (WRC). Palmeri, the "project captain" at WRC, was responsible for investigating matters that were considered to pose risks to security and order at WRC, and one of his duties was to review inmate-to-inmate correspondence received at the institution.

Yoder's letter to Taylor read in part as follows:

1 am trying to catch on the news what exactly happened down in the "Ville[."] In the paper today, there was an article about Stateville2 being locked up due to a major disturbance — one prisoner killed, numerous Officer! ]s injured, and the violence still goes on. Wisconsin sure could use a dose of that type shit.

Reading the letter, Palmeri determined that it could be considered as "promoting] rioting and physical injury of inmates and correctional staff' in violation of the Wisconsin Administrative Code and various state statutes and decided to confiscate it under the authority of Wis. Adm. Code sec. DOC 309.05(6). The rule, among other things, authorizes interception of inmate-to-inmate mail that "[c]oncerns activity that, if completed, would violate the laws of Wisconsin or the United States-"

The rule also states that whenever such mail is intercepted, the sender and the intended recipient "shall receive a notice stating why the letter was not delivered_" Wis. Adm. Code sec. DOC 309.05(6)(e)2. Following the procedures set forth in the rule, Palmeri [760]*760prepared a "Notice of Non-Delivery of Mail" stating that the letter would not be delivered because it "concerned 'an activity which, if completed, would violate the laws of Wisconsin, the United States or the Administrative Rules of the Division of Corrections.'" Yoder filed this action upon receiving the notice.

He argues that he has a constitutionally protected liberty interest — arising either under the first amendment to the United States Constitution or under state law — in being notified of "full and explicit reasons" for interception of his letter; and he contends that the notice provided by Palmeri under Wis. Adm. Code sec. DOC 309.05(6)(e)2 was inadequate to provide him with the process that was his due. Yoder states the argument quite broadly, never indicating what additional information he believes should have been provided in the written notification, other than to state that "[t]here are many thousands of . . . [l]aws" and he should not be forced to "venture a guess as to which [one] his letter may be violative of."

A constitutionally protected liberty interest may arise from the constitution itself or from provisions of state law. And to the extent that Yoder relies on either source, we reject his argument that either the regulations authorizing interception of inmate-to-inmate mail, or the manner in which those regulations were applied by Palmeri in this case, invade any constitutionally protected interest that he might have.

It is well established that the first amendment rights of prison inmates are subject to such limitation and regulation as may be reasonably related to legitimate concerns with the order and security of the prison environment. Thornburgh v. Abbott, 490 U.S. 401 [761]*761(1989); Turner v. Safley, 482 U.S. 78 (1987). Thus, it is permissible for prison authorities to provide that all incoming mail may be inspected for contraband and read to detect possible threats to prison security. In Gaines v. Lane, 790 F.2d 1299, 1304 (7th Cir. 1986), for example, the court rejected an inmate's challenge to Illinois regulations allowing inspection of all inmate-to-inmate mail, stating that such a practice could not form "the basis of a valid constitutional challenge; this court ha[ving] already determined that provisions of this type do not impermissibly intrude on first amendment rights." In Thornburgh, the Supreme Court explained why this is so:

[PJrison officials may well conclude that certain proposed interactions, though seemingly innocuous to lay [persons], have potentially significant implications for the order and security of the prison. Acknowledging the expertise of these officials and that the judiciary is "ill equipped" to deal with the difficult and delicate problems of prison management, this Court has afforded considerable deference to the determinations of prison administrators who, in the interest of security, regulate the relations between prisoners and the outside world. 490 U.S. at 407-08.

Turner, the leading case on inmate mail, upheld Missouri regulations permitting corrections officials to bar any correspondence between inmates unless it concerned legal matters or was sent to an inmate who was a member of the sender's immediate family. The Supreme Court rejected a "strict scrutiny" standard for such regulations, holding that even though they might impinge on inmates' constitutional rights, they are valid if they are "reasonably related to legitimate peno-logical interests." Turner, 482 U.S. at 89. The Court [762]*762listed four factors to be considered in determining reasonableness: whether there is a " 'valid, rational connection' between the regulation and the legitimate governmental interest put forward to justify it"; whether "there are alternative means of exercising the right that remain open to . . . inmates"; the effect accommodation of the asserted right would have on prison personnel, other inmates and the allocation of prison resources; and the availability of ready alternatives to the restriction. Id. at 89-90 (citations omitted).

Applying those considerations to the Missouri rules — which, we note, are considerably more restrictive than those in Wis. Adm. Code sec. DOC 309.05(6) — the Court concluded:

The prohibition on correspondence is reasonably related to valid corrections goals. The rule is content neutral, it logically advances the goals of institutional security and safety... and it is not an exaggerated response to those objectives. On that basis, we conclude that [it] does not unconstitutionally abridge the First Amendment rights of prison inmates. Turner, 482 U.S. at 93.

We reach a similar conclusion here. The Wisconsin rules are, as the trial court determined, reasonably and rationally related to the state's interest in fostering order and security in its prisons — including the safety of prison workers and inmates alike — and Yoder has not suggested any "ready alternatives" to the provisions he challenges.

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Related

State Ex Rel. Peckham v. Krenke
601 N.W.2d 287 (Court of Appeals of Wisconsin, 1999)
Yoder v. Palmeri
502 N.W.2d 903 (Court of Appeals of Wisconsin, 1993)

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Bluebook (online)
502 N.W.2d 903, 177 Wis. 2d 756, 1993 Wisc. App. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoder-v-palmeri-wisctapp-1993.