United States ex rel. Stevenson v. Mancusi, Civ. 1969-242
| Citation | 325 F. Supp. 1028 |
| Decision Date | 20 April 1971 |
| Docket Number | Civ. 1969-372.,Civ. 1969-242 |
| Parties | UNITED STATES of America ex rel. Marion STEVENSON, Petitioner, v. Vincent R. MANCUSI, Warden of Attica State Prison, Respondent. UNITED STATES of America ex rel. Stephen J. CARTER, Petitioner, v. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent. |
| Court | U.S. District Court — Western District of New York |
Marion Stevenson pro se.
Richard F. Griffin, Buffalo, N. Y., for petitioner Stephen J. Carter.
Louis J. Lefkowitz, Atty. Gen., State of New York (Richard R. Jenczka, Buffalo, N. Y., of counsel), for the respondent.
Marion Stevenson filed an application with this court pursuant to Title 42, United States Code, Section 1983. He was granted permission to proceed in forma pauperis pursuant to Title 28, United States Code, Section 1915, for the limited purpose of allowing the court to determine the sufficiency of his complaint. Stevenson alleged that, after legal papers belonging to him were found in the cell of another prisoner, he was disciplined by the forfeiture of two days of good time. Respondent claims Mr. Stevenson was punished for a violation of Rule 21 of the Inmates' Rule Book which provides:
"Inmates are prohibited, except upon approval of the Warden, to assist other inmates in the preparation of legal papers."
This court, relying on Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969), and Hatfield v. Bailleaux, 290 F.2d 632 (9th Cir. 1961), dismissed his complaint on the ground that
Mr. Stevenson appealed to the United States Court of Appeals for the Second Circuit. The Court of Appeals remanded petitioner's application to this court with the direction "to hold a hearing as if the petition were a petition for the issuance of a writ of habeas corpus, and, if requested, for the assignment of counsel", and further ordered:
"It is suggested that the People should be given an opportunity to submit a memorandum discussing the applicability of Johnson v. Avery, 393 U.S. 483 (1969)."
Stephen Carter filed a petition alleging that his Eighth Amendment rights were violated when he was reduced in "grade standing" and lost "good time" as a result of his advising and preparing petitions for fellow inmates. This court ordered the respondent to show cause why petitioner's complaint should not be filed pursuant to Title 28, United States Code, Section 1915. Richard F. Griffin, attorney, was assigned to represent each of the defendants. The petitioner, Marion Stevenson, expressly declined the offer of Mr. Griffin's assistance and continued to represent himself during these proceedings.
At the hearing, the court considered the testimony of Vincent R. Mancusi, Superintendent of Attica Correctional Facility, Emmett Cochrane, Chief Clerk of Attica, and petitioner, Marion Stevenson. The court also considered affidavits of Vincent Mancusi, Manuel T. Murcia, counsel to the Commission of Corrections, Leon J. Vincent, Deputy Warden of Attica, Bruce K. Carpenter, at one time an attorney employed by the Legal Aid Bureau of Buffalo, New York, and also a letter from Nathaniel A. Barrell, Executive Attorney of the Legal Aid Bureau, Buffalo. During the hearing, the parties submitted in evidence relevant prison regulations and memoranda concerning the policy of the Department of Corrections governing legal aid to prisoners.
In answer to the court's demand for information about what steps were taken at Attica to implement Johnson v. Avery, supra, the state filed an affidavit of Mr. Mancusi which in part read:
"* * * The above named petitioner is, and has been, allowed if he wishes, to contact the Legal Aid Bureau, the American Civil Liberties Union, and the various law schools and law research agencies on the outside and he also may make use of this institution's law library which has a more than adequate supply of the various law books."
Manuel T. Murcia, counsel to the Commissioner of Corrections, filed an affidavit listing a summary of the legal facilities and agencies available to inmates:
In addition, a memorandum of Deputy Commissioner John R. Kane, of November 24, 1969, was offered in evidence by the respondent to show what was done to render assistance to inmates. This memorandum in part read:
Commissioner Kane also directed that senior law students working under direction should be allowed to visit inmates.
At the hearing, Superintendent Mancusi was asked:
Mr. Mancusi was questioned relative to the criteria, if any, which are applied under Rule 21 in granting approval of a request by one inmate to help another:
The tests referred to are psychological tests administered when an inmate is received at the institution. If the inmate is not illiterate within the Warden's definition, he must prepare his own petition.
Mr. Mancusi testified further:
Later in the testimony, Mr. Mancusi was asked:
He said that the men talked about legal problems in the recreation yards— "weekends he can discuss it for six hours with somebody — as long as there weren't legal papers changing hands." These conversations between prisoners about legal matters are not forbidden. Evidently no disruption of good order is caused by men discussing legal problems during recreation time. Mr. Mancusi explained that the purpose of Rule 21 is to prevent the practice of law by persons not admitted to the Bar and to prevent the extortion of fees by prisoners for the preparation of papers.
Mr. Mancusi testified that the mere fact of possession of legal papers of another prisoner was enough to constitute a violation.
Some idea of the problem of assistance can be obtained by considering that, as a rule, there are about 2,000 inmates at Attica. Of these, 350 to 400, or 20%, are classified as functionally illiterate. Many inmates have difficulty in reading, writing, and understanding the English language.
An analysis of the types of actions which were commenced and papers notarized at Attica for the calendar year 1969 shows that there were 207 writs of coram nobis, 345 writs of habeas corpus, 143 sets of papers starting Article 78 proceedings, 55 applications for certiorari to the United States Supreme Court, 86 motions for resentence, 168 notices of appeal, 57 appeal briefs, 171 applications for permission to proceed in forma pauperis, 235 notices of motion, 334 affidavits and motions to reargue, and 212 miscellaneous papers handled.
In this court alone, the following petitions for habeas corpus and civil rights complaints were filed in the last few years:
FISCAL HABEAS CIVIL
YEAR CORPUS RIGHTS
1966 119 32
1967 169 23
1968 105 30
1969 137 32
1970 143 44
1971 to
Mar. 1971 88 42
Almost all of the above were filed by Attica inmates.
Many of these applications are confusing, verbose, repetitious, and obviously based upon a misinterpretation of some law or regulation. In many cases, it is necessary...
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White v. Lewis
...prison regulations which forbid fellow inmate assistance to inmates with demonstrated literacy. E.g., United States ex rel. Stevenson v. Mancusi, 325 F.Supp. 1028, 1033 (W.D.N.Y.1971) (aid barred to inmates who tested above fifth grade reading comprehension level). The courts also regard pa......
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Martinez v. Procunier
...essential part of understanding the basis for a civil rights complaint, a habeas corpus petition, or an appeal. Stevenson v. Mancusi, 325 F.Supp. 1028, 1032 (W. D. N.Y. 1971). If attorneys of record must interview their clients personally at the many CDC institutions, the time spent travell......
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Stevenson v. Reed
...402, 426-27 (E.D.Okl.1974); United States ex rel. Russell v. Hendrick, 376 F.Supp. 158 (E.D.Pa.1974); United States ex rel. Stevenson v. Mancusi, 325 F.Supp. 1028 (W.D.N.Y.1971). Further, even in those cases in which prison legal services have failed constitutional muster, courts have been ......