Seale v. Manson, Civ. No. 14077.

Decision Date05 May 1971
Docket NumberCiv. No. 14077.
CourtU.S. District Court — District of Connecticut
PartiesBobby SEALE and Ericka Huggins, Plaintiffs, v. John R. MANSON, Commissioner of Corrections of the State of Connecticut, et al., Defendants.

COPYRIGHT MATERIAL OMITTED

Catherine G. Roraback, David N. Rosen, Michael Avery, New Haven, Conn., Stanley A. Bass, New York City, Charles R. Garry, San Francisco, Cal., for plaintiffs.

Robert K. Killian, Atty. Gen. and Stephen J. O'Neill, Asst. Atty. Gen., Hartford, Conn., for Harold E. Hegstrom, Janet S. York, Henry Karney and Elizabeth Crouch.

Jerrold H. Barnett, Asst. State's Atty., New Haven, Conn., for Arnold Markle.

Stewart H. Jones, U. S. Atty., Peter A. Clark, Asst. U. S. Atty., New Haven, Conn., for Charles Weeks.

MEMORANDUM OF DECISION

ZAMPANO, District Judge.

The plaintiffs, presently being held without bond while on trial on serious criminal charges in the Connecticut Superior Court, instituted this civil rights action for injunctive and declaratory relief with respect to numerous conditions incident to their confinement. Federal jurisdiction is properly invoked pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343(3). See Houghton v. Shafer, 392 U.S. 639, 88 S.Ct. 2119, 20 L.Ed.2d 1319 (1968); Wright v. McMann, 387 F.2d 519 (2 Cir. 1967); Sostre v. McGinnis, 334 F.2d 906 (2 Cir.), cert. denied, 379 U.S. 892, 85 S.Ct. 168, 13 L.Ed. 2d 96 (1964); Carothers v. Follette, 314 F.Supp. 1014 (S.D.N.Y.1970).

The plaintiff Bobby Seale is incarcerated in the Montville Correctional Center, and the plaintiff Ericka Huggins is an inmate in the Connecticut Correctional Institution for Women in Niantic. Both contend their federally protected rights are being violated by the following practices and conditions in the prison institutions:

1. Censorship of correspondence between the plaintiffs and their attorneys;

2. Restrictions on the type and amount of books, newspapers and other reading materials permitted to be sent to the plaintiffs;

3. Refusal to allow visitation rights to friends, potential trial witnesses, private doctors, and business associates;

4. Inadequate facilities for private consultations between plaintiffs and their attorneys;

5. Electronic eavesdropping;

6. Confiscation of private and personal writings;

7. Denial of access to members of the press;

8. Failure to transmit telephone messages between plaintiffs and their attorneys.

In addition, the plaintiff Seale challenges the validity of the rule prohibiting beards and goatees, and the plaintiff Huggins complains that the jewelry regulations are unreasonable.

On December 14 and 23, 1970, hearings were conducted before this Court, at which time the plaintiff Huggins and the Commissioner of the Connecticut Department of Corrections, Ellis MacDougall, testified. On December 24 the Court held a lengthy conference with counsel for the parties and Commissioner MacDougall. Throughout this day-long conference, counsel and the Commissioner demonstrated a commendable effort to settle their differences. As a result, most of the major issues were resolved, at least for the time being, by the following agreements and stipulations:

1. The Commissioner would permit one private psychiatric evaluation session between Dr. Philip Shapiro and plaintiff Seale;

2. The Commissioner would recommend to the Council of Corrections, the rule making body for Connecticut prisons and jails, that all inmates be allowed to wear beards of reasonable length;

3. Mail between the plaintiffs and their attorneys would not be opened or censored by prison officials;

4. All reading materials, which counsel deem to be of direct or indirect assistance to the plaintiffs in the preparation and presentation of their cases, would be delivered to the plaintiffs;

5. The plaintiffs could receive and read the Black Panther Newspaper, on the condition that they would not give the newspaper to anyone in the general prison population;

6. The plaintiffs agreed to keep certain so-called "inflammatory" books and materials in their cells and not make them available to the other inmates;

7. Private writings of the plaintiffs concerning their defenses at trial would be kept in sealed envelopes, would not be opened or censored by prison officials, and, after a hand inspection, would be delivered to counsel;

8. Potential trial witnesses would be allowed visits with the plaintiffs;

9. The State's Attorney's Office would conduct an investigation to determine whether the secrecy of consultations between the plaintiffs and their attorneys was being invaded by electronic bugging or otherwise; and

10. Upon good faith representations of urgency, telephone communication would be permitted between the plaintiffs and their attorneys.

It was further agreed that the hearings should be resumed to enable the Court to hear evidence and rule on the validity of the regulations concerning jewelry, general reading material, mail and visits from friends, and press interviews.

On February 8, 1971, the Court was informed that all the agreements made on December 24 were ratified by the Council of Corrections, except the regulation concerning the wearing of beards by inmates. With respect to this regulation, the Council voted to leave the matter to the discretion of the Commissioner. Shortly thereafter Commissioner MacDougall resigned and Commissioner John Manson was appointed to replace him. The new Commissioner has decided that there should be no change in the regulation.

On February 10, 1971, the hearings were commenced again before this Court; thereafter, briefs were filed, and oral arguments were heard. On February 24, 1971, with the consent of all parties, the Court ordered, pursuant to Rule 65(a) (2), F.R.Civ.P., that there be a consolidation of the hearings on the preliminary injunction with the trial on the merits. The issues, not resolved at the conference on December 24, are now ripe for decision.

I.

On February 10, 1971, the Court sua sponte raised the question whether a three-judge court should be convened under the provisions of 28 U.S.C. § 2281. On February 18, 1971, the issue was argued by the parties and briefs were submitted. The Court is of the opinion that jurisdiction properly rests with a single judge since no state statute, statewide regulation, or order promulgated under a statute is involved in this case. See Moody v. Flowers, 387 U.S. 97, 101, 87 S.Ct. 1544, 18 L.Ed.2d 643 (1967); Vandygrift v. Home Rule Charter Commission, 425 F.2d 255 (5 Cir. 1970) (per curiam); Holmes v. New York City Housing Auth., 398 F.2d 262, 264 (2 Cir. 1968); McLucas v. Palmer, 309 F.Supp. 1353, 1357 (D.Conn.), aff'd, 427 F.2d 239 (2 Cir.), cert. denied, 399 U.S. 937, 90 S.Ct. 2271, 26 L.Ed.2d 808 (1970); Smith v. State Executive Committee of Dem. Party, 288 F.Supp. 371, 373 (N.D. Ga.1968). The directives involved in this case were promulgated by the Council of Corrections pursuant to the general power granted to the Council to establish rules governing the administration of prisons. Conn.Gen.Stat. § 18-79. These directives were not issued to effectuate a specific statute and no state statute is attacked on constitutional grounds. Therefore, a single judge may consider the constitutionality of these directives and may, if required, issue an injunction against their enforcement. Cf. Berrigan v. Norton, 322 F.Supp. 46 (D.Conn.1971).

II.

It is settled law that many rights exercised by ordinary citizens necessarily must be limited in a prison environment since "lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system." Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 1060, 92 L.Ed. 1356 (1948). Thus prison administrators must be granted considerable discretion in promulgating rules governing prison life and discipline. Long v. Parker, 390 F.2d 816, 820 (3 Cir. 1968); McCloskey v. State of Maryland, 337 F.2d 72, 74 (4 Cir. 1964); Brown v. State of South Carolina, 286 F.Supp. 998, 1001 (D.S.C. 1968); United States ex rel. Oakes v. Taylor, 274 F.Supp. 42, 43 (E.D.Pa. 1967); United States ex rel. Henson v. Myers, 244 F.Supp. 826, 827 (E.D.Pa. 1965). Courts lack the vast experience of prison officials and therefore, absent extreme circumstances, should not interfere with internal prison management or interpose their judgment with respect to rules and regulations on discipline and security.

On the other hand, a court should not be reluctant to strike down a prison regulation if it is unreasonable or arbitrary, Brooks v. Wainwright, 428 F.2d 652, 653 (5 Cir. 1970) (per curiam), or not reasonably related to the needs of penal administration. Pierce v. LaVallee, 293 F.2d 233 (2 Cir. 1961). A prisoner does not lose all his fundamental rights because of and during his incarceration; the courts have rejected repeatedly the proposition "that upon entering a prison one is entirely bereft of all his civil rights and forfeits every protection of the law." Sewell v. Pegelow, 291 F.2d 196, 198 (4 Cir. 1961). Upon a proper showing, a court should examine a challenged prison regulation with respect to its purpose and the constitutional right which is affected. Gilmore v. Lynch, 319 F.Supp. 105, 109 (N.D.Cal.1970).

A test of this type permits the court to balance the need for the regulation against the claimed constitutional right asserted by the inmate and the degree to which it has been infringed by the regulation in question. See Gilmore v. Lynch, supra, at 109. Due weight, of course, must be given to the expert opinions proffered by prison administrators. In sum, the court must recognize the difficulties inherent in the administration of a prison community and must respect the need for restrictive regulations; yet, at the same time it must be solicitous of the civil and personal rights of the prisoner.

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