O'BRYAN v. County of Saginaw, Mich.

• Decision Date: 14 September 1977
• Docket Number: Civ. A. No. 75-10075.
• Citation: 437 F. Supp. 582
• Parties: James O'BRYAN, Duane Wilbert, Isaac Mc Kinley, Thomas Dorsey, John Phillips, Earl Mc Claren, Dale Falk, Thomas Jackson and James Brotzman, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. The COUNTY OF SAGINAW, MICHIGAN, James F. Halm, Carl A. Roggow, Rene C. De Sander, Ralph J. Frahm, Ralph K. Iwen, Pamela Sommerfeld, Marie E. Davis, Ed Thomas, Frank J. Paskiewicz, Norman E. Howell, Robert Alfred Gage, Paul L. Gustafson, Robert C. Pressprich, John M. Ryan, Benjamin L. Schrader, Individually and as Members of the Saginaw County Board of Commissioner, Dorothy Kovaleski, Individually and as Saginaw County Auditor, Robert E. Loubert, Individually and as Sheriff of Saginaw County, Lawrence Cox, Individually and as Deputy Sheriff of Saginaw County, Defendants.
• Court: U.S. District Court — Western District of Michigan

437 F. Supp. 582

James O'BRYAN, Duane Wilbert, Isaac Mc Kinley, Thomas Dorsey, John Phillips, Earl Mc Claren, Dale Falk, Thomas Jackson and James Brotzman, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. The COUNTY OF SAGINAW, MICHIGAN, James F. Halm, Carl A. Roggow, Rene C. De Sander, Ralph J. Frahm, Ralph K. Iwen, Pamela Sommerfeld, Marie E. Davis, Ed Thomas, Frank J. Paskiewicz, Norman E. Howell, Robert Alfred Gage, Paul L. Gustafson, Robert C. Pressprich, John M. Ryan, Benjamin L. Schrader, Individually and as Members of the Saginaw County Board of Commissioner, Dorothy Kovaleski, Individually and as Saginaw County Auditor, Robert E. Loubert, Individually and as Sheriff of Saginaw County, Lawrence Cox, Individually and as Deputy Sheriff of Saginaw County, Defendants.

Civ. A. No. 75-10075.

United States District Court, E. D. Michigan, N. D.

September 14, 1977.

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Lawrence F. Gambino, Phillip L. Snelling, Alan S. Ells, Legal Services of Eastern Michigan, Saginaw, Mich., Delores Coulter, Legal Services of Eastern Michigan, Flint, Mich., Alan Houseman, Legal Services of Eastern Michigan, Detroit, Mich., for plaintiffs.

William S. Bovill, David B. Meyer, Jerome E. Burns, William E. Jungerheld, Saginaw, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

This action is brought by plaintiffs on behalf of themselves and all others similarly situated challenging the constitutionality of certain alleged practices and procedures affecting inmates in the Saginaw County Jail. Plaintiffs originally requested declaratory and injunctive relief and damages, and the Court determined that the action could proceed as a class action pursuant to F.R.Civ.P. 23(c)(1) on behalf of all persons who have been, are, or will be confined in the Saginaw County Jail. By a Memorandum Opinion and Order dated June 20, 1977, the damage claims as to the named plaintiffs were dismissed on their motion pursuant to F.R.Civ.P. 41(a)(2) and the class nature of this action was modified to proceed pursuant to F.R.Civ.P. 23(b)(2) on the claims for declaratory and injunctive relief only.

This action is concerned with particular alleged practices and procedures as opposed to general physical conditions. The Complaint contains nine claims on which plaintiffs seek relief. The first claim is that alleged use of the "hole," the lack of recreation and exercise, the restrictive visitation, communication, and association privileges, the lack of adequate ventilation in the windowless sections of the jail, and the alleged lack of custodial care constitute cruel and unusual punishment and a denial of due process in violation of the Eighth and Fourteenth Amendments to the United States Constitution. The second claim for relief alleges that inmates have inadequate access to legal material. The third claim involves the alleged censorship of inmate mail and the alleged lack of access to telephones, mailing, writing and reading materials, as well as restrictive visitation privileges, which are alleged to be a violation of the right to free speech and association as guaranteed by the First and Fourteenth Amendments of the United States Constitution. The Fourth claim challenges the visitation procedures, asserting that inmates have a Constitutional right to contact visitation. The fifth claim challenges the disciplinary procedures. The remaining claims seek separation of juvenile inmates from adult inmates and the posting of the jail's regulations. An equal protection claim is also stated on behalf of persons held prior to trial because of their inability to supply bail.

By order dated May 23, 1977, partial summary judgment was granted in favor of plaintiffs. In said ruling, a final disposition was made of the following claims for relief in the following manner with defendants being permanently enjoined from failing to provide the same, to wit:

I. Defendants shall provide two free letters per week for pretrial inmates unable to purchase the necessary stamps, paper, envelopes and pens; one of the aforementioned letters shall be provided for personal correspondence and the other letter shall be for legal correspondence. Inability to purchase shall be defined as an inmate commissary account that has an average two-week balance of under two dollars ($2.00), provided that no inmate without funds shall be required to wait a two-week period to obtain the necessary stamps, paper and envelopes.

II. All disciplinary actions taken in the Saginaw County Jail shall be done in conformance with the following procedures prior to punishment:

a) Minor rule violations:

1. A hearing officer shall be designated for each shift from command officers.

2. A report alleging a rule violation will be filed with the hearing officer by the complaining party.

3. Such hearing officer will investigate each reported violation by speaking with the complaining party and the party complained of and any other persons necessary.

4. The hearing officer shall evaluate the evidence and make a finding as to whether a violation has occurred and the type of punishment to be given and note the same in a written report.

5. In no case will a guard be allowed to summarily punish an inmate.

6. In those cases where the hearing officer is a complaining party or witness, a different hearing officer shall be appointed to determine the case.

7. A written list of possible minor violations and punishments shall be established (i.e., loss of T.V., commissary or recreation for up to forty-eight (48) hours) and distributed to inmates and staff.

b) Serious rule violations:

1. A hearing board shall be created consisting of a captain or his designate in the Sheriff's Department and one non-jail staff person, such as a representative from the inmate school staff, selected by the Sheriff, to hear evidence of the rule violation and determine punishment if merited.

2. Procedure to be followed prior to infliction of any punishment:

(a) written notice of alleged rule violation.

(b) hearing before board.

(c) right to present witnesses and confront accusers.

(d) if inmate is not mentally competent to defend him or herself or issues are complex, a non-attorney representative may assist who is appointed by a non-staff hearing officer.

(e) a written report of the hearing decision and evidence relied on by board.

3. A written listing of violations and punishments shall be established (i.e., placement in single cells, loss of good time, any restriction of privileges over forty-eight (48) hours).

c) Emergency situations:

1. In emergency situations where the safety of persons or security of the jail is in jeopardy, such as fights between inmates, an inmate may be placed in single cell immediately but the appropriate hearing procedure shall be followed within twenty-four (24) hours, except upon weekends when hearing may be postponed until Monday.

d) The use of physical force as a means of discipline is prohibited. There shall be no discipline of an entire group of inmates unless it is determined that all inmates to be disciplined participated in the rule violation; (i.e., T.V. privileges). The removal of clothing shall not be used as a punishment. The discipline used shall be reasonably related to the rule violation and the circumstances surrounding the violation. Visitation and mail privileges shall not be suspended as punishments except in cases where those respective privileges were abused. An accurate, complete log book shall be kept of all discipline indicating date, name, conduct, rule violated, procedures, findings and punishment, if any.

e) The type of offenses for which inmates will be prosecuted in state or federal court shall be identified in a written listing; inmates charged with one of these offenses shall be advised that they have a right to remain silent; that anything he says can and may be used against him at a subsequent trial; that he has the right to counsel; that, if he cannot afford counsel, one will be appointed for him at no expense to him for defense of any action filed against him in a court of law.

III. All inmates unable to afford a toothbrush and toothpaste shall be furnished these items free on entry to the jail or at such later date as they become unable to afford them. Inability to purchase shall be defined as an inmate commissary account that has a two-week average balance of under two dollars ($2.00), provided that no inmate without funds shall be required to wait a two-week period to obtain the toothpaste and toothbrush.

IV. All inmates on entry to the jail shall be provided with socks, sheets, and a clean blanket.

V. An Inmate Guide shall be drafted by the Sheriff of Saginaw County to include a comprehensive list of rights and privileges of inmates specifically described to prevent inconsistent application, arbitrariness and favoritism in implementation. The Guide shall be published upon final resolution of the controversy in this action.

a) The Inmate Guide shall include:

1. An explanation of all programs, work opportunities and services available to inmates; and the method of selection, program capacity and manner of application;

2. The disciplinary rules and regulations of the jail providing for specifically listed offenses, penalties and disciplinary procedures;

3. Procedural rules for the filing, hearing and consideration of inmates' complaints and grievances;

4. Procedural rules for presentation of inmate medical requests;

5. Rules for visitation by family, friends, clergymen and attorneys;

6. Rules regarding mail procedure.

b) Said Inmate Guide, upon approval of the court, is to be published in English and Spanish, publicly posted in the jail, distributed to all present inmates and each new inmate upon admittance, made available to attorneys, friends and family of inmates and revised and republished regularly.

VI....