Collins v. Haga, Civ. A. No. 74-C-5-D.

• Decision Date: 18 March 1974
• Docket Number: Civ. A. No. 74-C-5-D.
• Citation: 373 F. Supp. 923
• Parties: Willie COLLINS et al., Petitioners, v. A. B. HAGA, Superintendent, Correctional Field Unit #28, et al., Respondents.
• Court: U.S. District Court — Western District of Virginia

373 F. Supp. 923

Willie COLLINS et al., Petitioners, v. A. B. HAGA, Superintendent, Correctional Field Unit #28, et al., Respondents.

Civ. A. No. 74-C-5-D.

United States District Court, W. D. Virginia, Danville Division.

March 18, 1974.

James W. Hopper, Asst. Atty. Gen., Richmond, Va., for respondents.

Petitioners appear pro se.

OPINION and JUDGMENT

DALTON, District Judge.

This proceeding involves a civil action against several of the correctional officers of the Patrick-Henry Correctional Unit, filed pro se by various inmates of the Unit pursuant to the Civil Rights Act, 42 U.S.C. § 1983. The inmates' petition contains numerous complaints concerning the conditions of their confinement, and requests that the court enjoin the respondents from continuing the practices which have allegedly created these conditions. The petition suffers from an infirmity frequently present in pro se complaints, in that it contains many conclusory allegations lacking in factual verification. Although this Circuit adheres to a policy favoring liberal construction of pro se petitions, nevertheless, in order to state a claim for relief under § 1983 "there must be alleged facts (1) constituting a deprivation of a right guaranteed by the 14th Amendment (2) under color of state authority." Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1963) (emphasis supplied). Absent a minimum factual presentation, a federal court does not have the authority to conduct a general inquiry into the operation of a state prison system, but rather should summarily dismiss the complaint. This is especially appropriate when the prison authorities have filed affidavits based on their personal knowledge and the petitioners have failed to respond by setting forth specific facts showing that there is a genuine issue for trial. See Antonio v. Barnes, 464 F.2d 584 (4th Cir. 1972); Fed.R.Civ.P. 56(e). With this in mind, the court will examine the individual allegations contained in the complaint.

Initially petitioners allege that on several occasions they have been threatened with retaliation if they pursue relief through the courts. Specifically, they contend that respondents have threatened to transfer complaining inmates to correctional units further from their homes and to remove all inmate telephone privileges. Furthermore, they allege the respondents are interfering with their right to petition for judicial relief by attempting to mobilize the general inmate population against any inmate seeking relief through the courts and by refusing to send legal material by certified mail unless the inmate pays the cost. In his affidavit, A. B. Haga, Superintendent of the Unit, denies that he or any employee of the Unit have impeded any inmate in his efforts to petition for judicial relief. Further, he states that transfers are not within his discretion, but instead must be recommended to the Institutional Classification Committee where the inmate is afforded a hearing. If the ICC approves transfer, the approval is forwarded to the Division Classification Committee for confirmation, and from there to the Central Classification Committee. Thus, the affiant asserts that he has no authority to arbitrarily transfer an inmate. The Superintendent's affidavit also indicates that a pay telephone is available for inmate use two times monthly between 5:00 p. m. and 8:00 p. m., and that no inmate may be denied telephone privileges except pursuant to a determination by the Institutional Adjustment Committee after a hearing. He denies any attempt to create animosity among inmates and avers that every effort is made to create and maintain a harmonious atmosphere. The Superintendent also indicates that inmate legal material is mailed without cost to the inmate, however, certified, registered or insured mail is posted at the expense of the inmate according to the Division of Corrections' policy.

Additionally, petitioners assert that indigent inmates have been denied the right to appointment of legal counsel and that all inmates have been denied access to legal material because there are no law books in the Unit library and none are available upon request. Superintendent Haga, in his affidavit, replies that two attorneys have been appointed by the Henry County Circuit Court to administer to the legal needs of the inmates and are available every Wednesday evening. He admits that the institution's library, which is supplied by the Division of Corrections and interested citizen groups, does not contain a legal reference book section.

The complaints listed above pertain to the petitioners' constitutionally protected right of access to the courts. Examining the last allegation first, it concerns this general catagory, rather than any absolute right to legal materials. The state is not required to provide a law library in order to ensure that the right to petition for judicial relief is adequately protected. Gilmore v. Lynch, 319 F.Supp. 105 (D.C.Cal.1970), aff'd sub nom., Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971). Alternative means may be sufficient. The respondents' affidavit discloses that two attorneys are available to assist the inmates and this certainly satisfies the state's obligation. See Lee v. Stynchcombe, 347 F.Supp. 1076 (N.D. Ga.1972). Regarding the remainder of petitioners' allegations pertaining to their access to the courts, the court finds that based on the Superintendent's affidavit and the failure of petitioners to relate specific incidents wherein their rights were denied, or any specific damage or prejudice resulting therefrom, no constitutional...