Jefferson v. Moran, Civ. A. No. 82-0459.

• Court: U.S. District Court — District of Rhode Island
• Writing for the Court: Anthony A. Cipriano, Cranston, R.I., for defendant
• Citation: Jefferson v. Moran, 563 F.Supp. 227 (D. R.I. 1983)
• Decision Date: 06 May 1983
• Docket Number: Civ. A. No. 82-0459.
• Parties: Leonard JEFFERSON, et al. v. John F. MORAN.

563 F. Supp. 227

Leonard JEFFERSON, et al. v. John F. MORAN.

Civ. A. No. 82-0459.

United States District Court, D. Rhode Island.

May 6, 1983.

Normand G. Benoit, Rhode Island American Civil Liberties Union, Providence, R.I., for plaintiffs.

Anthony A. Cipriano, Cranston, R.I., for defendant.

OPINION

FRANCIS J. BOYLE, Chief Judge.

This is a civil action in which Plaintiffs seek declaratory and injunctive relief for alleged violations of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is asserted under 28 U.S.C. § 1331 and 28 U.S.C. § 1343(3) and (4). Plaintiffs also urge the Court to exercise pendent jurisdiction over the state claim that Defendant has violated R.I.Gen. Laws § 42-35-3 (1959), the Rhode Island Administrative Procedures Act (APA).

Named Plaintiffs are inmates at the Adult Correctional Institution (ACI) and others affected by certain policies adopted between May 18, 1981 and April 27, 1982 by the Department of Corrections for the State of Rhode Island, Defendant John J. Moran, director.

Plaintiffs request certification as a class action pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure. Where "the prospective benefits of declaratory and injunctive relief will benefit all members of a proposed class to such an extent that the certification of a class would not further the implementation of the judgment a district court may decline certification." Davis v. Smith, 607 F.2d 535, 540 (2d Cir.1978). The decision made in this action will apply to all persons interested in the status of the policies adopted by the Defendant and therefore this request is denied.

The policies in issue are contained in "Operational Memoranda" distributed by Defendant between May 18, 1981 and April 27, 1982 to Department of Corrections personnel. These memoranda were filed with the Secretary of State, in Defendant's own words, "in accordance with R.I.Gen. Laws § 42-35 Administrative Procedures Act." The operational memoranda introduced in evidence involve a range of activities, including inmate classification, parole, religious services and programs, news media access to public information, mail policies, key control plans, strip-searches of visitors and substance abuse.

R.I.Gen. Laws § 42-35-3 directs that before an agency adopts "any rule" it shall give at least twenty days notice of its intended action, both by publication and to all persons who have made a request for such notice in advance. The agency also must solicit written comment, and provide an oral hearing if requested to do so by twenty-five persons, an agency of government or an association of more than twenty-five persons. Upon adoption of the rule the agency is required to state in writing its principal reasons for adopting the rule and its reasons for overruling considerations urged against its adoption.

R.I.Gen. Laws § 42-35-1 defines a rule as "each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure or practice requirements of any agency." The term includes the amendment or repeal of a prior rule, but does not include "(1) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public ...".

The issue in this action is whether or not the operational memoranda circulated by the Director of the Department of Corrections are excluded from compliance with the Administrative Procedures Act predicated upon the contention that they are statements concerning only the internal management of the agency and do not affect private rights or procedures available to the public.

Plaintiffs allege that the memoranda constitute rules within the meaning of the APA, and that they were improperly promulgated and are therefore invalid.

Defendant did not comply with the requirements of R.I.Gen. Laws § 42-35-3 in the course of promulgating the operational memoranda. Thus, notice was not given of the proposed adoption of the operational memoranda and no opportunity was afforded for either written or oral comment and the Department of Corrections was not required to explain in a statement its reasons for adopting the policies which it did. Plaintiffs argue that the operational memoranda are therefore invalid by virtue of R.I.Gen. Laws § 42-35-3(c) which states that "No rule hereafter adopted is valid unless adopted in substantial compliance with this section."

The Due Process claim of the Plaintiffs is based upon the failure to properly promulgate rules without public notice and hearings, effectively excluding them and others from participation in the rule-making proceedings. They also allege that the day-to-day enforcement of these invalid rules is a continuing violation of their Fourteenth Amendment rights. Plaintiffs specifically note in their complaint, in their brief and at oral argument that they are not challenging the constitutional validity of any specific operational memorandum. It is only the exclusion from the promulgation process and the subsequent enforcement of invalidly promulgated rules which is challenged as a violation of Plaintiffs' due process rights.

The Rhode Island state courts have not interpreted the term "rule" as defined in R.I.Gen. Laws § 42-35-1(g). In addition, the language of the Rhode Island APA differs from the language of the Federal APA, 5 U.S.C. § 551 (1976). There is, therefore, no federal precedent to follow in interpreting the definition of "rule."

The dispositive issue in this action is the determination whether the operational memoranda are rules and subject to the notice and hearing requirements of Rhode Island law. The only disputed issue in this action is an issue of state law. Plaintiffs cannot establish their constitutional claim, if they have a constitutional claim,¹ without a determination by this Court that the "Operational Memoranda" are rules under the Rhode Island APA.

The Rhode Island APA applies to all administrative agencies within the State. The notice and hearing requirements of § 42-35-3 apply to any rules promulgated by an agency under the ...