Long v. Collins, 90-2461

Decision Date13 November 1990
Docket NumberNo. 90-2461,90-2461
PartiesRicky L. LONG, William Bryan Sorens and David Gene Morris, Plaintiffs-Appellants, v. James A. COLLINS, et al., Defendants-Appellees. Summary Calendar.
CourtU.S. Court of Appeals — Fifth Circuit

Ricky L. Long, Rosharon, Tex., pro se.

William Bryan Sorens, Rosharon, Tex., pro se.

David Gene Morris, Rosharon, Tex., pro se.

James S. Hightower, Rosharon, Tex., pro se.

Appeal from the United States District Court for the Southern District of Texas.

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Three inmates of the Texas Department of Criminal Justice, Institutional Division (TDC) filed a pro se Sec. 1983 case challenging the prison's new administrative directive, which limits total storage space inside inmate cells to four cubic feet. According to the inmates, this regulation unconstitutionally infringes on their rights of access to the courts, free exercise of religion, and possession of legally obtained property. They requested injunctive relief and $1 billion in punitive damages. We concur with the district court's decision to dismiss this complaint pursuant to 28 U.S.C. Sec. 1915(b).

Appellants' complaint challenges the TDC's Administrative Directive .03.72, which mandates that inmates will be provided with storage containers of approximately 1.75 cubic feet capacity. According to an affidavit attached to the complaint, a TDC warden could permit an additional storage unit of 2.25 cubic feet capacity to be obtained for storage of a prisoner's legal materials. The regulation states that if a prisoner's property cannot fit within these storage containers, it must either be mailed home at the inmate's expense, retrieved by approved visitors, or turned over to the prison for destruction.

Appellants contend that each of their legal materials alone are too voluminous to be stored within four cubic feet of space. As quoted verbatim from their appellate brief, each plaintiff lays claim to the following materials:

Plaintiff Long:

1. Approx. 5100 pages of pleadings, documentation and legal correspondance and research materials in the following causes of action: 05-88-0156 CR; 89-12182-K, CA 3-90-0004-F, G-90-110, 90-2461, proceeding pro se in all causes.

2. 34 Law Books, most of which are not available in Unit Law Library.

3. Approx. 230 pages of legal research for two separate cases not yet filed.

4. 1 Ream of Typing paper.

5. 1 Box, 50 ct. carbon paper.

6. 23 Typewriter ribbons.

7. 70 Legal Size envelopes.

8. 11 Manila envelopes.

9. Legal pads. X 2

10. Approx. 60 pages of Court opinions

11. 16 Manuals, essential to the study of paralegalism & Constitutional Law, Student No. P 7G-9463, Southern Career Institute, Correspondence.

Plaintiff Sorrens:

1. Approx. 7100 pages of exhibits, pleadings research materials in cause numbers: TX-90-27-CA, TX-90-28-CA, TX-90-57-CA, Misc. G-89-23, Misc. G-90-23, Misc. G-89-236.

2. 1 box of stationary, 100 ct. bx.

3. 2 Reams of typing paper.

4. 4 Legal Pads.

5. 12 typewriter ribbons.

6. 9 Correction Ribbons.

Plaintiff Morris:

1. Approx. 6550 pages of exhibits, pleadings, research materials etc. in cause numbers: CA 3-86-2465-D, TX-85-470-CA, CA 3-88-2821, G-90-110, 90-2461, F-78-865-MP

2. 83 law books.

3. 540 pages, approx. Other inmates cases that have requested assis-

4. 38 Texas Law Magazines.

5. Approx. 1600 pages of Court rulings, opinions and news paper clipings directly related to current litigation.

6. 3 Reams of Typing paper.

7. 4 Boxes of carbon paper.

8. 14 Legal Pads.

9. 1 Accordian file folder. [sic]

The TDC property directive allegedly interferes with appellants' constitutional rights in three ways. First, the inmates contend that their right of access to the courts is hindered by the administrative limit on their available storage space. Second, in less specific terms, they allege that the limit prevents them from accumulating religious books and papers to supplement a perceived inadequacy in the prison's furnishing of such materials. Third, they contend that the threat to destroy property they have accumulated while in prison violates procedural due process.

It seems to us, as it did to the district court, highly dubious that a facially neutral prison storage space limitation of four cubic feet might in any way restrict a prisoner's exercise of constitutional rights, especially considering the obvious space limitations in a prison setting. That each inmate possesses well over 5,000 pages of legal papers and is participating in at least five lawsuits bespeaks eloquently the current misallocation of social resources toward...

To continue reading

Request your trial
14 cases
  • McNeil v. Guthrie
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 25 Septiembre 1991
    ...brought where there is an existing class action. To permit them would allow interference with the ongoing class action. Long v. Collins, 917 F.2d 3, 4-5 (5th Cir.1990); Goff v. Menke, 672 F.2d 702, 704 (8th Cir.1982). Claims for equitable relief must be made through the class representative......
  • Picart v. Enonmeh, CASE NO. 1:11-cv-00157-BAM PC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 15 Febrero 2012
    ...CW, 2010 WL 3069349 * 2 (N.D. Cal. Aug. 4, 2010); see also McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir. 1991); Long v. Collins, 917 F.2d 3, 4-5 (5th Cir. 1990); Goff v. Menke, 672 F.2d 702 (8th Cir. 1987); Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir. 1987). Individual suits for in......
  • Carson v. Johnson, Case No.: 1:13-cv-00128 JLT (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 4 Febrero 2013
    ...CW, 2010 WL 3069349 * 2 (N.D.Cal. Aug.4, 2010); see also McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir.1991); Long v. Collins, 917 F.2d 3, 4-5 (5th Cir.1990); Goff v. Menke, 672 F.2d 702 (8th Cir.1987); Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir.1987). Allowing such suits would int......
  • NUBINE v. THALER, CIVIL ACTION NO. H-09-2313
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 11 Abril 2011
    ...2008 WL 1790385, **1 (5th Cir. Apr. 17, 2008) (upholding space limitations regarding storage of legal materials), citing Long v. Collins, 917 F.2d 3, 4 (5th Cir. 1990). If Nubine believes that Page 8 the taking of his fan was not authorized by the Texas penal system, he must seek relief in ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT