Martin v. Ellandson

• Decision Date: 16 October 2000
• Docket Number: No. 4-73-cv-10229.,4-73-cv-10229.
• Citation: 122 F.Supp.2d 1017
• Parties: Charles Reno MARTIN, Steven R. Wycoff, and Glendale More, Jr., Plaintiffs, v. Nolan ELLANDSON, and Lou V. Brewer, Defendants, United States of America, Intervenor.
• Court: U.S. District Court — Southern District of Iowa

122 F.Supp.2d 1017

Charles Reno MARTIN, Steven R. Wycoff, and Glendale More, Jr., Plaintiffs, v. Nolan ELLANDSON, and Lou V. Brewer, Defendants United States of America, Intervenor.

No. 4-73-cv-10229.

United States District Court, S.D. Iowa, Central Division.

October 16, 2000.

Barbara A. Schwartz, John B. Whiston, University of Iowa, Iowa City, IA, for plaintiffs.

Gordon E. Allen, Des Moines, IA, for defendants.

Vincent M. Garvey, Washington, DC, for United States.

ORDER ADOPTING REPORT AND RECOMMENDATION

LONGSTAFF, District Judge.

This is an action brought by an inmate pro se under 42 U.S.C. § 1983. The case was referred to the Honorable Celeste F. Brewer, United States Magistrate Judge for the Southern District of Iowa, pursuant to 28 U.S.C. § 636(b)(1)(B), for further proceedings and submission of recommendations for disposition. Judge Bremer recommended dismissing plaintiff's case for failure to prosecute and informed the parties that any objections must be filed no later than October 5, 2000. To date, no objections or requests for an extension of time to file objections have been filed.

When a magistrate judge submits a report and recommendation,

[a] judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

28 U.S.C. § 636(b)(1).

After making the required de novo review of the record, the court adopts the Report and Recommendation. Defendants' Motion for Termination of Relief is granted. The orders filed January 25 and August 15, 1974 granting prospective relief is terminated.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION REGARDING TERMINATING CONSENT DECREE

BREMER, United States Magistrate Judge.

The court has before it Defendants' Motion for Termination of Relief, (Clerk's No. 69), filed February 23, 1999. Plaintiffs filed a Brief in Support of Resistance to Motion to Terminate on May 3, 1999. On November 16, 1999, the court granted the United States' Motion to Intervene to defend against Plaintiffs' challenge to the constitutionality of provisions for immediate termination of prospective relief under the Prison Litigation Reform Act of 1995 (PLRA), codified at 18 U.S.C. § 3626(b)(2). The United States filed its brief on March 13, 2000.

This matter was referred to the Honorable Celeste F. Bremer, United States Magistrate Judge for the Southern District of Iowa, for report and recommendation under 28 U.S.C. § 636(b)(1)(B). The court heard oral arguments on Defendants' Motion on March 16, 2000. This matter is fully submitted.

I. BACKGROUND

On September 28, 1973, Charles Martin, an inmate at Iowa State Penitentiary (ISP), Fort Madison, Iowa, filed a complaint under 42 U.S.C. § 1983, alleging Defendants denied him access to the courts, in violation of the First and Fourteenth Amendments. Specifically, Martin alleged that ISP officials provided no legal assistants to help indigent inmates with their legal work. Martin also alleged the prison's library contained inadequate legal materials, and described those materials as follows:

7. The prison law library ... consisting mainly of random and scattered volumes of different reports which have been donated by Drake University, and various books donated at random, most of which are completely outdated and useless for the purpose of prepareing [sic] legal papers of a nature required by prison inmates.

8. There is no way to research a case as there is no legal encyclopedia such as Corpus Jurisdiction Secondum; no U.S.C.A.; no Modern Federal Practice Digest and no periodicals as U.S. Law Week.

(Compl. at 3.) In its January 25, 1974, Order, the court determined the legal assistance and material available to ISP inmates were inadequate as a matter of law to protect indigent inmates' constitutional right to access to the courts. (Order of 1/25/74, at 2-3.) The court declined to express "an opinion as to what may constitute a satisfactory legal library." Id. at 2. The court ordered Defendants to submit a comprehensive plan to ensure indigent ISP inmates constitutionally adequate access to the courts. "Such a plan may provide for an upgrading of the legal materials to which prisoners at the institution have access; for the provision, at state expense, of professional or paraprofessional legal counsel and assistance for indigent prisoners; or for elements of both." Id at 14.

On May 6, 1974, Defendants submitted the required plan. The plan included providing legal services funded by a six-month grant from the Iowa Crime Commission; coordinating those services with existing legal aid services; continuing "jailhouse lawyer" services; and buying certain legal materials, including the Iowa Digest, and Shepard's Iowa (Northwestern) Citations. (Defs.' Plan Legal Servs. to Inmates at 1-7.) ISP had already bought, since the lawsuit was filed, several materials, including volumes of United States Code Annotated, Northwestern Reporter, U.S. Supreme Court Reporter, Modern Federal Practice Digest, and Moore's Federal Practice. Id. at 7.

Plaintiffs resisted the plan. On August 15, 1974, the court entered an order modifying portions of the plan and retaining jurisdiction for continued supervision of the plan and Defendants' compliance. (Order of 8/15/74.) Specifically, the court found that the plan for legal services, including the temporary grant for legal services, was sufficient for the next six months, but would be evaluated in the future, and plans for a permanent program would be drafted on the basis of the experience. Id. at 2. The court stated the library facilities "will be a necessity until adequate legal services are provided." Id. at 4. In the meantime, the court stated, the library proposed was still constitutionally deficient, and Defendants had to provide access to the following legal resources:

(1) The United States Code Annotated, Title 28 Sections 2241-55.

(2) Federal Reporter 2nd Series from 1960 to present.

(3) Federal Supplement from 1960 to present.

(4) Local Rules of the Federal District Court.

(5) Shepard's United States Citations.

(6) Shepard's Federal Citations.

Id. at 4.

On July 22, 1975, after funds for the legal services program had run out, and no new application for funds had been made, the court ordered the defendants to submit a progress report or revised plan. (Order of 7/22/75.) "Obviously, it is not constitutionally required that the State continue to operate the same legal services program. What is required is some program which will effectuate this Court's Order of January 25, 1974." Id. Defendants informed the court that they had applied for another grant from the Iowa Crime Commission, and that approval was expected shortly. (Progress Rep. of 9/2/75.) The grant would "basically continue the former legal services program, providing local attorneys for inmates and updating the law library." Id.

On June 21, 1978, the court removed this action from the record of pending cases, reserving the "right and leave of any party to reinstate should further proceedings become necessary or desirable." (Order of 6/21/78.) The court retained jurisdiction for the supervision of compliance efforts. Id.

On April 26, 1996, the President signed the PLRA into law. Section 3626 of the PLRA, governs remedies in civil actions with respect to prison conditions, and provides for immediate termination of prospective relief:

(2) Immediate termination of prospective relief.—In any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, Plaintiffs' right of access to the courts extends no further than necessary to correct the violation of the Federal right [of a particular plaintiff or plaintiffs], and is the least intrusive means necessary to correct the violation of the Federal right.

(3) Limitation.—Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current or ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation.

18 U.S.C.A. § 3626(b)(2), (3). Congress provided that § 3626 applies to all prospective relief. Gavin v. Branstad, 122 F.3d 1081, 1084 (8th Cir.1997) (citing 18 U.S.C.A. § 3626(b)(2), (3)).

In February 1999, the Iowa Department of Corrections (IDOC) instituted a policy of ceasing to update the legal libraries system-wide and of contracting with the Iowa Public Defender's Office for the provision of legal services at state prisons. (Pls.' Brf. Support Res. Mot. Term. at 3.)

On February 22, 1999, Defendants moved in this case for termination of prospective relief under the PLRA's § 3626(b)(2). Plaintiffs timely filed a resistance, in which they alleged prospective relief should not be terminated for the following reasons: (1) The court's orders of January 25 and August 15, 1974, contained the findings required under the PLRA; (2) the PLRA's termination provisions under § 3626 are unconstitutional; and (3) prospective relief remains necessary to remedy current and ongoing violations of the right of access to the courts. (Pls.' Res. Mot. Term. at 1.)

On March 15, 2000, Plaintiffs withdrew their claim that § 3626 cannot be constitutionally applied to terminate relief under the PLRA, citing Watson v. Ray, 192 F.3d 1153 (8th Cir.1999). (Pls.' Resp. Mem. of U.S. at 1.)¹ Plaintiffs, however, continue to allege that "the current legal library policies" of Defendants unconstitutionally interfere with inmates' First Amendment rights of...