Prison Legal News v. Columbia Cnty.

942 F.Supp.2d 1068

PRISON LEGAL NEWS, a project of the Human Rights Defense Center, Plaintiff,

v.COLUMBIA COUNTY; Columbia County Sheriff's Office; Jeffrey Dickerson, individually and in his capacity as Columbia County Sheriff, Defendants.

Case No. 3:12–cv–00071–SI.

United States District Court, D. Oregon.

April 24, 2013.

Jesse Wing and Katherine C. Chamberlain, MacDonald, Hoague & Bayless, Seattle, WA; Lance Weber, Human Rights Defense Center, West Brattleboro, VT, Marc D. Blackman, Ransom Blackman, LLP, Portland, OR, for Plaintiff.

Steven A. Kraemer and Gregory R. Roberson, Hart Wagner, LLP, Portland, OR, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIMON, District Judge.

INTRODUCTION

This case concerns the constitutionality of a county jail's inmate mail policies. Defendants Columbia County, the Columbia County Sheriff's Office (the “CCSO”), and Sheriff Jeffrey Dickerson (collectively “Defendants”) operate the county jail in Columbia County, Oregon (the “Jail”). Plaintiff Prison Legal News (“PLN”) alleges that Defendants violated the First Amendment by rejecting dozens of PLN's publications and letters mailed to inmates incarcerated in the Jail. PLN also alleges that Defendants violated the Fourteenth Amendment by failing to provide both PLN and inmates with notice of and an opportunity to appeal the Jail's rejection of PLN's publications and letters. PLN alleges that these violations are traceable to three policies in effect at the Jail: (1) a policy limiting inmates' personal mail, both incoming and outgoing, to postcards only (the “postcard-only policy”); (2) a policy prohibiting inmates from receiving magazines (the “magazine policy”); and (3) a policy that failed to provide for constitutionally adequate procedural due process protections (the “notice and appeal policy”). ¹

Based on these allegations, PLN makes two claims for relief under 42 U.S.C. § 1983, which provides a cause of action against state and local governments and their officials for violations of a person's federal constitutional or statutory rights. In its first claim, PLN asserts that Defendants' postcard-only and magazine policies violate PLN's First Amendment rights, as well as the First Amendment rights of inmates at the Jail and their other correspondents (the “speech claim”). Compl. ¶¶ 5.1–5.4. In its second claim, PLN asserts that Defendants' notice and appeal policy violates PLN's Fourteenth Amendment procedural due process rights and the procedural due process rights of inmates and their other correspondents (the “due process claim”). Compl. ¶¶ 5.5–5.8

In response, Defendants maintain that the postcard-only policy is constitutional. They admit, however, that inmates have a First Amendment right to receive magazines and inmates and their correspondents have a Fourteenth Amendment right to procedural due process. Am. Answer at ¶¶ 1.1, 5.2, 5.6; Dkt. 203. Defendants also admit that they rejected dozens of PLN publications, including numerous issues of PLN's eponymous journal and that Defendants failed to provide PLN or the inmate-addressees with adequate due process notice and an opportunity to appeal those rejections. Am. Answer; Dkt. 203. Despite these admissions, Defendants contend that they did not have a “policy” of prohibiting magazines. Rather, they argue that CCSO staff simply, but incorrectly, rejected magazines notwithstanding an official “policy” that stated that magazines were permitted. Defendants also contend that CCSO staff failed to afford constitutionally sufficient procedural due process notwithstanding an official policy to the contrary.

Shortly after filing this action in January 2012, PLN moved for a preliminary injunction to enjoin Defendants “from enforcing unconstitutional jail mail policies” and to order Defendants to provide inmates, PLN, and inmates' other correspondents with procedural due process protections. Dkt. 7. In Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987), the United States Supreme Court promulgated a four-factor test to guide courts in determining whether a correctional institution's challenged regulations satisfy constitutional requirements. On May 29, 2012, this Court issued an Opinion and Order granting in part and denying in part PLN's motion for a preliminary injunction. Dkt. 64; Prison Legal News v. Columbia Cnty., 3:12–cv–00071–SI, 2012 WL 1936108 (D.Or. May 29, 2012). The Court found that PLN was likely to succeed in showing that Defendants' postcard-only policy failed to satisfy the four-factor test set forth in Turner. Accordingly, the Court enjoined Defendants “from restricting all incoming and outgoing inmate personal mail to postcards only.” Dkt. 64 at 26. On the basis of the record available at the time, the Court concluded that Defendants' inmate mail policy permitted magazines, although the Court noted that Defendants had admitted that they failed to deliver PLN's journal in practice. The Court found that there was an insufficient evidentiary record to determine whether Defendants unconstitutionally failed to afford inmates and their correspondents procedural due process.

In its preliminary injunction opinion, the Court also found that PLN had standing to assert its claims in two ways. Dkt. 64 at 10–13. First, the Court found that PLN had standing in its own right because Defendants rejected dozens of pieces of mail sent from PLN to inmates. Second, the Court found that PLN had standing pursuant to the “overbreadth doctrine.” According to the overbreadth doctrine, a plaintiff “may challenge an overly broad statute or regulation by showing that it may inhibit the First Amendment rights of individuals who are not before the court.” 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108, 1112 (9th Cir.1999). At that stage in the proceedings, the Court did not consider whether PLN had standing to obtain a permanent injunction. That issue is discussed in the Conclusions of Law below.

The Court denied PLN's motions for summary judgment, and the case was set for trial. Dkt. 125. In its Complaint, PLN requested a permanent injunction, declaratory relief, and nominal, compensatory, and punitive damages. Compl. at ¶¶ 7.1–7.3. Pursuant to Federal Rule of Civil Procedure (“Rule”) 42(b), the Court bifurcated the case so that two separate trials could be held. Dkt. 198. The first trial, held February 6–8, 2013, was tried to the bench and is intended to resolve liability and, if appropriate, equitable relief.² After trial, the parties filed post-trial briefs. Dkt. 208–11. These Findings of Fact and Conclusions of Law address liability and equitable relief. A second trial, before a jury, may be necessary to resolve any remaining claim for damages.

FINDINGS OF FACT

Based on the evidence presented at trial, the Court makes the following findings of fact pursuant to Rule 52(a). To the extent any of the findings of fact should more properly be considered conclusions of law, they should be treated as such.

A. Credibility of Witnesses

In these findings of fact, the Court relies on the testimony of the following witnesses who testified at trial: former CCSO Sergeant Bryan Cutright; former Jail Commander Jim Carpenter; former CCSO Sergeant Raquel Miller; former CCSO Sergeant Ralph Lee Rigdon; Undersheriff Andrew Moyer; Sheriff Jeffrey Dickerson; Paul Wright; and Patricia Mendoza. Having observed and considered the testimony of each of these witnesses, the Court concludes that they provided credible testimony.

B. The Parties

PLN is a project of the Human Rights Defense Center, whose mission is to “advocate for progressive reform and change within the nation's criminal justice system[.]” Wright Test. at 4.³ PLN publishes a monthly magazine of the same name. Id. at 5. In addition, PLN operates several websites, publishes nonfiction reference books, arranges public speaking and advocacy on behalf of prisoners, and organizes campaigns seeking “reform and change within the criminal justice system both locally and nationally.” Id.

PLN publishes and mails to inmates a variety of publications. These include:

(1) PLN's monthly journal, “Prison Legal News.” See Ex. 66;

(2) Informational brochures (one double-sided page). See Ex. 67;

(3) Subscription renewal letters. See Ex. 56;

(4) Book offers (one double-sided page). See Ex. 69.

(5) Book catalogs (one double-sided page). See Ex. 68; and

(6) Fundraising appeals. See Ex. 64.

PLN combines informational brochures, book catalogs, and book offers into a single mailing that it calls an “info pack.” Wright Test. at 16; see, e.g., Exs. 1–27. PLN combines subscription renewal letters and informational brochures into a single mailing that it calls a “subscription renewal pack.” See, e.g., Exs. 56–63. Info packs, subscription renewal packs, and fundraising appeals are mailed in envelopes.

Sheriff Dickerson has served as the Sheriff of Columbia County since 2009. Dickerson Test. at 206. He is the “chief executive officer of the peace in Columbia County” and is paid by Columbia County. Id. Sheriff Dickerson runs the CCSO. Id. The CCSO employees the equivalent of 38 full-time employees. Id. at 139. At the time the Jail adopted the postcard-only policy in March 2010, the Jail had approximately 200 inmates. Cutright Test. at 81. The inmate population dropped to approximately 130 in May 2012. Id.; Dickerson Test. at 69. On average, the Jail processes approximately 35 pieces of outgoing inmate mail and 37 pieces of incoming inmate mail each day. Miller Test. at 176–77; Dkt. 201.

C. The Jail's Inmate Mail Policies

The parties introduced ten versions or iterations of the Jail's written inmate mail policy (“IMP”) into evidence, ranging from the policy adopted in January 2008 to the policy adopted in July 2012. Exs. 113, 272–76, 297–300. The October 2011 IMP was the policy in effect when PLN filed this action. Ex. 113. All of the IMPs distinguish between legal (sometimes called “privileged”) mail and personal mail. Legal mail is...