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U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:18-cv-00259-DPJ-FKB

Big House Books et al v. Hall et al Assigned to: Chief District Judge Daniel P. Jordan, III Referred to: Magistrate Judge F. Keith Ball Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/26/2018 Date Terminated: 12/19/2018 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Big House Books

represented by Robert B. McDuff THE LAW OFFICE OF ROBERT MCDUFF 767 North Congress Street Jackson, MS 39202 601/969-0802 Fax: 601/969-0804 Email: RBM@McDuffLaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth L. Orlansky MISSISSIPPI CENTER FOR JUSTICE - Jackson P. O. Box 1023 5 Old River Place, Ste. 203 (39202) Jackson, MS 39215-1023 601/352-2269 Fax: 601/352-4769 Email: borlansky@mscenterforjustice.org ATTORNEY TO BE NOTICED

Plaintiff Charles Owens

represented by Robert B. McDuff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jess Green

Beth L. Orlansky (See above for address) ATTORNEY TO BE NOTICED
represented by Robert B. McDuff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth L. Orlansky (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Pelicia Hall Commissioner of the Mississippi Department of Corrections
Defendant Mississippi Department of Corrections
Defendant Jacquelyn Banks Superintendent of the South Mississippi Correctional Institution
Defendant South Mississippi Correctional Institution

Date Filed

#

04/26/2018 1

Docket Text
COMPLAINT against Jacquelyn Banks, Pelicia Hall, Mississippi Department of Corrections, South Mississippi Correctional Institution (Filing fee $400 receipt number 34643049874), filed by Big House Books, Charles Owens, Jess Green. (Attachments: # 1 Civil Cover Sheet)(VM) (Entered: 04/26/2018)

04/26/2018

2 Summons Issued as to Jacquelyn Banks, Pelicia Hall, Mississippi Department of Corrections, South Mississippi Correctional Institution. (VM) (Entered: 04/26/2018)

04/27/2018

3 NOTICE of Appearance by Beth L. Orlansky on behalf of All Plaintiffs (Orlansky, Beth) (Entered: 04/27/2018)

05/01/2018

4 SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Pelicia Hall served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

05/01/2018

5 SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Mississippi Department of Corrections served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

05/01/2018

6 SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. Jacquelyn Banks served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

05/01/2018 7

SUMMONS Returned Executed by Big House Books, Charles Owens, Jess Green. South Mississippi Correctional Institution served on 4/26/2018, answer due 5/17/2018. (McDuff, Robert) (Entered: 05/01/2018)

12/03/2018

8 ORDER TO SHOW CAUSE: As stated in the Order, Plaintiffs are therefore directed to show cause by December 19, 2018, why the case should not be dismissed for failure to prosecute. Signed by Chief District Judge Daniel P. Jordan III on December 3, 2018.(SP) (Entered: 12/03/2018)

12/19/2018 9

STIPULATION of Dismissal by Big House Books, Jess Green, Charles Owens (McDuff, Robert) (Entered: 12/19/2018)

12/19/2018 10

RESPONSE TO ORDER TO SHOW CAUSE by Big House Books, Jess Green, Charles Owens (McDuff, Robert) (Entered: 12/19/2018)

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3:18-cv00259-DPJFKB

 
 Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
sou

BIG HOUSE BOOKS, CHARLES OWENS, and JESS GREEN,
Plaintiffs
v.

APR 2 6 2018

BY

DJif'UTY

Civil Action No. ~ : t<crc..v-t3.5C}- Dru-Fk8

PELICIA HALL, Commissioner ofthe Mississippi Department of Corrections; MISSISSIPPI DEPARTMENT OF CORRECTIONS; JACQUELYN BANKS, Superintendent of the South Mississippi Correctional Institution; SOUTH MISSISSIPPI CORRECTIONAL INSTITUTION.

Defendants.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. One of the state prisons operated by the Mississippi Department of Corrections ("MDOC") is the South Mississippi Correctional Institution ("SMCI"). That prison permits inmates to receive books through the mail only if the books have been purchased or if the books are religious. Inmates are not permitted to receive free, non-religious books by mail. They cannot receive donated books through the mail such as novels, history books, GED preparation handbooks, or any other secular books. The only way to receive secular books through the mail is if the prisoner, family member, or other sender pays for them. This restriction
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 2 of 8
violates the First and Fourteenth Amendments to the United States Constitution. The Plaintiffs seek declaratory relief and an injunction requiring the MDOC and its Commissioner, as well as SMCI and its warden, to remove this unconstitutional restriction on books for prisoners.
Jurisdiction and Venue 2. This Court has jurisdiction pursuant to ·28 U.S.C. §§ 1331 (federal question) and 1343 (civil rights), and 42 U.S.C. § 1983. Declaratory relief is authorized by 28 U.S.C. §§ 2201 and 2202. Venue is proper under 28 U.S.C. § 1391(b)( 1)-(2).
Parties 3. Plaintiff Big House Books (BHB) ts a 501(c) (3) non-profit organization based in Jackson, Mississippi. BHB is a community-based literacy program working to ensure that inmates in their communities have access to free books, including novels, history books, puzzle books, GED manuals, and educational resources. Inmates write to BHB to request books, sometimes by title and other times by genre. Upon approving the request, BHB then sends a package via United States Postal Service ("USPS") media mail to the inmate, enclosing up to three soft-cover free books per 1nonth, in accordance with MDOC's policy regarding mailing. For several years, BHB has been recognized by MDOC as a book distributor that is allowed to send requested free books to inmates at MDOC
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 3 of 8
pnsons. Previously, it was allowed to d? so at all of the MDOC prisons. It is still allowed to do so at most of them. But not at SMCI.
4. Plaintiff Charles Owens.i.s a.n inmate at the SMCI. 5. Plaintiff Jess Green is an inmate at the SMCI. 6. Defendant Pelicia Hall is the Commissioner of Corrections for the MDOC. She is responsible for operatin~ the Department and its prisons and insuring that they comply with the Copstitution. This responsibility includes what the :NIDOC designates as its three "state prisons," one of which is SMCI. Commissioner Hall has permitted and sanctioned the unconstitutional restriction that is the subject of this complaint. Further, she has promulgated MDOC policies that have been used to justify the restriction. 7. Defendant MDOC is the agency that operates pnsons within Mississippi, including SMCI, and is responsible for insuring that they comply with the Constitution. The MDOC has permitted and sanctioned the unconstitutional restriction at SMCI that is the subject of this complaint. Furthermore, :rv.IDOC has promulgated policies that have been used to justify the restriction. 8. Defendant Jacquelyn Banks is the Superintendent of SMCI. Subject to direction from the Commissioner of Corrections and the MDOC, she is responsible for operating SMCI and for ensuring that it complies with the
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 4 of 8
Constitution. She has permitted and sanctioned this unconstitutional restriction at SMCI.
9. Defendant SMCI is one of three "state prisons" in Mississippi. Plaintiffs Charles Owens and Jess Green are housed at SMCI. SMCI has permitted and sanctioned the unconstitutional restriction at issue in this case.
Factual Background 10. BHB has been shipping free books to prisoners at all MDOC prisons, including SMCI, since at least January of 2015. Other book distributors had been sending free books to MDOC prisons, including SM~I, for several years prior to 2015. 11. Beginning in 2017, SMCI stopped allowing free, non-religious books to be sent directly to prisoners. SMCI continues to allow paid books of any type, as well as free religious books, to be sent directly to prisoners. 12. BHB first learned of this change in practice when SMCI returned a book that BHB had sent to Plaintiff Charles Owens as undelivered. Mr. Owens received a notice from prison postal inspector L. Taylor about that book on May 1, 2017, stating that, "Big House Books are free books. Free books are not allowed due to policy 31 :01." 13. Mr. Owens immediately filed a complaint about the undelivered book and received a notice from prison postal inspector, L. Taylor, on May 2, 2017
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 5 of 8
stating that "you can no longer get the Big House Books [or] any books that are free unless it is religious materials."
14. On June 7, 2017, Plaintiff Jess Green received a notice from L. Ball of the SMCI Postal Inspection Department stating that a book sent to him was being returned because "free books to prisoners are not allowed" and referring to "policy 31-01-01 # 32."
15. On June 13, 2017, Mr. Owet:ts received a notice from T. Wheeler of the SMCI Postal Inspection Department stating that a book sent to him was being r.eturned because "free books to prisoners are not allowed" and referring to "policy 31-01-01 # 32."
16. Mr. Owens has exhausted the MDOC Administrative Remedy Program ("ARP") regarding the denial of his requested books. His requests for an administrative remedy have been denied. During the course of the process, he was informed by a prison mailroom official that due to the MDOC Standard Operating Procedures, "Incoming publications will be prepaid." Subsequently, Mr. Owens
filed a second series of ARPs but was informed by a prison official that due to his
prior ARP "deal[ing] with this issue," the issue was "closed" and he "cannot re-file the same complaint."
17. Mr. Green has exhausted or attempted .to exhaust the MDOC ARP re.garding the denial of his books. J:Iis requests for an administrative remedy have
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 6 of 8

been denied. During the course of the process, he was informed by a prison

mailroom official that, due to the MJ)OC Standard Operating Procedures,

"Incoming publications will be prepaid." Moreover, as Mr. Owens learned, the

prison staff is now treating the issue ~s "closed" and ARP requests are futile.

18. By letter dated December 11, 2017, BHB (through counsel) sent a

letter to Commissioner Hall regarding SMCI's unconstitutional restriction.

However, neither Commissioner Hall nor MDOC did anything to correct the

problem and remove the restriction.

19. On January 11, 2018, Mr. Owens sent a request to Ms. Clark in the

SMCI mailroom and asked: "Can you tell me if the policy/practice regarding free

books has changed?? Are they now being allowed in or are they still prohibited??"

Ms. Clark responded on January 31, 2018 and stated: "Mr. Owens, free religious

material does not affect your 'book count.' To the best of my knowledge, no sir,

··~

there have been no changes."

20. Mr. Owens and Mr. Green have both been allowed to receive books

that were paid for, and other prisoners have as well.

21. Prisoners at SMCI are being allowed to rece1ve religious books

directly, even if they are free.

22. The restriction that prohibits BHB from sending free, non-religious

books to prisoners, and prohibit prisoners such as Mr. Owens and Mr. Green from

6

Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 7 of 8
receiving them, is not rationally related to any legitimate penological interest or other security interest. The restriction discriminates against inmates like Mr. Owens and Mr. Green who sometimes wish to read donated, non-religious books. The restriction discriminates on the basis of religious content and limits prisoners' access to donated, non-religious books without any justification.
Violation 23. The restriction that prohibits BHB from sending free, non-religious books to prisoners, and prohibits prisoners such as Mr. Owens and Mr. Green from receiving them, violates the First and Fourteenth Amendments to the United States Constitution. 24. The Court should declare that this restriction violates the First and Fourteenth Amendments to the United States Constitution. 25. The Court should issue an injunction requiring the Defendants and their officers, employees, and agents, and all acting in concert with them, to remove this unconstitutional restriction and reinstate BHB's ability to send personal packages to prisoners containing their requested, free, non-secular reading material. 26. The Court should grant the Plaintiffs their costs, expenses, attorneys' fees, and such other relief to which they may be entitled.
. . l·
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Case 3:18-cv-00259-DPJ-FKB Document 1 Filed 04/26/18 Page 8 of 8
Respectfully submitted,
~(/Lr- --
ROBERT B. MCDUFF, MSB# 2532 767 North Congress Street Jackson, MS 39202 (601) 969-0802 rbm@mcd ufflaw .com BETH L. ORLANSKY, MSB# 3938 MISSISSIPPI CENTER FOR JUSTICE P.O. Box.1023 Jackson, MS 39205-1023 (601) 352-2269 borlansky@mscenterforj ustice.org
•· :
8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

BIG HOUSE BOOKS, CHARLES OWENS, and JESS GREEN,

Plaintiffs

v.

Civil Action No. 3:18cv259 DPJ-FKB

PELICIA HALL, Commissioner of the Mississippi Department of Corrections; MISSISSIPPI DEPARTMENT OF CORRECTIONS; JACQUELYN BANKS, Superintendent of the South Mississippi Correctional Institution; SOUTH MISSISSIPPI CORRECTIONAL INSTITUTION.

Defendants.

RESPONSE TO ORDER TO SHOW CAUSE In response to this Court’s December 3, 2019 order to show cause why the case should not be dismissed for failure to prosecute, the Plaintiffs submit the following: Soon after this case was filed in April, 2018, counsel for the parties met and reached an agreement in subsequent weeks that led to a clarification of policy and a change in practice that eliminated the conditions that were the subject of this lawsuit. Specifically, the Defendants stopped their practice of allowing prisoners at the South Mississippi Correctional Institute (SMCI) to receive free books in the mail only if
1

those books were religious. The Mississippi Department of Corrections clarified its policy during the summer of 2018 to make it clear that free books from recognized distributors (including Plaintiff Big House Books) could be sent to and received by prisoners whether they were religious or secular. In the ensuing months, the Plaintiffs monitored shipments to prisoners from Big House Books and other distributors to insure that the practice had changed and that the new policy was implemented.
Because of the prompt and ongoing progress that was made in resolving this matter, the Defendants never filed an answer and the Plaintiffs never sought a default judgment. After a few months of monitoring, and after the parties negotiated and agreed that the Plaintiffs’ counsel would be paid a small amount of attorneys’ fees ($6,000.00) for their work, the parties today filed a joint stipulation of dismissal pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii).
The undersigned counsel apologizes to the Court for not arranging this stipulation of dismissal sooner and for requiring the Court to issue a show cause order.
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December 19, 2018

Respectfully submitted,
Robert B. McDuff ROBERT B. MCDUFF, MSB# 2532 767 North Congress Street Jackson, MS 39202 (601) 969-0802 rbm@mcdufflaw.com
BETH L. ORLANSKY, MSB# 3938 MISSISSIPPI CENTER FOR JUSTICE P.O. Box 1023 Jackson, MS 39205-1023 (601) 352-2269 borlansky@mscenterforjustice.org
Counsel for Plaintiffs

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CERTIFICATE OF SERVICE I certify that I have filed the foregoing using the ECF system which caused the document to be served electronically on all counsel of record. This 19th day of December, 2014.
s/ Robert B. McDuff Co-Counsel for Plaintiffs
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