Noelle Hanrahan v. Gary Mohr
Noelle Hanrahan v. Gary Mohr
Opinion
This case concerns the Ohio Department of Rehabilitation and Correction's restrictions on in-person media interviews with certain prisoners. The plaintiffs in this case are prisoners who participated in the 1993 Lucasville prison riot and journalists who unsuccessfully sought in-person, recorded interviews with these prisoners. They brought suit under
I.
In April 1993, a major prison riot took place at the Southern Ohio Correctional Facility in Lucasville, Ohio-now known as the Lucasville prison riot. The riot began when prisoners overpowered a prison guard and took his keys, allowing the prisoners to then overpower the remaining guards in that section of the prison. The rioting prisoners ultimately took a dozen guards hostage and gained complete control of the prison's L-block. The riot went on for eleven days, and during those eleven days, one guard and nine prisoners were murdered, and many more were injured. In addition to the human losses, *952 tens of millions of dollars' worth of damage was done to the prison facility.
Plaintiffs Siddique Abdullah Hasan, Gregory Curry, Keith LaMar, Jason Robb, and George Skatzes ("Prisoner Plaintiffs") are prisoners who participated in the Lucasville riot. Hasan, LaMar, Robb, and Skatzes were sentenced to death for their involvement in the riot, and Curry was sentenced to life in prison. Hasan, Curry, LaMar, and Robb are incarcerated in the Ohio State Penitentiary and are classified as restricted population inmates, a classification that is reserved for prisoners who "pose a direct threat to the safety of persons, including themselves, or an elevated, clear[,] and ongoing threat to the safe and secure operations of the facility." 1 DE 42-2, 2017 Restrictive Housing Procedures, Page ID 1014. Skatzes is classified as a general population inmate and is incarcerated at the Chillicothe Correctional Institution.
Since the Lucasville riot, journalists have sought interviews with its leaders, including with the Prisoner Plaintiffs. Plaintiffs Noelle Hanrahan, Christopher Hedges, Derrick Jones, and James Ridgeway ("Media Plaintiffs") are professional journalists who sought in-person, recorded interviews with the Prisoner Plaintiffs in the lead-up to the twentieth anniversary of the Lucasville prison riot. Their interview requests were all denied.
On December 9, 2013, the Prisoner Plaintiffs and Media Plaintiffs filed suit under
The defendants filed a motion for summary judgment, which the district court granted in part and denied in part. The district court concluded that the interview denials as to the restricted population inmates were permissible because ODRC had a written media policy "prohibit[ing] all prisoners classified as part of the restricted population from participating in face-to-face or video recorded interviews," meaning that the restricted population Prisoner Plaintiffs were categorically ineligible for the type of interviews that had been requested. DE 37, Summ. J. Order, Page ID 894. And because the restricted population inmates had adequate alternative channels of communication with the media available, such as sending letters and making direct phone calls, the district court determined that the defendants were entitled to summary judgment on Hasan's, LaMar's, Robb's, and Curry's claims. The district court, however, denied summary judgment for the defendants on Skatzes's claim, as ODRC had no similar categorical restriction on interviews with general population inmates, and the defendants acknowledged that Skatzes was prohibited from such interviews due to his involvement with the Lucasville riots. The court therefore concluded that there was a genuine issue of material fact regarding whether the interview denials as to Skatzes were unlawful.
After the district court's summary judgment order, ODRC modified its media policies to delete certain language that previously authorized ODRC to inquire into the nature of the interview and to consider the impact of an interview on victims when determining whether to approve a media interview request with a non-restricted prisoner. In August 2017, ODRC also granted all outstanding requests of the Media Plaintiffs to interview Prisoner Plaintiff Skatzes. On August 22, 2017, the defendants filed a motion to dismiss the plaintiffs' remaining claims as moot. The district court granted the motion to dismiss, concluding that the defendants' voluntary cessation of allegedly illegal conduct by modifying the media policies and granting the Skatzes interview requests mooted the only remaining claims in the case and that it had "no reason to doubt the genuineness of their revocation of the allegedly wrongful policies." DE 67, Mot. Dismiss Order, Page ID 1285. Plaintiffs then filed this appeal.
On appeal, the plaintiffs argue that the district court erred in granting summary judgment for the defendants on the restricted population inmates' claims and that the district court erred in dismissing the Media Plaintiffs' and Skatzes's claims as moot. We address each claim in turn.
II.
A.
We review a district court's grant of summary judgment
de novo
.
Gillis v. Miller
,
B.
Several principles "necessarily frame our analysis of prisoners' constitutional claims."
Turner v. Safley
,
Second, given the "complex and intractable" problems of prison administration, we recognize that federal courts are "ill equipped to deal with the increasingly urgent problems of prison administration and reform."
Martinez
,
We consider four factors-the
Turner
factors-to determine whether a prison regulation is reasonably related to legitimate penological interests and therefore constitutional.
Id
. at 229-30,
1.
"The first
Turner
factor is multifold" and requires that "the governmental objective underlying the regulations at
*955
issue is [1] legitimate and [2] neutral, and that [3] the regulations are rationally related to that objective."
Thornburgh v. Abbott
,
First, ODRC maintains two media policies. Policy 01-COM-09 is the general media policy that applies to prisoners who are not on death row, including Prisoner Plaintiff Curry. Policy 01-COM-13 applies to prisoners who are on death row and distinguishes between death row prisoners who have a scheduled execution date and those who do not. This policy applies to Prisoner Plaintiffs Hasan, LaMar, Robb, and Skatzes, who are all under a sentence of death, but who do not have scheduled execution dates. At the time of the events underlying this suit, both policies provided that "population status" would be reviewed when "considering the inmate for eligibility" for a media interview or interaction.
See
DE 32-2, 2012 Media Policy, Page ID 386; DE 32-2, 2010 Death Row Media Policy, Page ID 356. The media policies-both those in effect when the plaintiffs filed their complaint and the updated policies in effect now-prohibit face-to-face media interviews with restricted-population inmates, maintaining that only general population inmates are eligible for in-person media interviews. The restricted population inmates do not contest that their classification brings them under this umbrella, and appellants' brief points to no restricted population inmates that were granted interviews. Thus, the prohibition on face-to-face media interviews with restricted population inmates applied uniformly and, contrary to plaintiffs' assertion, did not depend on the anticipated content of any interview.
See
Pell v. Procunier
,
Second, and more fundamentally, even were these interview denials based on the interview's anticipated content, they could still be constitutional.
See
Thornburgh
,
In
Thornburgh
, the Supreme Court made clear that "the Court's reference to 'neutrality' in
Turner
was intended to go no further than its requirement in
Martinez
that 'the regulation or practice in question must further an important or substantial governmental interest unrelated to the suppression of expression.' "
*956
Assuming that, as alleged, the defendants have a "
de facto
ban" on all face-to-face media interviews with participants in the Lucasville riot in order to prevent discussion of the Lucasville riot by the people involved in it, such a policy could still be valid under
Turner
and
Thornburgh
. Although this policy could be articulated as a ban on specific content-media interviews with leaders of Lucasville about Lucasville-its purpose "further[s] an important or substantial governmental interest unrelated to the suppression of expression": prison security.
See
Thornburgh
,
[T]he Court upheld content distinctions in Jones [ v. North Carolina Prisoners' Labor Union, Inc. ,433 U.S. 119 ,97 S.Ct. 2532 ,53 L.Ed.2d 629 (1977) ], where internal distribution of a prisoners' union's materials was prohibited while distribution of materials from the Jaycees and Alcoholics Anonymous was permitted. It upheld these distinctions against an equal protection challenge because the distinctions had a rational basis in the legitimate penological interests of the prisons: in contrast with the prisoners' union, the Jaycees and Alcoholics Anonymous "were seen as serving a rehabilitative purpose, working in harmony with the goals and desires of the prison administrators, and both had been determined not to pose any threat to the order or security of the institution."
Thornburgh
,
Therefore, contrary to appellants' contention, content-neutrality is not required in a prison regulation. In
Thompson v. Campbell
,
Indeed, it would make little sense to state that any content-based restriction is automatically invalid, as it could incentivize prisons to adopt over-inclusive policies in search of a content-neutral baseline. As the Court observed in
Thornburgh
, "greater consistency might be attainable only at the cost of a more broadly restrictive rule," which "might itself run afoul of the second
Turner
factor,
i.e.
, the presence or absence of 'alternative means of exercising the right' in question."
Thornburgh
,
"[C]entral to all other corrections goals is the institutional consideration of internal security within the corrections facilities themselves."
Pell
,
In both
Pell
and
Saxbe v. Washington Post
, the Supreme Court recognized that interviews with the press can make celebrities of some inmates.
See
Saxbe v. Washington Post Co.
,
Thus, although the Lucasville riot occurred 25 years ago, it is reasonable for ODRC to fear that the leaders of the Lucasville riot, who already have and will continue to have "a disproportionate degree of notoriety and influence among their fellow inmates,"
Pell
, 417 U.S. at 831,
"As for a 'rational connection' between the policy and these interests, the issue is not whether the prohibited materials have in fact caused problems or are even 'likely' to cause problems, but whether a reasonable official might think that the policy advances these interests."
Thompson
,
*959 2.
Turning to the remaining Turner factors, we are persuaded that, on balance, they support the constitutionality of ODRC's policies here.
Alternative means of exercising the right remain available to prisoners here. As the district court recognized, "[r]estricted population inmates are permitted to send out letters and make direct phone calls[, and] Prisoner Plaintiffs have been permitted to utilize these channels of communication." DE 37, Summ. J. Order, Page ID 894. Indeed, in 2016, Hasan was able to call into the nationally broadcast National Public Radio show "On Point" to discuss a national prison strike.
See The National Prison Strike (According To Prisoners)
, NPR/WBUR (Sept. 28, 2016), http://www.wbur.org/onpoint/2016/09/28/prisoners-inside-prison-strike ("Siddique Abdullah Hasan ... called us from inside the Ohio State Penitentiary ... and shared [his] views on the action with host Tom Ashbrook and our listeners."); DE 32-6, Def. Expert Rep., Page ID 465-66 (citing this). Appellants contend that in-person interviews are an "essential part" of journalism with "no ready substitute." CA6 R. 15, Appellant Br., at 34. But the Supreme Court has instructed that " 'the right' in question must be viewed sensibly and expansively,"
Thornburgh
,
The final two factors, the impact of accommodation of the right and the availability of ready alternatives, support the restrictions' constitutionality whether we review the restriction as based on prisoners' restricted population status or as based on the discussion of Lucasville.
Turner
,
The plaintiffs claim that, even so, instead of banning in-person media interviews, to mitigate these concerns, the defendants could simply enforce existing policies that "interdict contraband and material that would disrupt order and security" from coming into the prisons, meaning any in-person media interviews about the riot would not be seen within the prison walls. CA6 R. 15, Appellant Br., at 37. In addition to taking an idealistic view of prisons' ability to control the
*960
flow of incoming contraband, this would do nothing to quell ODRC's articulated concerns regarding Prisoner Plaintiffs' notoriety
within
the prison. In
Pell
, the Supreme Court recognized the California prison system's legitimate concern with "press attention being concentrated on a relatively small number of inmates who, as a result, became virtual 'public figures' within the prison society and gained a disproportionate degree of notoriety and influence among their fellow inmates" and who "[b]ecause of this notoriety and influence ... often became the source of severe disciplinary problems."
Pell
, 417 U.S. at 831-32,
Therefore, applying the
Turner
factors, the challenged restrictions are constitutional, as they are reasonably related to legitimate penological interests.
Turner
,
III.
We next address the district court's dismissal of Skatzes's and the Media Plaintiffs' claims for mootness. "We review de novo a district court's decision regarding mootness."
Cleveland Branch, N.A.A.C.P. v. City of Parma
,
"The case or controversy requirement in Article III of the Constitution determines the power of the federal courts to entertain a suit."
Appalachian Reg'l Healthcare, Inc. v. Coventry Health & Life Ins. Co.
,
Here, the district court concluded that the remaining plaintiffs' requests for declaratory and injunctive relief were moot because ODRC had granted the Media Plaintiffs' requests for face-to-face interviews with Prisoner Plaintiff Skatzes and because the updated ODRC media policy eliminated from consideration the "nature of the interview" and the impact on victims in deciding whether to grant interviews with general population inmates. See DE 67, Mot. Dismiss Order, Page ID 1285-86. The district court rejected plaintiffs' voluntary cessation argument, concluding that the defendants gave the court "no reason to doubt the genuineness of their revocation of the allegedly wrongful policies." DE 67, Mot. Dismiss Order, Page ID 1285.
On appeal, plaintiffs again argue that defendants' voluntary cessation of the alleged unconstitutional practice by amending ODRC policies does not moot the case because the "policy changes were recent, made on the authority of a single official, easily rescind[able], [and] significantly altered long established practices." CA6 R.
*961 15, Appellant Br., at 39. In addition, they allege that there remained a live controversy between the parties because, even with these changes, ODRC's media policies still allow defendants "unfettered discretion" to deny interview requests. Id. at 42-43. We conclude that the district court correctly dismissed these claims as moot. 6
A.
Normally "a defendant's voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice."
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
,
On July 13, 2017, ODRC voluntarily modified both of its media policies to delete "victims issues that would present a concern" and "the nature of the interview" from the list of issues that would be considered when reviewing an inmate's eligibility for a media interview or interaction. DE 55-2, 2017 Death Row Media Policy, Page ID 1195, 1199; DE 55-3, 2017 Media Policy, Page ID 1205, 1210. Additionally, on August 14, 2017, Smith emailed Hanrahan to let her know that "[i]n accordance with ODRC's revised media policies which have been under consideration since 2013, and became effective July 13, 2017, [O]DRC approve[d] [her] request for an interview with inmate George Skatzes." DE 55-1, Smith Declaration, Page ID 1194 (Ex. A). Smith also made a declaration to the court, filed with defendants' motion to dismiss, that to the extent "any other of the Plaintiffs made similar requests [to interview Skatzes], those requests to interview George Skatzes [were] approved [as of] August 21, 2017." Id . at 1192. In light of these changes, ODRC media policies no longer endorse consideration of the "anticipated content of the interviews" in granting or denying interviews with general population prisoners, and Skatzes-the remaining Prisoner Plaintiff and a Lucasville riot participant-is able to conduct in-person media interviews. See DE 1, Compl., Page ID 2. This is the precise conduct challenged in the complaint.
Plaintiffs acknowledge that the policy changes "ostensibly solved the problem of content-based animus, by cabining the decision-making power of the Defendants," CA6 R. 15, Appellant Br., at 42, but contend that the defendants have not shown that these policies, which were "changed just weeks before trial filings were due," are going to stay,
id.
at 65. Given the solicitude granted government officials, we disagree. The new policies were formally promulgated and approved by the ODRC director after a lengthy internal process. And there is no indication that ODRC will return to its previous policies, and the defendants have represented that the new policies will remain in place. Thus, we conclude
*962
that the "self-correction" "appears genuine."
Bench Billboard Co.
,
B.
Still, the plaintiffs maintain that, regardless of the policy modifications, there remains a live controversy between the parties because the ODRC still has "continued and unfettered discretionary power to deny interviews" under the new policies, and the relief requested included a "declaration that Defendants had unreasonably limited media access to inmates, and an injunction prohibiting them from denying such access in the future." DE 15, Appellant Br., at 42-43. We disagree.
The plaintiffs' argument that the defendants have unfettered discretion to deny any interview request rests on language in the new policies that provides that "The Director/designee shall have discretion to grant or deny any interview request." DE 55-2, 2017 Death Row Media Policy, Page ID 1198; DE 55-3, 2017 Media Policy, Page ID 1207. While it is true that the changes to the media policies did not impact the baseline ability of the prison personnel to control media access, it is hard to say that granting injunctive or declaratory relief as to Skatzes would "make a difference to the legal interests of the parties" in light the actions the defendants have taken.
McPherson
,
Moreover, we have previously found cases seeking declaratory and injunctive relief moot after prisons have changed policies that were challenged in litigation.
See, e.g.
,
Yaacov v. Collins
, Case No. 09-4148 (6th Cir. Dec. 1, 2010) (concluding that an inmate's claims for declarative and injunctive relief were moot because the prison changed its policy);
Demis v. Sniezek
,
As to the plaintiffs' requested declaratory relief, to the extent the plaintiffs seek "a judicial articulation of rights in this case," DE 60, Plaintiffs' Resp., Opp. Mot. Dismiss, Page ID 1231, the Supreme Court has admonished that the courts "are not in the business of pronouncing that past actions which have no demonstrable continuing effect were right or wrong."
Spencer v. Kemna
,
As to the plaintiffs' requested injunctive relief, "[i]f an intervening circumstance deprives the plaintiff of a 'personal stake in the outcome of the lawsuit,' at any point during litigation, the action can no longer proceed and must be dismissed as moot."
Genesis Healthcare Corp. v. Symczyk
,
Other than declaratory and injunctive relief, the plaintiffs sought attorney's fees, but a request for attorney's fees is not enough to save a case from being dismissed as moot.
Demis
,
IV.
For the reasons stated, we affirm the district court.
All Ohio inmates are assigned a security classification. At the time the suit was filed, prisoners were assigned security classifications between level 1 and level 5, with 1 being the lowest security risk and 5 being the highest. Inmates with a level 4 or 5 classification were considered restricted population inmates. Inmates with a level 1 through 3 classification were considered general population inmates. Inmates on death row could be general population or restricted population inmates depending on their security level. Under this system, Hasan, Curry, LaMar, and Robb were classified as security level-5 inmates.
Since the filing of the suit, and as of February 5, 2017, the Ohio Department of Rehabilitation and Correction has updated its inmate security classification policies and definitions. Under the new policies, inmates with a security classification 1 through 4 are now considered general population inmates. Restricted population inmates-formerly level 5 inmates-are now divided into Restrictive Housing and Extended Restrictive Housing. Extended Restrictive Housing has additional sub-levels (ERH1, ERH2, and ERH3). This change in terminology does not affect Prisoner Plaintiffs' restricted population status, and under the new system, Hasan, Robb, LaMar, and Curry are classified as ERH prisoners. ERH status "is reserved for those whose violent, disruptive, predatory, riotous[,] or other serious misbehavior poses a serious threat to other inmates, staff, the orderly operation of the institution, or the general public." DE 42-1, 2017 ERH Procedures, Page ID 997.
The plaintiffs' complaint also alleged that the prison's policies denying media requests to interview prisoners involved in Lucasville had no rational basis, in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and impacted the right of the public to have access to information, in violation of the First and Fourteenth Amendments. They have not raised these claims on appeal, and we therefore do not consider them here.
See
Youghiogheny & Ohio Coal Co. v. Milliken
,
Although the Court in
Thornburgh
quotes
Turner
's language that "[w]e have found it important to inquire whether prison regulations restricting inmates' First Amendment rights operated in a neutral fashion, without regard to the content of the expression,"
Thornburgh
,
In contrast, the censorship in
Martinez
of prisoner mail "that 'unduly complain[s]' or 'magnif[ies] grievances,' express[es] 'inflammatory political, racial, religious or other views,' or [is] 'defamatory' or 'otherwise inappropriate' " was "not 'neutral' in the relevant sense" because it "had not been found 'unrelated to the suppression of expression.' "
Thornburgh
,
We note that there is no evidence that the prison rule was adopted for the purpose of concealing mistreatment of prisoners or misconduct by prison officials, rather than for ODRC's stated purpose of prison security.
Because we affirm the district court's dismissal on mootness grounds, we do not consider the merits of plaintiffs' claims that interview denials as to Skatzes, a general population inmate, were required to be content-neutral; however, our earlier analysis as to the restricted inmates' claims would express skepticism toward such a conclusion.
Reference
- Full Case Name
- Noelle HANRAHAN; Christopher Hedges ; Derrick Jones; James Ridgeway; Siddique Abdullah Hasan; Gregory Curry ; Keith LaMar ; Jason Robb ; George W. Skatzes, Plaintiffs-Appellants, v. Gary C. MOHR; Joellen Smith, Defendants-Appellees.
- Cited By
- 47 cases
- Status
- Published