Opinion

Molina v. Kauffman

Court
District Court, M.D. Pennsylvania
Filed
Apr 14, 2022
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

MIGUEL MOLINA, et al.,

Plaintiffs, CIVIL ACTION NO. 4:21-CV-00038

v. (BRANN, J.)

(MEHALCHICK, M.J.)

K. KAUFFMAN, et al.,

Defendants.

MEMORANDUM

Before the Court are three motions to compel proper service of legal documents filed

by Plaintiffs Miguel Molina, Angel Irizarry, and Alexis Maldanado. (Doc. 147; Doc. 159;

Doc. 165). On January 8, 2021, pro se-prisoner Plaintiffs Vann L. Bailey, Jason Cisne,1 Angel

Irizarry, Alexis Maldanado, and Miguel Molina (collectively, the “Plaintiffs”) initiated this

civil rights action by filing a complaint against Defendants Kevin Kauffman, Superintendent

of SCI-Huntingdon; Jill Spyker, Deputy Superintendent for Decentralized Services at SCI-

Huntingdon; Scott Walters, former Deputy Superintendent for Centralized Services at SCI-

Huntingdon; G. Ralston, Unit Manager of certain housing units (B and C Blocks) at SCI-

Huntingdon; John E. Wetzel, Secretary of Corrections of the Commonwealth of

Pennsylvania; Tabb Bickell, Executive Deputy Secretary for Institutional Operations for the

Department of Corrections (“DOC”); and Erin Brown, Director of the Office of Population

1 On February 16, 2022, Plaintiff Cisne filed a stipulation of voluntary dismissal with

prejudice, informing the Court that matters between Defendants and Cisne have been

adjusted, compromised, and settled. (Doc. 169). On February 24, 2022, the Court dismissed

Cisne’s action with prejudice as to Defendants. (Doc. 177). Therefore, Defendants’ motion to

dismiss Cisne’s third amended complaint (Doc. 113), Cisne’s motion for preliminary

injunction (Doc. 124), and Cisne’s motion for justice and fairness (Doc. 155) are STRUCK

AS MOOT.

Management (“OPM”) of the DOC (collectively, the “Defendants”). (Doc. 1). Plaintiffs seek

the implementation of various measures to prevent the spread of COVID-19 and to address

the movement and housing of inmates, the infrastructure of SCI-Huntingdon, and the sanitary

conditions of the facility. (Doc. 101; Doc. 104; Doc. 106; Doc. 108).

For the reasons stated herein, Plaintiffs’ motions will be DENIED (Doc. 147; Doc.

159; Doc. 165).

I. BACKGROUND AND PROCEDURAL HISTORY

On December 30, 2020, Plaintiffs, as representative members of a proposed class of

inmates incarcerated at the State Correctional Institution at Huntingdon (“SCI-Huntington”),

initiated this pro se civil rights action pursuant to 42 U.S.C. § 1983 against Defendants for

constitutional violations caused by the deterioration of the SCI-Huntingdon facility and by

employee misconduct. (Doc. 1). Plaintiffs, through counsel, filed an amended complaint on

March 21, 2021, and a motion to certify the class and appoint class counsel on March 29,

2021. (Doc. 35; Doc. 43; Doc. 44). On September 28, 2021, the District Court adopted the

undersigned’s report and recommendation to deny Plaintiffs’ motion for class certification

and appointment of class counsel. (Doc. 67; Doc. 84). On October 1, 2021, the undersigned

granted counsel for Plaintiffs’ unopposed motion to withdraw as counsel. (Doc. 86; Doc. 88).

On October 19, 2021, the undersigned granted Plaintiffs leave to file individual

amended complaints. (Doc. 91; Doc. 100). Plaintiffs filed third amended complaints on the

following dates: Irizarry filed his complaint on November 12, 2021 (Doc. 101); Maldanado

filed his complaint on November 16, 2021 (Doc. 104); Bailey filed his complaint on

November 16, 2021 (Doc. 106); and Molina filed his complaint on November 22, 2021 (Doc.

108). Defendants filed the motion to dismiss Irizarry’s complaint on November 23, 2021

(Doc. 111); the motion to dismiss Maldanado’s complaint on November 29, 2021 (Doc. 115);

the motion to dismiss Bailey’s complaint on November 30, 2021 (Doc. 118); and the motion

to dismiss Molina’s complaint on December 2, 2021 (Doc. 120). On November 29, 2021,

Maldanado filed his motion for preliminary injunction. (Doc. 117). On December 3, 2021,

Molina filed his motion for preliminary injunction. (Doc. 122). On December 6, 2021, Irizarry

filed his motion for preliminary injunction. (Doc. 125).

On January 18, 2022, Molina filed the “motion for justice and fairness,” requesting

the Court to direct Defendants to serve legal documents directly to SCI-Huntingdon. (Doc.

147). On January 28, 2022, Bailey filed his motion for preliminary injunction. (Doc. 153).

Irizarry and Maldanado filed motions to compel proper service, requesting that the Court

direct Defendants serve legal documents directly to SCI-Huntingdon, on February 2, 2022,

and February 8, 2022, respectively. (Doc. 159; Doc. 165).

The motions to compel service of legal documents are fully briefed and ripe for

disposition.

II. DISCUSSION

In the individual motions, Plaintiffs Molina, Irizarry, and Maldanado seek to compel

Defendants to serve all correspondence intended for Plaintiffs directly to SCI-Huntingdon.

(Doc. 148, at 1; Doc. 160, at 1; Doc. 166, at 1). Plaintiffs argue that counsel for Defendants

improperly mail legal documents to Smart Communications, located in St. Petersburg,

Florida, “knowing” that this process is “extremely” prejudicial to Plaintiffs, hinders Plaintiffs

from replying in a timely manner, and violates Federal Rule of Civil Procedure 5. (Doc. 148,

at 1; Doc. 160, at 1-2; Doc. 166, at 1-2). In response, Defendants assert that communications

between counsel for Defendants and Plaintiffs do not constitute privileged, “legal mail” as

defined by DOC policy DC-ADM 803, Inmate Mail and Incoming Publications ( “2020 DC-

ADM 803”), so any correspondence between the parties, including service of filings, must be

sent through DOC’s mail processing facility, Smart Communications. (Doc. 157, at 3; Doc.

161, at 3; Doc. 170, at 3). The Court takes judicial notice of DOC policy 2020 DC-ADM 803

as a matter of public record. Leonhauser v. Long, No. 11-241, 2012 WL 398642, at *3 n.2 (M.D.

Pa. Jan. 4, 2012) (taking judicial notice of DOC policy).

2020 DC-ADM 803, effective August 10, 2020, divides incoming inmate mail into two

categories: “privileged” and “non-privileged.” Turner v. Wetzel, No. 4:18-CV-00361, 2021 WL

5225638, at *5 n.2 (M.D. Pa. Aug. 30, 2021); see

https://www.cor.pa.gov/About%20Us/Documents/DOC%20Policies/803%20Inmate%20

Mail%20and%20Incoming%20Publications.pdf (last accessed Apr. 14, 2022). Incoming

privileged correspondence is defined as: (1) mail from an inmate's attorney that was hand-

delivered to a facility or identified with a control number, (2) mail from a court, and (3) mail

from an elected or appointed federal, state, or local official who had sought and obtained a

control number. The policy explicitly notes that “[n]ot all correspondence between an inmate

and elected or appointed federal, state, or local official will require privileged correspondence

processing. Control numbers will only be issued when the underlying matter involves matters

related to a confidential investigation process or similar concerns.” Privileged mail is sent to

the prison where the inmate is housed, entered into a log, opened and inspected by the facility

Security Officer for contraband in the presence of the inmate to whom it is addressed, and

delivered to the inmate if no contraband or policy violations are discovered. However, all

non-privileged mail must be sent to Smart Communications, which is an outside service

located in St. Petersburg, Florida, which scans the mail and sends it electronically to staff at

the inmate’s facility. The scanned copies are then electronically submitted to the appropriate

facility, where they are printed and delivered to inmates.

According to DOC policy 2020 DC-ADM 803, correspondence between counsel for

Defendants and Plaintiffs is not privileged. See supra. The correspondence, including service

of filings, does not satisfy the policy’s definition for “privileged” material because it is not: (1)

mail from Plaintiffs’ attorney that was hand-delivered to a facility or identified with a control

number; (2) mail from a court; or (3) mail from an elected or appointed federal, state, or local

official who had sought and obtained a control number. Further, Plaintiffs do not have an

attorney-client relationship with counsel for Defendants in this matter. Therefore,

communications between counsel for Defendants and Plaintiffs, including service of filings,

fall within the category of “non-privileged correspondence.” 2020 DC-ADM 803 mandates

that such non-privileged correspondence must be addressed and sent to DOC’s mail

processing facility, Smart Communications, where the mail is opened, scanned, and

electronically transmitted to prison facility staff. Therefore, counsel for Defendants has not

violated 2020 DC-ADM 803.

Plaintiff Molina submits that Defendants’ mailing practices violate the Court’s Order,

dated October 1, 2021, which directed Defendants to “serve papers to each of the plaintiffs

individually, by mail, with proper identification codes as assigned by the Pennsylvania

[DOC], to SCI-Huntingdon, 110 Pike Street, Huntingdon, PA 16654.” (Doc. 88, at 1; Doc.

148, at 2). In response, Defendants state that they have complied with the October 1, 2021,

Order, explaining that “counsel have reasonably interpreted the order to indicate that all

filings must be served upon the individual Plaintiffs, as they are no longer represented by

counsel – not that the filings must be sent directly to the institution.” (Doc. 157, at 4).

Defendants also argue that, based upon a review of the public docket, Plaintiffs have not

missed any filing deadlines or have otherwise been prejudiced by the alleged delay in the

receipt of mail from Defendants. (Doc. 161, at 3-4; Doc. 170, at 3-4).

It appears that Plaintiff Molina is arguing that the October 1, 2021, Order directed

counsel for Defendants to obtain a control number, which would make any correspondence

between counsel for Defendants and Plaintiffs privileged, “legal mail” under 2020 DC-ADM

803. (Doc. 148, at 2). 2020 DC-ADM 803 defines a “control number” as “[a] number obtained

through the [DOC]’s Office of Chief Counsel authorizing an attorney or court to use the

[DOC]’s system designed to ensure facility security as well as essential, confidential attorney-

client communications.” See supra. In the October 1, 2021, Order, the Court granted a motion

for leave to withdraw appearance filed by previous counsel for Plaintiffs. (Doc. 86; Doc. 88).

Consequently, Plaintiffs were no longer represented by legal counsel, so the Court directed

Defendants to serve papers to Plaintiffs individually by mail that included proper

identification codes for each Plaintiff as assigned by DOC. (Doc. 88). Contrary to Plaintiff

Molina’s argument, the Court’s mention of “identification codes” is in reference to Plaintiffs’

individual inmate numbers, which are assigned by DOC upon entry into the Federal Bureau

of Prisons. (Doc. 88, at 1). As discussed previously, correspondence between counsel for

Defendants and Plaintiffs is not privileged mail and must be sent to DOC’s mail processing

facility, Smart Communication. 2020 DC-ADM 803 mandates that all non-privileged inmate

correspondence must be addressed as follows:

Smart Communications/PA DOC

Inmate Name/Inmate Number

Institution Name

P.O. Box 33028

St. Petersburg, FL 33733

See supra.

Here, counsel for Defendants has addressed each Plaintiff individually by their name and

inmate number when sending correspondence to Smart Communications in accordance with

2020 DC-ADM 803. Therefore, Defendants have not violated the October 1, 2021, Order.

Accordingly, Plaintiffs’ motions to compel service of filings directly to SCI-

Huntingdon are DENIED. (Doc. 147; Doc. 159; Doc. 165).

III. CONCLUSION

Based on the foregoing, Plaintiffs’ motions to compel proper service (Doc. 147; Doc.

159; Doc. 165) are DENIED.

An appropriate Order follows.

BY THE COURT:

s/ Karoline Mehalchick

Dated: April 14, 2022

KAROLINE MEHALCHICK

Chief United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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