Petition for Writ of Certiorari — John L. Williams, Petitioner v. Jackson County, Missouri

Supreme Court briefAug 9, 2019

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No.

Supreme Court, U.S.

FILED

IN THE

AUG 0 9 2019

SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK

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— PETITIONER

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— RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TO

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(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

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OCT 23 2019

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QUESTION(S) PRESENTED

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TABLE OF CONTENTS

1

OPINIONS BELOW---- ^------ . ........................

JURISDICTION...—......

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

STATEMENT OF THE CASE.......................

REASONS FOR GRANTING THE WRIT..........

CONCLUSION— .................. ..............~

INDEX TO APPENDICES

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APPENDIXB Ffc.tf.s4 V, SYrflitfGW/ 1^7 F*

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APPENDIX C PK.'So*

APPENDIX D

APPENDIX E

APPENDIX F

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TABLE OF AUTHORITIES CITED

CASES

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STATUTES AND RULES

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IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

[ ] For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix

the petition and is

to

fto. l"7-/74

[ ] reported at

I or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the United States district court appears at Appendix

the petition and is

to

U\ 13BcuS

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

[ ] For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix ______to the petition and is

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the_

appears at Appendix

court

to the petition and is

[ ] reported at

I or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

1.

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JURISDICTION

[ ] For cases from federal courts:

The date on which the United States Court of Appeals decided my case

was

y!<4i

[✓T^No petition for rehearing was timely filed in my case.

[ ] A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: J___________

, and a copy of the

order denying rehearing appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including U?Q

<\f{

nn/W /W» lo/ty//<f (date)

in Application No. __ A_______ *

The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).

[ ] For cases from state courts:

The date on which the highest state court decided my case was

A copy of that decision appears at Appendix_______

[ ] A timely petition for rehearing was thereafter denied on the following date:

, and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including____

(date) on

(date)in

Application No. __ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

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STATEMENT OF THE CASE

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John L. Williams

° Reg. No. 20194-045

FCI Sheridan

P.0. BOX 5000

Sheridan, OR 97378

SUPREME COURT OF THE UNITED STATES

Case No. 17-1742

John L. Williams

Appellant,

v.

Mo. Jackson County

Appellee.

On a Writ of Certiorari to the

United States Court of Appeals for

the Eighth Circuit

Issues Raised

Jury Instruction

In September 2012, Plaintiff and .two other inmates at the

Jackson County Detention Center, jointly filed a 1983 claim against

Jackson County for their post-card-only policy. The District Court

ORDERED we file individual claims.

Plaintiff, Appellant, claim went to trial.

1

RECEIVED

OCT 2 3 2019

OFFICE OF THE CLERK

SUPREME COURTU g

—*

On March 23rd, 2017, after a three day trial by Jury, judge­

ment was entered in favor of the Defendants, Appellee.

Appellant claims the District Court abussed its discretion,

when it presented to the Jury, over the Appellant's objection

Jury instructions (#14) and (#15). The instructions asked the

Jury to apply the (4) Turner Factors, as set forth in the Supreme

Court case. TURNER v. SAFELY, 482 U.S. 78 (1987).

Appellant's arguement was, and still is, that the County's

post-card-only policy was in violation of the First Amendment to

the constitution of the United States.

Prison regulations that restrict an inmates First Amendment

Right are valid if the regulations are reasonably related to a

legitimate penological interest.

To determine whether a correctional institution's regulation

that "Impinges on inmates

constitutional rights" is valid, the

Court (not the Jury) must determine whether that regulation "is

reasonably related to legitimate penological interest."

TURNER v. SAFELY, 482 U.S. 78. 79, 107 S. Ct. 2254, 96 L.

Ed. 2d 64 (1987).

In TURNER, the Supreme Court promulgated "a four-pronged test

that guides Courts in determining whether a challenged regulation

passes constitutional muster. FROST v. SYMINGTON, 197 F.3d 348,

354 (9th Cir 1999).

Credibility determinations, the weighing of the evidence, and

the drawing of legitimate inferences from the facts are Jury

2

functions, likewise determining whetehr TURNER factors are suff­

icient to present a legitimate Penilogicai, Interest is for the

Court to establish, not the Jury.

In AL-OWHAI v. HOLDER, (10th Circuit), the Court stated that

an analysis of the four TURNER factors is necessary at the Summary

Judgement stages.

On February 16th, 2017. The District Court issued an order

denying the Defendant's Jackson County's motion for Summary

Judgement at that point the; Court applied, or should have applied

the TURNER factors, now at trial to have the Jury to apply them,

or reeapply them is impermissable and an abuse of discretion.

In TURNER, the .Supreme Court has instructed the lower[courts ]

(not' the Jury) to examine the four factors when determining whether

the regulation withstands scrutiny. The Jury cannot decide what

law, they only decide from the facts, to have them td apply such

complicated factors causes confusion. The judgement of the District

Court should be reversed and remanded for new trial.

Appellant would like to present a final arguement on this

issue:

PRISON LEGAL NEWS v. LEHMAN, 397, F.3d 692 (9th Cir 2005)(noting

that if a regulation is not retionally related to a legitimate neutral

government objective, a.court need-not reach the remaining three

factors.") (Would the Jury know this?)

Jackson County presented no evidence that the policy was implem­

ented due to a contraband problem, presented no documentation (not

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one incident). Jackie Robinson testified that he could not provide

any documentation to back up the fact that the jail had a problem

with contraband coming in through the mail. Jackson County s -- -postcard policy does not satisfy the first TURNER factor because

it lacks a rational connection to a legitimate governmental interest,

and, therefore a consideration of the remaining TURNER factors is

not necessary. "A post-card-only policy for incoming mail is not

retionally related to the states objectives of enhancing jail security.

If Defendant fails to present any evidence relating to its security

need, threats, or experience." COX v. DENNING, No. 12-2571-DJW, 2014

WL 4843951

at 18 (D. Kan. Sept. 29, 2014 (emphasis added); see also

COLUMBIA CITY, 942 F. Supp. at 1083-85. As Judge Waxse recently noted

in COX; "merely accepting Defendant's arguement of a rational relationship without any evidence or a logical explanation of why the post­

card-only policy advances a particular legitimate Penological Interest would render the standard toothless

which the Supreme Court

has cautioned against."

Jackson County has failed at trial

to produce any evidence that the post-card-only policy was enacted

in response to a valid mail security problem. Nor did Jackson County

provide documented instances of contraband entering the jail through

the mail. Moreover

Summary Judgement should have been granted to

the Plaintiff for this very reason, and not given to the Jury to

determine the TURNER factors.

The Plaintiff prays this Court finds in his favor and will

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reverse the Judgement and Remand for a new trial.

A.U

Dated this i3w

day of

, 2019.

John L. Williams

Reg No. 20194-045

FCI Sheridan

P.0. BOX 5000

Sheridan, OR 97378

t

Certificate of Service - I, John L. Williams do declare that a true

and correct copy of the above said motion was sent via U.S. mail to

the Supreme Court Clerk on this 12th day of August, 2019.

5

REASONS FOR GRANTING THE PETITION

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CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

Date:

/o/m//?

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