Dana Gallop v. Adult Correctional Institutions, et al.
SocialSecurity DueProcess JusticiabilityDoctri
Does Rhode Island's Civil Death Statute violate the Supremacy Clause and 42 U.S.C. 1983 by denying a prisoner the right to file a civil claim, where the statute was derived from laws used to disenfranchise African-Americans?
QUESTION PRESENTED I. Does Rhode Island’s Civil Death Statute, G.L. 1956 § 13-6-1, violate the Supremacy Clause of the United States Constitution, where it is derived from laws that were used to socially exclude and politically disenfranchise African-Americans after the Civil War, and (1) is being applied to deny Petitioner, serving a life term of imprisonment, the right to file a civil claim in court, contrary to the intent of 42 U.S.C. 1983; and where (2) every United States court faced with this issue has found the civil death statute unconstitutional— and was this issue waived where it was properly raised at each level below?