Brandon Roberts v. Wexford Health Sources, Inc., et al.
SocialSecurity DueProcess JusticiabilityDoctri
Can a prisoner state a claim for denial of access to the courts if prison officials impeded their ability to litigate a pending wrongful death suit?
QUESTIONS PRESENTED . January £3, 2020, the petitioner initiated a civil action within the U.S. District Court for the Northern _ District of Maryland asserting a denial of the cight to ‘petition the government for redress, access to the : ; courts,’ Due Process violations and unreasonable strip : ; searches of tne petitonecr's person, by the : : , -respondents' Wexford Health Sources Inc., Jane & gonn; “Doe, Who are a medical service provider and their . staff, as well as Loyns, Nines, Webb and Morgan, ail meupers employed by the Department of Public Satety & . a : Correctional Services, (DPsCS/DOC). The pleadings was . ; re-filea and the case officially proceeded on February , . : ‘The matter stems from a nospatal appointment schedulea on December 16, 2015, that collided with the time period tne petitioner had in which to fale nis ‘ , . ; response in @&@ pending Wrongful beatn suit. The DOC. defendants have a policy that prevented the petitioner : , from Carrying any legal materials or items of that . nature with him during any hospital visits. The : ; petitioner, apparently misseaq the court deadline to 7 respond when. prison officials failed to. bring him : , back, and instead, left him at another facility over . . . the weekend witnout his legal documents. The civil. Matter wag active within the U.S. District Court for . . the District of South Carolina, Charleston Division. : ; The case at hand presents several fundamental : questions of the court's interpretation concerning the . types of civil actions a prisoner 1s prevented from litigating, that would fall within the purview of a ' denial of access to the’ courts, as stated from a . : history of the court's established decisions in Christopher v. Harbury, 536 U.S. 403, 414, 416 n. 13, , : 122 S.Ct. 2179 (2002); Lewis, .518 U.S. 343, 351-53, . 116 S.ct. 2174 (1996), & Bounds, 430 U.S. 817, 828, : ; (1977). . , The second, relates to the interpretation of this . ; . ; court's precedents in Bell, . 441 U.S. 520; 545-46 ; (1979), as to the reasonableness of multiple strip 7 . . searches, while remaining under constant Supervision, and the ability to contest or challenge-‘a sealed regulation filed an support. : , Another concerns a unique exceptional or extraordinary oO , circumstances in the tolling of ‘a civil action against “one of the parties associated. . . _ The questions presented is of great importance, as it : would give guidance on a number of the issues. : The importance of one of the issues is further . : . enhanced by the lower court's: inaccurate GH teE pretation cf Léwis, where the court concludeaq oo ; ‘that a prisoners’ wrongful Death Suit that was impeded , : by prison officials, did not deny access to the. courts. this ‘matter woula affect a prisoners' ability ~ ; . to determine whether he can bring these types of civil. ) actions on the behalf of a deceased relative and otner . sach cases without interference by prison otticiais 4 with no torm of relietr. . The searches, is of public importance and atfects tne . : Operation of the prison and what “constitutes an 7 : excessive or unreasonable strip search while under ; : constant supervision. . ; a ; : ' The sealed documents, is ot great public importance, . as it infringes on due process and compulsory process . : and burdens a prisoners ability to challenge éertain : : : , regulations prison ofricials use in their detense. , ; : : the questions presented for this court: to consider . are: ; : ; . : : : 1. Can a Prisoner state a claim for Denial of | a . Access to the Court, if ‘Prison Officials : . oo {Impeded his ability to litigate a pending : ; . Wrongful Death suit, _ : . a . . : os . : 2. Can Multiple Strip Searches by Prison . : . oo 7 Officials while under constant Supervision be deemed Unreasonable or Excessive in . : Violation of the FRourth Amendment? : 3. Can Sealed Regulations’ Considered as , ; : Evidence Violate the Petitioner's oo Rights, if the documents cannot be : , viewed or conte