Beard v. Banks
Encyclopedia
Beard v. Banks, 548 U.S. 521 (2006), was a case decided by the United States Supreme Court
in which the petitioner, Ronald Banks, challenged the constitutionality
of the Pennsylvania Department of Corrections
policy of denying access to written material such as newspaper
s and magazine
s, to violent ("Level 2") inmates, on the grounds that the policy was a violation of his basic First Amendment
rights, including freedom of speech
.
s to defer to prison officials as experts in prison administration and security in Turner v. Safley
and set forth criteria to met in order to balance the needs of the prison with an inmate' constitutional rights.
Ronald Banks, the plaintiff, was serving a life sentence in a Pennsylvania prison and was kept in the LTSU Level 2 unit from its inception in 2000 to 2005. He was placed there originally because he was so violent that prison officials determined that he had to be segregated within the prison. In Level 2, he spent 23 hours a day in solitary confinement
. Banks filed suit in United States district court
, alleging that this policy violated his First Amendment rights, including freedom of speech. The defendant, Jeffrey Beard, served as Secretary for the Pennsylvania Department of Corrections.
by using written material as an incentive to encourage good behavior. The prison official testified that inmates in Level 2 confinement were deprived of privileges as punishment
with the incentive that if their behavior improved they would be moved to Level 1 with its added privileges. Such rules also allegedly served prison security
, as the prison official described how tightly rolled newspaper
s could be as effective a weapon
as clubs
and paper can be used to start fire
s.
Along with the documents, Secretary Beard filed a motion for summary judgment
based on the undisputed facts, including those in the deposition. Although federal court rules gave Banks a chance to refute facts and contest these materials, he did not take this opportunity. Rather, he filed a separate motion for summary judgment, arguing that the policy had no rational basis. He argued that religious material could be used for dangerous purposes as easily as secular material. He also argued that the level of deprivation of Level 2 inmates was so great that it violated the Eighth Amendment
.
The District Court ruled that neither the cases Banks cited nor the statistics he produced supported his argument and therefore granted Beard's motion, based on the facts provided, and denied Banks' motion. It ruled that the LTSU policies were rationally related to prison interests, furthering prison security and providing rehabilitation.
Banks appealed to the Third Circuit Court of Appeals
, which reversed Beard's summary judgment, holding that the prison rules and regulations could not be supported by law.
and upheld the Pennsylvania prison regulations banning all reading matter, except religious or legal material, from its most unmanageable inmates as legal. The decision was based in part on Bank's failure to challenge the facts as set forth by Beard.
In this case, the Court held that the four-part test outlined in Turner v. Safley
was met.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in which the petitioner, Ronald Banks, challenged the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Pennsylvania Department of Corrections
Pennsylvania Department of Corrections
The Pennsylvania Department of Corrections is the Pennsylvania state agency that is responsible for the confinement, care and rehabilitation of approximately 51,000 inmates at state correctional facilities funded by the Commonwealth of Pennsylvania...
policy of denying access to written material such as newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s and magazine
Magazine
Magazines, periodicals, glossies or serials are publications, generally published on a regular schedule, containing a variety of articles. They are generally financed by advertising, by a purchase price, by pre-paid magazine subscriptions, or all three...
s, to violent ("Level 2") inmates, on the grounds that the policy was a violation of his basic First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights, including freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
.
History
The Supreme Court previously had directed Federal CourtUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
s to defer to prison officials as experts in prison administration and security in Turner v. Safley
Turner v. Safley
Turner v. Safley, 482 U.S. 78 , was a U.S. Supreme Court decision involving the constitutionality of two prison regulations. Citing the reduced liberty and greater security needs of the prison context, the Court declined to use the strict scrutiny standard of review...
and set forth criteria to met in order to balance the needs of the prison with an inmate' constitutional rights.
Facts of case
The Pennsylvania Department of Corrections maintains a Long Term Segregation Unit (LTSU) to segregate a small number of its most violent and unmanageable inmates, those that are the most incorrigible and who continue to commit criminal acts within the prison. Level 2, the most restricted level in LTSU, does not allow inmates access to non-religious written material that is normally available, such as newspapers or photographs. Inmates begin at Level 2, which has the most severe restrictions and deprivation, but may graduate to the less restrictive level 1 where such material is allowed, based on maintenance of good behavior for rehabilitation.Ronald Banks, the plaintiff, was serving a life sentence in a Pennsylvania prison and was kept in the LTSU Level 2 unit from its inception in 2000 to 2005. He was placed there originally because he was so violent that prison officials determined that he had to be segregated within the prison. In Level 2, he spent 23 hours a day in solitary confinement
Solitary confinement
Solitary confinement is a special form of imprisonment in which a prisoner is isolated from any human contact, though often with the exception of members of prison staff. It is sometimes employed as a form of punishment beyond incarceration for a prisoner, and has been cited as an additional...
. Banks filed suit in United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, alleging that this policy violated his First Amendment rights, including freedom of speech. The defendant, Jeffrey Beard, served as Secretary for the Pennsylvania Department of Corrections.
Legal course
The Deputy Superintendent of Corrections testified in a deposition that the Department of Corrections policy was aimed at behavior modificationBehavior modification
Behavior modification is the use of empirically demonstrated behavior change techniques to increase or decrease the frequency of behaviors, such as altering an individual's behaviors and reactions to stimuli through positive and negative reinforcement of adaptive behavior and/or the reduction of...
by using written material as an incentive to encourage good behavior. The prison official testified that inmates in Level 2 confinement were deprived of privileges as punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
with the incentive that if their behavior improved they would be moved to Level 1 with its added privileges. Such rules also allegedly served prison security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
, as the prison official described how tightly rolled newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s could be as effective a weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
as clubs
Club (weapon)
A club is among the simplest of all weapons. A club is essentially a short staff, or stick, usually made of wood, and wielded as a weapon since prehistoric times....
and paper can be used to start fire
Fire
Fire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
s.
Along with the documents, Secretary Beard filed a motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
based on the undisputed facts, including those in the deposition. Although federal court rules gave Banks a chance to refute facts and contest these materials, he did not take this opportunity. Rather, he filed a separate motion for summary judgment, arguing that the policy had no rational basis. He argued that religious material could be used for dangerous purposes as easily as secular material. He also argued that the level of deprivation of Level 2 inmates was so great that it violated the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
.
The District Court ruled that neither the cases Banks cited nor the statistics he produced supported his argument and therefore granted Beard's motion, based on the facts provided, and denied Banks' motion. It ruled that the LTSU policies were rationally related to prison interests, furthering prison security and providing rehabilitation.
Banks appealed to the Third Circuit Court of Appeals
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
, which reversed Beard's summary judgment, holding that the prison rules and regulations could not be supported by law.
Issues
The points at issue in this case were whether the LTSU prison policy violates the First Amendment rights of Level 2 inmates and whether judges should allow prison officials to determine policies that are less related to security than to beliefs about behavioral management techniques and that rely on deprivation to deter misbehavior and the increased privileges in Level 1 to inspire improved behavior.Decision
By a vote of six to two, the U.S. Supreme Court overturned the United States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
and upheld the Pennsylvania prison regulations banning all reading matter, except religious or legal material, from its most unmanageable inmates as legal. The decision was based in part on Bank's failure to challenge the facts as set forth by Beard.
In this case, the Court held that the four-part test outlined in Turner v. Safley
Turner v. Safley
Turner v. Safley, 482 U.S. 78 , was a U.S. Supreme Court decision involving the constitutionality of two prison regulations. Citing the reduced liberty and greater security needs of the prison context, the Court declined to use the strict scrutiny standard of review...
was met.
- The policy was rationally related to the legitimate prison goal of motivating manageable behavior.
- Although inmates did not have another way of exercising their rights, they could graduate to the more privileged Level 1.
- Allowing inmates these rights could result in worse behavior and issues of prison security.
- There was no alternative way to accomplish the same goals without restricting inmate rights.
Significance
This Supreme Court ruling was seen by some as a curtailment of prisoners' rights, and a reduction of court protection of inmates.See also
External links
- Full decision from FindLaw.com
- Beard, Jeffrey (PA Dept. of Corrections) v. Banks, Ronald
- Brief for the United States as Amicus Curiae supporting petitioner
- Reaction: Beard v. Banks
- Ruling bolsters 'deprivation' of prisoner rights
- Supreme Court Decision Update - Beard v. Banks
- Brief for Petitioner
- Brief for Respondent
- Third Circuit Court of Appeals decision
- application to Incarcerated Persons - Inmate Access to Print Media
- History of LTSU
- Prisoners' side struggles in reading-material case
- Inmate policy does not violate First Amendment