Manor v. Superintendent, Massachusetts Correctional Institution, Cedar JunctionManor v. Superintendent, Massachusetts Correctional Institution, Cedar Junction
In 1990, whilе inmates at Massachusetts Correctional Institution, Cedar Junction, the plaintiffs, William Manor and Joseph Matz, both wore handmade necklaces
The plaintiffs thereafter filed a complaint in the Superior Court seeking reversal of the findings of the disciplinary board because the medalliоns were not proscribed by the prison regulations, properly construed. The plaintiffs also sought a declaration that, under the First and Fourteenth Amendments to thе Constitution of the United States and under art. 16 of the Declaration of Rights of the Massachusetts Constitution, prisoners may wear necklaces with the ANC medallion openly. The plaintiffs further requested that an injunction issue preventing the defendants from prohibiting the open wearing of a necklace with the ANC medallion. On cross mоtions for summary judgment, a judge of the Superior Court allowed the plaintiffs’ motions for summary judgment, reversed the findings of the disciplinary board and expunged the plaintiffs’ reсords of the infractions related to the wearing of necklaces with an ANC medallion. In addition, the judge declared that the plaintiffs were entitled under art. 16 of thе Declaration of Rights of the Massachusetts Constitution to wear the necklaces with ANC medallions. The defendants appeal.
We summarize the facts. On the еvening of May 22, 1990, Manor wore a handmade leather medallion in the shape of the continent of Africa, strung from a shoelace around his neck. The judge found that Manor said that he wore the necklace to express his pride, as a black American, in his African heritage. The judge found that Manor believed this was a crucial time in the struggle for freedom in South
Sergeant Paul Gordon, a correction officer, stopped Manor as he was walking toward the prison cafeteria. Gordon told Manor that the necklace was contraband, and ordered him to remove it. Manor refused. Manor subsequently was charged with several disciplinary infractions, including: disobeying an order, failing to keep his person in accordance with rules, and attempting to participate in an unauthorized group activity. Manor was found guilty of those charges by a disciplinary board, and sanctioned with thirty days in isolation, the maximum amount of isolation time that can be meted out under the regulations of the Department of Correction (department). Manor’s appeal was denied, and he served thirty days of isolation time as a result.
The morning аfter Manor was stopped for wearing his necklace, Brian Marsolais, a correction officer, stopped Matz. ■ Marsolais ordered Matz to рlace his necklace with an ANC medallion inside his shirt. Matz asked for an explanation of the order. After receiving no response, Matz refused to comрly. Marsolais stated that Matz became loud and abusive when he was told the necklace was contraband. A week later," Matz received a disciplinаry report charging him with nine separate offenses arising out of the incident. He told the disciplinary board that he wore the ANC symbol out of pride in his African heritagе and solidarity in the struggle against oppression both in South Africa and in the United States. Matz was found guilty of using obscene language, possessing an unauthorized item, and pаrticipating in an unauthorized group demonstration. He was sentenced to thirty days’ isolation time, the maximum isolation time, which he served after his appeal was denied.
The defendants contend that, by wearing the necklaces with an ANC medallion, the plaintiffs violated the inmate
The judge determined that the regulation did not bar all insignia, emblems, and logos; it barred only those that were either attached or sewn onto clothing. Nor did the regulation bar all necklaces; it barred only those which exceeded fifty dollars in value. The judge therefore held, “The [regulation simply does not prohibit the wearing of ANC medallions, or any other medallions valued at less than $50.00, as necklaces.” Taking into consideration all three documents, the judge determinеd that the department’s interpretation was .not a reasonable reading of the language of the regulation. The judge determined that the thrust of the regulations was that necklaces whose value was less than fifty dollars were allowed. We agree.
The defendants suggest that the regulation should be read to prohibit all items that are not allowed specifically and that, because necklaces with an ANC medallion are not allowed specifically, they are рrohibited. The defendants argue that even if literally read the regulation allows necklaces with an ANC medallion, their interpretation as an agency
After concluding that the regulations did not prohibit thе wearing of necklaces with an ANC medallion, the judge further analyzed the question presented under art. 16 and the First Amendment. We do not decide constitutional questions unless they must necessarily be reached. See Commonwealth v. Paasche,
The case is remanded to the Superior Court for a declaration that the rеgulations do not prohibit inmates from wearing African National Congress medallion necklaces.
So ordered.
Notes
The defendants filed a motion to stay the judgment pending apрeal, which was denied after a hearing.
Pursuant to G. L. c. 124 and G. L. c. 127, the Department of Correction promulgated 103 Code Mass. Regs. § 403 (1988), Inmate Property. The defendants developеd a written institutional policy regarding inmate personal property. Regulation 103 Cedar Junction § 403 consists, in relevant part, of the inmate personal property list, the Cedar Junction inventory sheet, and the inmate property checklist.