Rhone v. WardRhone v. Ward
STEWART, J.
At issue in this appeal is the constitutionality of
FACTS
Alfonso Rhone, an inmate at David Wade Correctional Center (“DWCC“), filed a complaint for money damages and other relief under the Corrections Administrative Remedy Procedure (“CARP“),
By judgment rendered October 29, 2002, the suit was docketed with Rhone being allowed to proceed in forma pauperis. On October 15, 2003, the defendants (DWCC‘s former warden, Kelly Ward, and Michael Rhones, a DWCC employee) filed a motion to enforce the automatic stay provided in
After the trial court ordered Rhone‘s suit stayed, Rhone filed a petition to have the automatic stay provision declared unconstitutional. Rhone asserted that the automatic stay of indigent prisoners’ suits violates
After a hearing on May 3, 2004, the trial judge denied Rhone‘s petition with reasons recited in open court. Rejecting Rhone‘s equal protection challenge, the trial judge determined that neither indigents nor prisoners are suspect classes, that there is no fundamental right to file a free civil suit
Following the denial of his constitutional challenge, Rhone sought supervisory review before this court. Because a final judgment was at issue, we converted the writ to an appeal to address the constitutionality of the automatic stay provision set forth in
DISCUSSION
The party attacking the constitutionality of a statute bears the burden of proof. Pope v. State, supra. The burden of proof requires the attacking party to point out a specific constitutional provision which clearly prohibits the legislature from enacting the statute at issue. Id. This is so because the state constitution limits the otherwise plenary power of the legislature; in other words, the legislature may enact any legislation not prohibited by the state constitution. Polk v. Edwards, 626 So.2d 1128 (La.1993). All statutory enactments are presumed constitutional. Id. Moreover, any doubt as to the legislation‘s constitutionality must be resolved in favor of finding the provision constitutional. Id.
The statutory provision being challenged by Rhone is
(2)(a) The order granting a prisoner‘s request to proceed in forma pauperis automatically stays all proceedings, including any service of process, until all costs of court or fees due the clerk by the prisoner in this matter are paid. During the pendency of the stay the prisoner may not take any action to prosecute the suit, including but not limited to filing any pleadings, discovery, or motions other than a motion for voluntary dismissal or a motion to lift the stay because all costs have been paid.
(b) If at any time during the pendency of the action additional costs of court or fees due the clerk by the prisoner accrue and are unpaid by the prisoner, then upon order of the court ex proprio motu or upon motion of the clerk or any other party, the action may be stayed as provided herein until all such additional costs are paid.
Though added in 2002, this provision is part of the PLRA,
La. Const. Art. I, Section 3 — Equal Protection
In attacking the constitutionality of the automatic stay provision of
The supreme court further explained in Pierre v. Administrator, Louisiana Office of Employment Security, 553 So.2d 442 (La.1989), that “(u)nder the U.S. Constitution, the legislative classification must be rationally related to a legitimate state purpose, a standard of review that is essentially the same as Louisiana‘s where no fundamental right or suspect classification is involved.” (Citations omitted.) Neither our state nor federal constitutional guarantees of equal protection “require absolute equality or precisely equal advantages.” Frederick v. Ieyoub, 99-0616 (La.5/12/00), 762 So.2d 144, writ denied, 2000-1811 (La.4/12/01), 789 So.2d 581, citing Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974).
Rhone‘s complaint does not allege that the automatic stay provision discriminates on the basis of any of the grounds set forth in the constitutional provision. Rather, he alleges that the automatic stay denies equal protection of the laws to indigent prisoners who file civil suits. Neither indigents nor prisoners are suspect classes for equal protection purposes. Harris v. McRae, 448 U.S. 297, 100 S.Ct. 2671, 65 L.Ed.2d 784 (1980); Carson v. Johnson, 112 F.3d 818 (5th Cir.1997). Additionally, an inmate does not have a fundamental right to file a cost-free suit for damages. Taylor v. Broom, 526 So.2d 1367 (La.App. 1st Cir.1988), citing Everett v. Goldman, 359 So.2d 1256 (La.1978). Because the automatic stay provision does not discriminate on the basis of any classification set forth in
As stated, the purpose of the PLRA is to curtail baseless and nuisance suits by prisoners. Reducing such suits and lessening the burdens such suits place on our court system and judicial resources are legitimate state interests. The automatic stay provision furthers these state interests by requiring indigent prisoners to pay the costs of litigation as they accrue. This discourages prisoners from filing suits that lack merit and that are filed for recreational or harassment purposes. It also discourages the filing of unnecessary motions and discovery requests that prolong litigation, increase the cost for litigants, and strain limited judicial resources. By knowing that their civil suit will be stayed pending payment of costs and fees associated with litigation, prisoners who might otherwise file countless unworthy suits are led to weigh the costs of litigation to determine whether they have a claim worthy of pursuit and expenditure of their limited monetary resources. For these reasons, we find that the automatic stay provision of
La. Const. Art. I, Sections 9 and 22 — Redress of Grievances and Access to the Courts
Rhone contends that the automatic stay provision is unconstitutional in that it impairs the right to petition the government for redress of grievances and the right of access to the courts as provided by
We recognize that prisoners have a constitutional right of access to the courts. Rochon v. Roemer, 93-2444 (La.1/7/94), 630 So.2d 247, reh‘ing den., 93-2444 (La.2/11/94), 634 So.2d 369 and 93-2444 (La.3/25/94), 635 So.2d 229, cert. den., 512 U.S. 1224, 114 S.Ct. 2716, 129 L.Ed.2d 841 (1994),
Rhone cites Rochon v. Roemer, supra, as support for his argument that the automatic stay deprives indigent prisoners of access to the courts. In Rochon, supra, the supreme court found that an order staying all lawsuits by Rochon, the plaintiff-inmate, pending payment of a court-ordered fine unduly impaired Rochon‘s constitutional right of access to the courts. While Rochon appears on point with the matter before this court, Rhone‘s reliance is misplaced due to significant distinguishing factors. The stay in Rochon was a court-imposed sanction and applied to all lawsuits. Here, the stay is imposed by legislation and is not a sanction. Also, the automatic stay applies only to the matter for which costs are owed as it prohibits the prisoner from taking any action to prosecute the suit.
The automatic stay provision imposes a limited restriction on access to the courts pending payment of court costs and clerk‘s fees associated with litigation. A rational basis supports this restriction. As explained, the automatic stay discourages the filing of a multitude of baseless and nuisance suits by prisoners by requiring indigent prisoner litigants to weigh the costs and time of litigation against the merits of their claims. The automatic stay has limited application as it does not stay all suits by a prisoner and does not apply to specific suits designated in the statute. The automatic stay provision neither prevents an indigent prisoner from seeking redress of grievances in the court system nor bars his access to the courts. Accordingly, we find no merit to the argument that the automatic stay provision is contrary to either
Retroactive Application
Rhone argues that the automatic stay should not be applied retroactively to his claim which was asserted prior to the effective date of
In Poullard v. Hanson, supra, this court noted that the changes to the PLRA made by the legislature in Act 89 of 2002 were both curative and procedural and to be applied both retrospectively and prospectively. Procedural laws are those which prescribe a method for enforcing previously existing substantive rights and relate to
The order enforcing the automatic stay against Rhone applied only as to those costs incurred by him after April 18, 2002, the effective date of Act 89 of 2002. We find no error in application of the automatic stay of
CONCLUSION
For the reasons expressed, we affirm the judgment of the trial court declaring that the automatic stay provision of
AFFIRMED.