ACLU Intervenes in Contempt Case Against RI Department of Corrections
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ACLU Intervenes in Contempt Case Against RI Department of Corrections
Inmate Richard Paiva is seeking to hold the DOC in contempt of court for violating a 47-year old consent decree that established minimum standards, known as the “Morris Rules,” for the discipline and classification of inmates at the ACI.
“The Morris rules were designed almost 50 years ago to provide inmates with basic protections when classified and being subjected to discipline. These rules make just as much sense today are they did when they were adopted. It’s our goal to see they are enforced today,” said ACLU attorney Sonja Deyoe.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe ACLU has filed a motion seeking to have them and Paiva formally recognized as pursuing the case on behalf of all inmates.
The Case
According to the ACLU, two years ago, Pavia asked the federal court to hold the DOC in contempt of court for failing to comply with the Rules.
He pointed to provisions in the Rules requiring that disciplinary hearings be held before a three-person disciplinary board, barring inmates from being charged with multiple disciplinary infractions for a single offense, and generally limiting placement of inmates in punitive segregation for more than 30 days.
All of those provisions, Paiva claimed, are important limitations designed to protect the due process rights of inmates, but that had been violated by the DOC in taking disciplinary action against him.
The court initially dismissed his case, but on appeal, the U.S. Court of Appeals for the First Circuit in Boston ordered a second look, noting that if, as Paiva noted, the consent decree in the Morris case had never been terminated, the basis for summarily throwing out his claims of violations of the Rules was unclear.
The case is now back in federal district court, leading to the ACLU’s intervention on behalf of Paiva.