Cody-Allen Zab v. Rhode Island Department of Corrections; Jose R. Rivera v. State of Rhode Island Department of Corrections, by and through its Director, Patricia Coyne-Fague

Summary

The Rhode Island Supreme Court consolidated appeals by two life-imprisoned plaintiffs whose negligence claims were dismissed under Rhode Island’s civil death statute, G.L. 1956 § 13-6-1. The Court held that the statute completely deprived life prisoners of access to state courts and was unconstitutional under article 1, section 5 of the Rhode Island Constitution. The Court reversed the dismissal of the negligence claims but affirmed dismissal of Cody-Allen Zab’s 42 U.S.C. § 1983 claim on the merits because the defendants were not persons subject to suit under that statute.

Holdings

1. The § 1983 claim was properly dismissed on the merits because neither a state nor its officials acting in official capacity are 'persons' under § 1983.
2. The entirety of the civil death statute (G.L. 1956 § 13-6-1) is unconstitutional because it violates article 1, section 5 of the Rhode Island Constitution by completely depriving life prisoners of their fundamental right of access to the courts.

Questions Presented

1. Whether the civil death statute (G.L. 1956 § 13-6-1) violates the Supremacy Clause by preventing Zab from asserting a § 1983 claim
2. Whether the civil death statute unconstitutionally deprives life prisoners of their right of access to the courts under article 1, section 5 of the Rhode Island Constitution

Disposition

reversed_and_remanded