Albert Veenstra, III v. Idaho State Board of Corr. ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALBERT PETE VEENSTRA III; No. 17-35952
WILLIAM JERMAINE FLETCHER,
D.C. No. 1:15-cv-00270-EJL
Plaintiffs-Appellants,
v. MEMORANDUM*
IDAHO STATE BOARD OF
CORRECTION, Executive Department of
the State of Idaho; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Argued and Submitted November 5, 2019
Seattle, Washington
Before: GOULD and NGUYEN, Circuit Judges, and R. COLLINS,** District
Judge.
Albert Pete Veenstra III and William Jermaine Fletcher appeal the district
court’s grant of summary judgment and denial of appointment of counsel. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Raner C. Collins, United States District Judge for the
District of Arizona, sitting by designation.
jurisdiction under 28 U.S.C. §1291. Reviewing the grant of summary judgment de
novo, see Gravelet-Blondin v. Shelton, 728 F.3d 1086, 1090 (9th Cir. 2013), we
affirm.
Appellants were originally housed at Idaho State Correctional Institution
(“ISCI”). ISCI was the subject of an extended class action lawsuit. See Balla v.
Idaho State Bd. of Corr., 119 F. Supp. 3d 1271 (D. Idaho 2015). During a court-
ordered ISCI evaluation, staff fabricated, modified, and shredded inmates’ medical
records. Id. at 1277-80. The district court sanctioned the Idaho State Board of
Correction for undermining the evaluation and required monitoring under terms set
forth in the Modified Compliance Plans. Id. at 1284. As a result, inmates housed at
ISCI were permitted access to their medical records.
Appellants were transferred to the Idaho State Correctional Center (“ISCC”)
where they no longer had access to their medical records. Appellants filed a
lawsuit in the United States District Court for the District of Idaho alleging that the
Idaho Department of Correction’s policy generally prohibiting inmates from
viewing their medical records—but allowing access for inmates housed at ISCI—
violated Appellants’ due process and equal protection rights. The district court
granted Appellees’ converted motion for summary judgment on Appellants’ equal
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protection claim,1 determining that allowing only ISCI inmates to access their
records was reasonably related to an interest in settling the Balla litigation over
prison conditions.
The district court’s determination was not in error. Equal Protection under
the Fourteenth Amendment fundamentally requires “that all persons similarly
situated should be treated alike.” City of Cleburne v. Cleburne Living Ctr., 473
U.S. 432, 439 (1985). However, inmates are not a protected class. Webber v.
Crabtree, 158 F.3d 460, 461 (9th Cir. 1998). Therefore, a prison policy treating an
inmate differently from similarly situated inmates is subject to rational basis
review; that is, a policy is constitutional if it is rationally related to a legitimate
state interest. Id. A state may have a compelling interest in complying with the
Constitution, and a legitimate interest in avoiding possible legal liability. Walker v.
Beard, 789 F.3d 1125, 1136, 1138 (9th Cir. 2015).
Here, maintaining an open medical records policy at ISCI is rationally
related to the Idaho Department of Correction’s legitimate interest in avoiding
future constitutional violations. This measure encourages transparency and the
correction of the constitutional violations that led to sanctions.
1
Appellants do not appeal the grant of summary judgment on their due process
claim.
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In addition, permitting access to medical records at ISCI is a legitimate
means to promote settlement and limit further legal liability. The open medical
records policy was the result of “intense settlement negotiations” to “address
healthcare-related problems at the prison.” Balla, 119 F. Supp. 3d at 1283.
Allowing access to medical records permits inmates at ISCI to confirm that their
medical information is accurate, in turn preventing further litigation about possible
misconduct.
Because Appellants’ claims have no merit, we need not reach the question of
the district court’s denial of appointment of counsel.
AFFIRMED.
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