Simmons v. The USA Department of Health, Education and Welfare

Background

Melvin Joseph Simmons, an inmate at California Correctional Institution, and his mother, Laura Simmons, filed a self-represented complaint against the USA Department of Health, Education and Welfare and the Commissioner of the Social Security Administration. The court had already dismissed Laura Simmons as a party. Simmons initially sought permission to proceed without paying the filing fee, but he later paid the fee. The court therefore denied his motion to proceed without paying the fee and reviewed his complaint under the prisoner-screening statute, 28 U.S.C. § 1915A.

Court’s analysis

The court held that the complaint failed to state a claim on which relief could be granted. It noted that the USA Department of Health, Education and Welfare was the precursor to the Department of Health and Human Services and no longer exists. The court stated that the Commissioner of the Social Security Administration was an appropriate defendant, but found that the complaint was largely incomprehensible and did not provide fair notice of the type of claim or the facts supporting it.

The complaint used unusual descriptions of Simmons’s identity and alleged that defendants had transferred ownership, rights, and benefits connected to another name. It characterized the case as an action concerning the defendants’ failure to prevent fraud and sought to return Simmons “to the World.” Simmons appeared to seek release from prison, compensatory damages, and punitive damages.

The court separately addressed possible interpretations of the complaint. If Simmons intended to challenge the suspension of Social Security benefits while incarcerated, the court stated that a prisoner convicted of a felony is not entitled to those benefits under 42 U.S.C. § 402(x), and that the statute is constitutional. The court also stated that a claimant cannot seek damages from officials under the constitutional damages remedy recognized in Bivens for an allegedly wrongful denial of Social Security benefits. Finally, the court stated that a prisoner challenging the validity of a conviction, sentence, or confinement must use a petition seeking release through the appropriate prisoner-release procedure, rather than this type of civil action.

Disposition

The court dismissed the case for failure to state a claim on which relief could be granted. It ordered the clerk to enter judgment and close the file. The court denied the motion to proceed without paying the filing fee. The opinion text does not identify the United States District Judge by name.