McGhee v. San Mateo County Sheriff Department

Background

Tijue Adolphus McGhee, an inmate at Maguire Correctional Facility, filed a self-represented action under 42 U.S.C. § 1983. The court reviewed the complaint under the prisoner-screening statute, 28 U.S.C. § 1915A. McGhee alleged that the San Mateo County Sheriff Department had adopted a mail policy under which postal mail sent to San Mateo County jail facilities was refused and returned to the sender. Under the policy, people wishing to send mail to inmates had to send it to Smart Communications in Florida, where it was scanned and made available to inmates electronically on tablets.

McGhee alleged that the policy violated his First Amendment right to receive postal mail, the Fourteenth Amendment, and his family members’ rights to privacy and freedom of expression.

Court’s Analysis

The court recognized that inmates have a First Amendment right to receive mail. It concluded, however, that the complaint did not clearly explain how that right had been denied because McGhee was still receiving his mail, although in electronic form rather than as handwritten mail delivered through the postal service. The court dismissed the First Amendment claim with leave to amend so McGhee could clarify how electronic delivery violated that right.

The court dismissed the Fourteenth Amendment claim with prejudice. It explained that because the right to receive mail is protected by the First Amendment, the claim had to be analyzed under that specific constitutional provision rather than under the more general concept of substantive due process.

The court also dismissed with prejudice the claims concerning McGhee’s family members’ rights to privacy and freedom of expression. It ruled that McGhee lacked standing—the legal ability to sue over an alleged violation of another person’s rights—to bring those claims.

Disposition

The court dismissed with prejudice the Fourteenth Amendment claim and the claims that the mail policy violated McGhee’s family members’ rights to privacy and freedom of expression. It dismissed the First Amendment claim with leave to amend. McGhee was ordered to file an amended complaint within 28 days, using the required case caption and marking the first page “AMENDED COMPLAINT.” The court stated that failure to file an amended complaint as required and on time would result in dismissal of the action without further notice. The court also stated that an amended complaint would replace the prior complaint and must include all claims and defendants McGhee wished to pursue.