Docket: Walton vs. NYSDOCS and MCI
Suit Challenges Unfair Telephone Charges to Families of Prisoners
Opinions and Documents [Download at link in heading above.]
Walton v. NYDOCS and MCI (PDF) 4.4MB
Walton v. NY MCI Motion to Dismiss (PDF) 573KB
Walton v. NY NYSAG Motion to Dismiss (PDF) 4.7MB
Walton Opposition Motion (PDF) 3.3MB
MCI Reply Memo in Support of Motion to Dismiss (PDF) 335 KB
Department of Correctional Services Reply Memo in Support of
Motion to Dismiss (PDF) 933 KB
Appeal Brief (PDF) 3.32MB
Walton Appeal Reply (PDF)1.57MB
Motion for Leave to Appeal to COA (PDF)1.71Mb
Walton Opinion 10/8/04 (pdf)1.09MB
Walton Appeal 8_17_05 (PDF)444KB
Walton Appeal Plaintif Reply Brief 102505 (PDF)1.57MB
MCI appeal brief (PDF)401Kb
Third Decision (PDF)296Kb
COA Appeal Breif 3.32 mb
KLNF Amicus 1.77mb
Innocence Project Amicus 1.77 mb
Public Advocate Amicus 60kb
LSPC Amicus 1.16mb
PRP Amici Brief 78kb
FAQ's about Walton
Synopsis
Walton v. NYSDOCS and MCI is a class-action lawsuit filed by the Center
for Constitutional Rights (CCR) challenging the constitutionality of the
New York State Department of Correctional Services’ monopoly telephone
contract with MCI/Verizon, which forces family members to pay exorbitant
collect calling rates to speak with their loved ones in prison.
Current Status
On February 20, 2007, the New York State Court of Appeals agreed to
allow the Center for Constitutional Rights to move forward with its case
Walton v. NYSDOCS and reinstated all of the plaintiffs' constitutional
claims. The case, which had been dismissed by the two lower courts, will
now return to the New York State Supreme Court.
Case Description
Walton v. NYSDOCS and MCI is a class action lawsuit brought against
the New York State Department of Correctional Services (NYSDOCS) and MCI/Verizon.
It charges NYSDOCS and MCI with illegally charging unapproved telephone
rates, usurping the legislature's authority by imposing unapproved charges
that constitute an improper tax or regulatory fee, violating Plaintiffs'
and class members due process and equal protection rights, and rights to
freedom of speech and association under the State Constitution, and deceptive
business practices. The suit contends that under the NYSDOCS' contract
with MCI, MCI remits 57.5 percent of its prison revenue to the State, which
puts this money in its general operating fund. Prisoners have no choice
but to use the MCI collect call system, and those who accept their calls
are forced to pay outrageous rates to speak to their loved ones, effectively
imposing an unlegislated backdoor tax on prison families, and impeding
their freedom of speech and association while the prison and MCI profit
from their hardship. The case was filed in the Supreme Court of New York,
Albany County.
The plaintiffs include family members and counsel who have been forced
to pay exorbitant fees for collect calls in order to communicate with loved
ones, maintain marriages, and speak with their clients. The financial burden
imposed by the state on the families of inmates is a real hardship and
has led to Plaintiffs accruing substantial debt. The high rates charged
under the monopoly collect call system directly undermine the correctional
system's goal of maintaining family and community ties that greatly increase
the odds of a successful re-entry into society upon release from prison.
The lawsuit seeks a declaration that the telephone system run by NYSDOCS
and MCI violated peoples' constitutional rights and also seeks refunds
for prison families who have unjustly paid 630% more for a collect call
from a NY State prison than a normal collect call consumer would pay.
Plaintiff Ivey Walton is a disabled, senior-citizen living on a fixed
income, whose son and nephew are incarcerated at the Clinton facility in
Dannemora, NY, over 350 miles away from her Brooklyn residence. The exorbitant
telephone costs imposed by the state's unlawful commission charges have
made it extremely difficult for Ms. Walton to maintain her connection with
her son and nephew. Her son has promised he would not call too frequently
because he does not want to risk disconnection of his mother's telephone
service. Ms. Walton's son often forgoes his mother for months in order
to save her money. The months that he does call, Ms. Walton loves speaking
to her son, but she has trouble paying the telephone bill.
Case Timeline
On February 25, 2004, the Center for Constitutional Rights files Walton
v. NYSDOCS and MCI in the Supreme Court of New York, Albany County.
On May 7, 2004, MCI files a motion to dismiss the case.
On June 17, 2004, CCR files an opposition brief against the motion to
dismiss.
On June 25, 2004, NYSDOCS files a motion to dismiss the case.
On June, 25, 2004, CCR argues its opposition to dismissal before Judge
George Ceresia at the NY Supreme Court in Albany.
On October 8, 2004, Judge Ceresia grants the defendants' motions to
dismiss on statute of limitations grounds, citing issues of timeliness.
On November 22, 2004, CCR serves their notice of appeal for the decision
to the New York State Supreme Court, Appellate Division, Third Department.
On August 15, 2005, CCR files an appellate brief in York State Supreme
Court, Appellate Division, Third Department, asking the Court to find the
lower court's dismissal in error.
On October 12, 2005, Defendants file their Respondent-Appellee brief,
urging the Court to affirm the lower court's dismissal.
On October 22, 2005, CCR files a memorandum brief in response to Defendants-Respondents
Brief.
On January 19, 2006, the Appellate Division, Third Department affirms
the lower court's decision to dismiss the lawsuit.
On February 24, 2006, CCR serves a motion to the Appellate Division
for leave to appeal to the Court of Appeals (New York's highest court.)
More than a brief on the merits of the case, a "leave to appeal" is an
opportunity for counsel to convince the Court that their case is worthy
of the Court's time and scarce judicial resources.
On April 5, 2006, CCR receives notice of the Appellate Divisions decision
to deny the motion for Leave to Appeal.
On May 4, 2006, CCR files a motion for Leave to Appeal this decision
to the highest court of the state, the Court of Appeals.
On July 5, 2006, the Court of Appeals grants the motion for Leave to
Appeal, agreeing to hear the case.
On September 18, 2006 CCR files an appeal brief in the New York State
Court of Appeals. This allows the case to move forward on appeal to the
state's highest appellate court.
On January 8, 2007, Governor Spitzer announces that he will eliminate
the provision in the prison telephone contract that requires MCI/Verizon
to pay 57.5 percent of its profits to New York State - effective April
1, 2007. On that date, the rates paid by families receiving collect calls
from NY State prisons immediately go down by at least 50 percent. Gov.
Spitzer's announcement, however, does not affect the validity of the case.
Despite the promised change, the Walton plaintiffs are still entitled to
have a court rule on whether their rights were violated and to seek money
damages and refunds of the unlawful charges.
On January 9, 2007, Rachel Meeropol, the CCR Staff Attorney on the case,
argues before the Court of Appeals that the lower courts applied the wrong
statute of limitations and incorrectly determined when that statute began
to run.
CCR Legal Team - Rachel Meeropol
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