An inmate at a Michigan prison is suing the facility’s warden and other employees, alleging they denied him access to books about financial investing.
In a 22-page, handwritten complaint filed in September, state prisoner Michael Ray Thomas wrote that the denial violated his First Amendment rights and was “an arbitrary and capricious application” of Michigan Department of Corrections policies.
The denied book titles include “How to Invest in the Stock Market,” “How to Make Money in Stocks,” “Investing for Beginners” and “Mutual Funds, Investing for Beginners,” the complaint said.
Staff at the Cooper Street Correctional Facility in Jackson rejected the material, citing policies that bar inmates from buying items with credit or cash-on-delivery, possessing accounts at financial institutions or receiving mail that would allow an inmate to run a business while incarcerated.
“The books had absolutely nothing to do with ‘operating a business enterprise while within the facility,'” Thomas, 51, wrote in the complaint. “I was in no way trying to open a ‘financial account at a financial institution.’ I have no money and no way to sign the documents required to open such an account.'”
The books are not included in MDOC’s list of publications that inmates may not possess. The list does, however, include several other books with similar titles that purportedly violate the restriction against operating a business during incarceration.
Thomas, who is behind bars for convictions including child porn possession, wrote that he is currently enrolled at Siena Heights University and pursuing a bachelor’s degree in business administration. He believes the information in the books would lower his chances of returning to prison after his release.
“Given the recent volatility in the market, and the fact that I plan on starting a business upon release, I am merely trying to learn what I can about how the market impacts businesses,” Thomas wrote in a document included in his complaint.
The books were mailed to the facility by Thomas’ mother, he alleges. An MDOC document included in the complaint indicated that the prison planned to either send the books home and charge Thomas for the expense or otherwise dispose of them for free.
Prison staff named as defendants include Warden Michelle Floyd; Jeremy Bush, MDOC’s deputy director for the Correctional Facilities Administration; a mail room employee; a counselor; a grievance coordinator; and another grievance department worker.
In January, a judge dismissed the claims against the grievance staff, finding that Thomas failed to state a legally cognizable claim against them. The judge allowed the case to continue against the other defendants.
An MDOC spokesperson didn’t immediately return a message seeking comment.
Thomas has served nearly 11 years of a 12- to 20-year sentence, according to the state’s online inmate listing. He was sentenced in September 2015 on charges out of Macomb County, including possession of child sexually abusive material, resisting police and using the internet to communicate with someone in order to commit a crime.
Thomas is acting as his own attorney in the case. He is asking the court to order the prison to give him his books and reimburse him for the cost of filing the lawsuit.
mreinhart@detroitnews.com
This article originally appeared on The Detroit News: Michigan inmate sues prison staff for denying him books about investing
Reporting by Max Reinhart, The Detroit News / The Detroit News
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By Max Reinhart, The Detroit News | USA TODAY Network
