Inmate lawsuit claims prison officials interfering with court access
Harris awaiting trial on charges since 2023
Trending
An inmate of the Blair County Prison awaiting trial on multiple drug charges and an attempted homicide has filed a federal lawsuit complaining that officials are interfering with his access to the courts.
Marquis Harris, 42, is seeking an injunction "protecting (his) access to the courts and legal mail," specifically noting that he recently missed a deadline to object to an order issued by a U.S. magistrate judge that recommended dismissal of a petition he had filed in the U.S. District Court in Johnstown.
Harris, who has been awaiting trial on his various charges since 2023, earlier this year filed a federal petition seeking his release from prison based on constitutional grounds.
He charged his continued detention is unconstitutional -- in violation of the Fourth, Sixth and Fourteenth amendments to the Constitution.
Also, he claimed ineffective assistance of counsel and misconduct in his arrest.
His federal petition was referred to United States Magistrate Judge Patricia L. Dodge, who recommended the petition be dismissed as being premature.
Dodge concluded Harris can litigate these claims only "in the event he is convicted and then only after he has exhausted his available state court remedies with respect to those claims."
The magistrate recommended that U.S. District Judge Stephanie L. Haines, who presides in Johnstown, deny Harris' claims, but she indicated in her order that Harris had 14 days to respond to the recommendation.
Harris did not respond and Haines issued an order earlier this month adopting the Dodge recommendation.
She stated in her order that "Judge Dodge correctly denied (Harris' petition) for Writ of Habeas Corpus because his claims are premature. Petitioner may only litigate such claims in the event he is convicted and then only after he has exhausted his available state court remedies."
Harris in his civil rights action filed this week argued that he never received notice of Dodge's recommendation, and therefore was unaware of his opportunity to respond within the 14-day period set aside by the magistrate.
The recommendation, he charged, was mailed to him but was returned to the federal court with a note by prison personnel he had refused-returned the document.
In his Monday complaint, Harris insisted he never refused to accept the federal court mailing.
Because the mailing was not delivered to him, he stated, he was "deprived of the opportunity to timely review the Report and Recommendation and to file objections."
Harris stated in this week's petition that he has "repeatedly complained that Blair County Prison personnel have interfered with his access to the courts."
His lawsuit mentions that he is serving as his own lawyer.
He is suing the Blair County Prison counselor, the warden and the prison's mail room supervisor.
Harris complains also that prison personnel are refusing to provide him copies of documents he needs to proceed with his case.
He stated the denial of copying services is "particularly damaging because the documents concern constitutional claims."
He is requesting that all incoming and outgoing mail logs concerning his cases be preserved.
Harris is also asking for "injunctive relief protecting (his) access to courts and legal mail."
The Harris lawsuit filed this week was referred by Judge Haines for review by Magistrate Judge Peter E. Ormsby, who presides in Pittsburgh.
State court records state that Harris has six active cases, including charges from an incident that occurred on March 12, 2023 -- criminal attempt (homicide); two counts of aggravated assault; possession of a firearm prohibited; possession of an instrument of crime; terroristic threats; two counts of simple assault; recklessly endangering another person; tampering with evidence; discharge of firearms; and firearms not to be carried without a license.