Zab v. R.I. Department of Corrections
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In these consolidated appeals, the Supreme Court held that Rhode Island's civil death statute, R.I. Gen. Laws 13-61-1, is unconstitutional and in clear contravention of the provisions of R.I. Const. art. I, 5.
Plaintiffs, Cody-Allen Zab and Jose R. Rivera, were two inmates serving sentences of life imprisonment. Plaintiff brought this action against Defendants, the Rhode Island Department of Corrections and its director and Global Tel*Link Corporation, asserting that while they were imprisoned they incurred injuries due to Defendants' negligence. The hearing justice concluded that the civil death statute barred Plaintiffs' negligence claims and that Zab's 42 U.S.C. 1983 federal claim failed as a matter of law. The Supreme Court reversed in part, holding that the civil death statute unconstitutionally denied Plaintiffs the right to gain access to the courts.
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