Divided Court Says Librarian Violated Prisoner’s Access to Court By Not Allowing Use of Machine to Bind Brief
Prison officials’ denial of an inmate’s request to access materials routinely made available to inmates for the preparation of legal documents violates the inmate’s right of access to the courts where it results in the loss of a legal claim, the Ninth U.S. Circuit Court of Appeals held yesterday. In a 2-1 decision, the panel affirmed a summary judgment ruling by U.S. District Judge Ancer L. Haggerty of the District of Oregon in favor of prison inmate Frank M. Phillips Jr.
Phillips, serving a 10-year prison term on a state second degree manslaughter conviction, sued library staff member Lynn Hust alleging she violated his right of access to the courts by denying his request to use the library’s comb binding machine for his petition to the U.S. Supreme Court.
After exhausting his appeals in state court on his claim for post-conviction relief, based on the alleged ineffective assistance of counsel, Phillips, representing himself, sought Supreme Court review on the ground that the state courts applied an unconstitutional evidentiary standard in considering his ineffective assistance claim.Phillips’ petition for certiorari was due on June 18, 2001, and on June 3, he sent a note to library staff requesting access to the comb binding machine. He was given access to the library but was unable to bind his petition because the machine had been moved.
On June 13, he sent another note to library staff, including Hust, stating generally that he had a brief that needed to be bound and sent soon. He did not mention the nature of the document or filing deadline.
Five days later, the day Phillips’ petition was due, Hust responded to his request by stating, “We do not comb bind material for inmates.”
Phillips sent another request and was finally given access to the comb binding machine on June 29, 2001. He bound and filed his petition with the Supreme Court but it was rejected as untimely.
In April 2002, Phillips sued Hust under 42 U.S.C. Sec. 1983, asserting various claims, including that she denied him access to the courts. Both parties filed motions for summary judgment.
Haggerty granted Phillips’ motion as to the right of access claim and, in a subsequent bench trial on damages, awarded him $1,500 in compensatory damages.
It's pretty unusual for a prison inmate appearing pro se to win a civil suit. Details here from the Metropolitan News-Enterprise. The court's opinion is Phillips v. Hust, No. 04-36021.