Kelsey v. Minnesota
Kelsey v. Minnesota
Opinion of the Court
Dwight W. Kelsey appeals from the district court’s
In support of his claims, appellant Kelsey submitted information concerning the library’s inventory, its updating and its irregular hours of access. The appellees conceded the inadequacy of the prison library, but nevertheless filed a motion for summary judgment on the grounds that Kelsey had full access to the courts through other channels. We are called upon, on appeal, to determine whether the defendants were entitled to the summary judgment as a matter of law or whether genuine issues of material fact still exist as to Kelsey’s access to the court system.
The parties to this litigation do not dispute the principle that every inmate has a constitutional guarantee of access to our courts. Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969). Both parties also agree that prisoners seeking redress for deprivation of their civil rights by prison officials must be provided with “adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 1498, 52 L.Ed.2d 72 (1977) (emphasis supplied). The Supreme Court has recognized in this regard that the maintenance of an adequate prison law library is only one constitutionally acceptable means of assuring access to our courts:
It should be noted that while adequate law libraries are one constitutionally acceptable method to assure meaningful ac*958 cess to the courts, our decision here * * does not foreclose alternative means to achieve that goal. Nearly half the states and the District of Columbia provide some degree of professional or quasi-professional legal assistance to prisoners. * * * Such programs take many imaginative forms and may have a number of advantages over libraries alone.
Id. at 830-31, 97 S.Ct. at 1499.
This court, too, has recognized that a prison law library is only one means of providing access to our courts, and we have held, specifically, that the government need not provide inmates with every possible means of access to the courts:
We turn first to Noorlander’s initial ground that his right to self-representation mandates the provision of a law library by the Medical Center. We find this argument without merit. Under Johnson v. Avery, supra, the Government need not furnish every means of access to the courts. It need only provide some opportunity for a prisoner to gain equal access to the courts. Thus, if the public defender program at the Medical Center is effectual, the Government has met its burden under Johnson v. Avery regardless of any concomitant right to represent oneself in habeas proceedings. * * * Only failing the efficacy of the defender program and failing other suitable alternatives is Noorlander entitled to an adequate law library to aid him in his pro se attempts to secure access to the courts and obtain postconviction relief.
Noorlander v. Ciccone, 489 F.2d 642, 650 (8th Cir. 1973). Moreover, we have determined that an alternative program under Johnson v. Avery must be evaluated on its own to establish, first, what the prisoners’ needs for legal assistance are and, second, whether those needs are being met. Id. See McDonnell v. Wolff, 483 F.2d 1059, 1065 (8th Cir. 1973), aff’d in part, rev’d in part, 418 U.S. 539, 577-80, 94 S.Ct. 2963, 2985-86, 41 L.Ed.2d 935 (1974). A review of the record and Judge Larson’s memorandum order of October 25, 1978, in particular, convinces us that the trial court squarely addressed the issue of the adequacy of alternative means of access to the courts, and that, as a matter of law, it has been shown that Kelsey’s needs for legal assistance have been met.
We have thoroughly examined the briefs and record in this proceeding and we are satisfied with the district court’s disposition of Kelsey’s other claims. Accordingly, we affirm on the basis of Judge Larson’s well reasoned opinion pursuant to Rule 14 of the Rules of this court: We would like to note in conclusion, however, that this holding is limited to the instant pleadings, affidavits and complaint, and does not insulate any present or future methods of providing state prisoners with court access from judicial scrutiny.
. Kelsey appeals from the decision of The Honorable Earl R. Larson, Senior District Judge, United States District Court for the District of Minnesota, Third Division. This case was consolidated with the other appeals which Kelsey had pending before the court (Nos. 78-1887 and 79 1255). This court affirmed the district court’s dismissal in 78-1887 and 79-1255 in a per curiam opinion on October 9, 1979, and severed this case and ordered that it be set for oral argument and that counsel be appointed to represent Kelsey at oral argument.
. It should be noted that it is not necessary to provide legal assistance for every conceivable civil claim prisoners wish to process. Both the courts and the legal assistance agencies themselves have the right to determine which claims merit legal assistance. See generally Johnson v. Avery, 393 U.S. 483, 488, 89 S.Ct. 747, 750, 21 L.Ed.2d 718 (1969).
Dissenting Opinion
dissenting.
Prison officials are affirmatively obligated to provide prisoners with adequate law libraries or adequate assistance from persons trained in law. Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 1498, 52 L.Ed.2d 72 (1977). The issue of whether the state is meeting this obligation is presented by the record, and I would remand this case to the district court so that an evidentiary hearing may be held on this important question. Noorlander v. Ciceone, 489 F.2d 642 (8th Cir. 1973).
Since the State concedes the inadequacy of its prison library, the only factual issue is whether it is furnishing prisoners adequate assistance from persons trained in law. More specifically, the factual dispute centers on whether the State is providing adequate law trained assistance to prisoners seeking court access to assert civil claims in habeas corpus or under civil rights statutes such as 42 U.S.C. § 1983.
On this point, in support of its summary judgment motion the State submitted the
The State’s claim that it was affording law trained assistance to prisoners in habeas corpus and civil rights cases was essentially based on the fact of the existence of the state funded L.A.M.P. project.
Even without this restriction, the fact that the L.A.M.P. project is authorized and funded by the State of Minnesota is not, alone, sufficient to show that the project is constitutionally sufficient. As stated in Buise v. Hudkins, 584 F.2d 223, 228 (7th Cir. 1978):
Judicial notice of a statute requiring certain services, even assuming the requirements fully cover inmates’ needs, is insufficient because it does not follow from the existence of the statute that an alternative actually exists. The Public Defender may disregard the statute or, more likely, the office simply may lack the resources necessary to provide meaningful access at each of the state’s institutions. In this context, a mere reference to the statute does not carry the state’s burden of proof of adequate alternatives.
Bounds v. Smith, supra, 430 at 825, 97 S.Ct. at 1496, adds that mere availability is not enough, and that the key inquiry is whether a “reasonably adequate opportunity to present claimed violations of fundamental constitutional rights” is provided.
“An alternative program . . . must be evaluated on its own to determine whether it is a reasonable alternative to provide access to the courts.” Noorlander v. Ciccone, supra, 489 F.2d at 650. As Noorlander wisely held in its analysis of this difficult issue, the Nebraska corrections department bore the burden of showing adequacy by evaluating two variables. “First, it must be shown what the need for legal assistance is, taking into account the need for assistance in civil rights actions as well as habeas corpus suits. Secondly, it must be shown that the correction facility is meeting that need.” Noorlander v. Ciccone, supra, 489 F.2d at 650-51. Considered in the light of the Noorlander analysis, I believe there are genuine issues of material fact in this record concerning both variables.
Even taking the funding restrictions on L.A.M.P. into account, I am unable to say that the Minnesota legal assistance programs are, in practice, constitutionally inadequate. The fact that this still seems to me an open question, on this record, leads me to respectfully dissent from the majority opinion. I would remand this case to the district court for a plenary examination of plaintiff’s claim.
. Plaintiff, in his affidavit, quotes from this newspaper article as follows:
Cullen also said there is the possibility LAMP may be shut down by the state legislature. Legislators have attached a “rider” to LAMP funding, Cullen explained, which could being an end to LAMP. He said legislation to fund LAMP under the public defender budget is presently before a House Subcommittee.
“If that rider goes through,” Cullen said, “I have little doubt that one year from today (legislators) will conclude we are not performing to legislative intent” and discontinue LAMP.
Cullen said the rider establishes a review committee which at mid-biennium will check LAMP operations. The committee has the power to shut LAMP down if it is determined the organization has violated legislative intent.
A condition of LAMP’S initial funding is at the center of the problem, Cullen said that “rider prohibits LAMP from using its money to sue state or public officials or trying to change public or social policy. LAMP has taken the position it can sue to protect a prisoner’s rights under constitution.
LAMP has other problems, Cullen continued. By shifting funding to the public defender, he said it is uncertain if university law students will continue to work for LAMP as legal researchers.
Also, Cullen said he and LAMP’S other attorney are quitting the organization June 1. That, according to Cullen raises the problem of who will provide inmate legal services until new attorneys can be hired in July.
. Legal assistance to Minnesota prisoners shall serve the civil legal needs of persons confined to state institutions. None of these funds shall be used to pay for lawsuits against public agencies or public officials to change social or public policy.
Legal assistance to Minnesota prisoners shall make an interim report to the legislative commission to review administrative rules on or before July 1, 1978. The commission shall review and comment on the propriety of the cases handled and may, using the provisions of Minnesota Statutes, Section 3.965 suspend the activities of legal assistance to Minnesota prisoners.
. See Request for Admission under Rule 36, Fourth Set, 2(F):
“The plaintiff has been refused legal assistance from the L.A.M.P. project; therefore, the state is obligated to provide the plaintiff with legal materials.”
. At one point in the memorandum order of October 25, 1978, the following appears:
“Plaintiff has, on occasion, used the services offered by L.A.M.P., as the record indicates. Plaintiffs Request for Admission under Rule 36, Ex. C, August 3, 1976.” The appeal record does not reflect an exhibit of that date but does contain an Ex. C dated May 3, 1976, attached to Plaintiffs Request for Admission under Rule 36. This Ex. C is a letter from Michael Evans, L.A.M.P. student attorney to inmate Ronald Gleason, indicating that Evans assisted Gleason, not plaintiff, on two legal matters.
. In Kelsey v. State ex rel. Wood, 283 N.W.2d 892, 894 (Minn. 1979) the Minnesota Supreme Court ruled that habeas corpus would be thenceforth considered an appropriate remedy for review of prisoner claims that statutory and constitutional provisions had not been observed in parole decision making. The court noted that “ . .a high percentage of prisoners who seek judicial review of denial of parole are unlikely to be represented.” 283 N.W.2d at 895.
The post-conviction relief statute, Minn.Stat. 590.01 et seq., with respect to which the State Public Defender may be appointed, does not encompass habeas corpus relief to seek, inter alia, review of parole decision making.
. The Assistant Attorney General also said in his affidavit for summary judgment that the
Although counsel may be appointed for a federal plaintiff under 28 U.S.C. § 1915, there is no information in the record from which it can be determined how often this is done in Minnesota. These appointments are granted only in exceptional circumstances. United States v. McQuade, 579 F.2d 1180, 1181 (9th Cir. 1978).
. The fact that plaintiff apparently elected to proceed in this case, pro se, does not relieve the state of its obligation to provide a means of access to the courts. The state has made its choice that such access shall be through the availability of trained legal assistance to prisoners. In order to deny plaintiff access to an adequate law library, the state must demonstrate the adequacy of its chosen alternative. The state bears that burden, regardless of plaintiffs pro se status here, Noorlander v. Ciccone, 489 F.2d 643, 650 (8th Cir. 1973), and regardless of his frequent pro se litigation prior to this case.
Reference
- Full Case Name
- Dwight KELSEY, on his own behalf and behalf of others similarly situated v. STATE OF MINNESOTA, Kenneth Schoen, Commissioner of Corrections, Bruce McManus, as Warden of Stillwater State Prison, and their employees and agents
- Cited By
- 13 cases
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- Published