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  • Stow v. State Prison, 1st Cir. (1993)

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    The US Court of Appeals for the First Circuit upheld the district court's granting of summary judgment to the defendants. The court found that the plaintiff, an inmate, did not provide sufficient evidence that the prison's inter-library loan system requiring exact case or statutory citations for document requests denied him access to Massachusetts courts. While the system does not seem unrealistic on its face, the ruling does not prevent future challenges if the plaintiff can demonstrate specific problems amounting to a denial of access.

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    Filed: 1993-06-09 Precedential Status: Precedential Docket: 92-2412

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    The US Court of Appeals for the First Circuit upheld the district court's granting of summary judgment to the defendants. The court found that the plaintiff, an inmate, did not provide sufficient evidence that the prison's inter-library loan system requiring exact case or statutory citations for document requests denied him access to Massachusetts courts. While the system does not seem unrealistic on its face, the ruling does not prevent future challenges if the plaintiff can demonstrate specific problems amounting to a denial of access.

    Copyright:

    Public Domain
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    4 views5 pages

    Stow v. State Prison, 1st Cir. (1993)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit upheld the district court's granting of summary judgment to the defendants. The court found that the plaintiff, an inmate, did not provide sufficient evidence that the prison's inter-library loan system requiring exact case or statutory citations for document requests denied him access to Massachusetts courts. While the system does not seem unrealistic on its face, the ruling does not prevent future challenges if the plaintiff can demonstrate specific problems amounting to a denial of access.

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    of 5

    USCA1 Opinion

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    ____________________
    No. 92-2412
    WESTON J. STOW,
    Plaintiff, Appellant,
    v.
    WARDEN, NEW HAMPSHIRE STATE PRISON, ET AL.,
    Defendants, Appellees.
    ____________________
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF NEW HAMPSHIRE
    [Hon. Martin F. Loughlin, Senior U.S. District Judge]
    __________________________
    ____________________
    Before
    Torruella, Cyr and Boudin,
    Circuit Judges.
    ______________
    ____________________
    Weston J. Stow on brief pro se.
    ______________
    Jeffrey R. Howard, Attorney General, and Ann F. Larney,
    _________________
    _____________
    Attorney General, on brief for appellees.

    Assist

    ____________________
    June 9, 1993
    ____________________

    Per Curiam.
    ___________

    Plaintiff argues

    that

    the

    library loan system provides him constitutionally


    access to

    Massachusetts courts

    materials for
    citation.

    See,
    ___

    which he provides

    because he

    inadequate

    can only

    an exact case

    1, 4 (1st

    exact citation system because

    unrealistic to expect a prisoner

    obtain

    or statutory

    e.g., Cepulonis v. Fair, 732 F.2d


    ____ _________
    ____

    Cir. 1984) (criticizing

    inter-

    to know in advance

    it is
    exactly

    what materials he needs).


    The sole support
    that exact
    librarian

    citations

    are

    plaintiff provided for his


    required

    asking plaintiff to

    was

    letter

    be "as specific

    claim
    from

    as possible"

    and to make

    sure that caselaw

    and statutory citations

    Plaintiff

    did not, for

    were

    copied

    accurately.

    example, submit

    copies

    of inter-library loan requests which had been refused

    because not in exact citation form.


    The
    defendants'

    district

    to check the

    copy

    does not

    respond

    supply

    not

    err

    judgment.

    accuracy of any

    That

    identify what he

    Massachusetts

    a librarian
    and cautioned

    officials would

    or would

    needed were plaintiff

    Consequently,

    in

    present suit, which

    was essentially a

    inter-library

    system,

    loan

    granting

    citations plaintiff might

    exact citation requests

    citations.

    in

    as specific as possible

    indicate that

    only to

    plaintiff

    did

    motion for summary

    asked plaintiff to be
    him

    court

    the

    the

    not help
    unable to
    of

    the

    facial attack on

    the

    court

    context

    correctly

    entered

    -2-

    judgment

    for defendants.

    however,

    to

    specific

    problems

    a future

    Our ruling is

    lawsuit,

    utilizing the

    should

    without prejudice,
    plaintiff encounter

    inter-library

    loan system

    amounting to the level of a denial of access to Massachusetts

    courts.
    (7th

    See, e.g., Corgain


    ___ ____ _______

    Cir. 1983) (upholding

    v. Miller, 708 F.2d


    ______
    facial adequacy of

    1241, 1251
    access plan,

    but not foreclosing future challenge to plan as implemented).


    Affirmed.
    ________

    -3-

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