lewis director arizona department corrections et al casey et argued november decided june respondents inmates various prisons operated arizona department corrections adoc brought class action petitioners adoc officials alleging petitioners furnishing inadequate legal research facilities thereby depriving right access courts violation bounds smith district found petitioners violation bounds issued injunction mandating detailed systemwide changes adoc prison law libraries legal assistance programs ninth circuit affirmed finding bounds violation injunction major terms held success respondents systemic challenge dependent ability show widespread actual injury district failure identify anything isolated instances actual injury renders finding systemic bounds violation invalid pp bounds create abstract right law library legal assistance rather right bounds acknowledged right access courts thus establish bounds violation actual injury inmate must demonstrate alleged shortcomings prison library legal assistance program hindered presently hindering efforts pursue nonfrivolous legal claim requirement derives ultimately doctrine standing although bounds made mention actual injury requirement hardly thought eliminated constitutional prerequisite pp statements bounds suggesting prison authorities must also enable prisoner discover grievances litigate effectively antecedent cases disclaimed moreover bounds guarantee inmates wherewithal file every type legal claim requires provided tools attack sentences directly collaterally challenge conditions confinement pp found adoc failures respect illiterate prisoners resulted dismissal prejudice inmate bartholic lawsuit inability inmate harris file legal action pp findings injury support systemwide injunction ordered district remedy must limited inadequacy produced plaintiff established class action changes nothing even named plaintiffs class action must show personally injured see simon eastern ky welfare tights organization one named plaintiff bartholic found suffered actual result adoc failure provide special services needed light particular disability illiteracy avoid dismissal case eliminated proper scope injunction therefore provisions directed special services facilities required prisoners lockdown inmate population large furthermore inadequacy caused actual injury illiterate inmates bartholic harris sufficiently widespread justify systemwide relief finding evidence discernible record adoc prisons occupied bartholic harris illiterate inmates obtain minimal help necessary file legal claims pp reasons order stand concluding adoc restrictions lockdown inmates unjustified district failed accord judgment prison authorities substantial deference required cases turner safley also failed leave prison officials primary responsibility devising remedy compare preiser rodriguez result improper procedure inordinately intrusive order pp reversed remanded scalia delivered opinion rehnquist kennedy thomas joined parts iii souter ginsburg breyer joined thomas filed concurring opinion souter filed opinion concurring part dissenting part concurring judgment ginsburg breyer joined stevens filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press end syllabus samuel lewis director arizona corrections et petitioners fletcher casey et al bounds smith held fundamental constitutional right access courts requires prison authorities assist inmates preparation filing meaningful legal papers providing prisoners adequate law libraries adequate assistance persons trained law petitioners officials arizona department corrections adoc contend district district arizona erred finding violation bounds remedial order exceeded lawful authority thus found liability appointed special master investigate report appropriate view best accomplish goal constitutionally adequate inmate access courts app pet cert following eight months investigation degree consultation parties special master lodged proposed permanent injunction proceeded adopt substantially unchanged injunctive order see mandated sweeping changes designed ensure adoc provide meaningful access courts present future prisoners specified minute detail times libraries kept open number hours library use inmate entitled per week minimal educational requirements prison librarians library science degree law degree paralegal degree content videotaped course inmates prepared persons appointed special master funded adoc similar matters injunction addressed concern lockdown prisoners ordering adoc prisoners housing areas custody levels shall provided regular comparable visits law library except visits may postponed individual basis prisoner documented inability use law library without creating threat safety security physical condition determined medical personnel prevent library use respect illiterate inmates injunction declared entitled direct assistance lawyers paralegals sufficient number least minimally trained prisoner legal assistants enjoined adoc articular steps must taken locate train bilingual prisoners legal assistants petitioners sought review appeals ninth circuit refused grant stay prior argument stayed injunction pending filing disposition petition writ certiorari several months later ninth circuit affirmed finding bounds violation minor exceptions important terms injunction granted certiorari ii foregoing analysis pertinent respondents seem assume right right actual threatened harm must right law library legal assistance bounds established right estelle established right prison hospital right bounds acknowledged already right access courts bounds cases bounds traced roots protected right prohibiting state prison officials actively interfering inmates attempts prepare legal documents johnson avery file ex parte hull requiring state courts waive filing fees burns ohio transcript fees griffin illinois indigent inmates bounds focused entitlement access courts although affirmed order requiring north carolina make law library facilities available inmates stressed merely one constitutionally acceptable method assure meaningful access courts decision foreclose alternative means achieve goal bounds words prison law libraries legal assistance programs ends means ensuring reasonably adequate opportunity present claimed violations fundamental constitutional rights courts bounds create abstract right law library legal assistance inmate establish relevant actual injury simply establishing prison law library legal assistance program theoretical sense precise analogue healthy inmate claiming constitutional violation inadequacy prison infirmary insofar right vindicated bounds concerned meaningful access courts touchstone bounds internal quotation marks omitted inmate therefore must go one step demonstrate alleged shortcomings library legal assistance program hindered efforts pursue legal claim might show example complaint prepared dismissed failure satisfy technical requirement deficiencies prison legal assistance facilities known suffered arguably actionable harm wished bring courts stymied inadequacies law library unable even file complaint although bounds made mention requirement hardly thought eliminated constitutional prerequisite actual injury apparent face almost opinions line cases bounds relied see moreover assumption requirement seems us implicit opinion statement encourage local experimentation various methods assuring access courts one experiment example might replace libraries minimal access legal advice system forms contained original complaints two significant cases recent years sandin conner hudson mcmillian asked inmates provide facts attempt legal analysis hardly think meant experimenting alternative simply announcing whereupon suit immediately lie declare theoretically inadequate bring experiment close think envisioned instead new program remain place least inmate demonstrate nonfrivolous legal claim frustrated impeded must acknowledged several statements bounds went beyond right access recognized earlier cases relied right bring grievance inmate wished present see ex parte hull griffin illinois johnson avery statements appear suggest state must enable prisoner discover grievances litigate effectively see bounds supra elaborations upon right access courts antecedent cases disclaim demand conferral sophisticated legal capabilities upon mostly uneducated indeed largely illiterate prison population effectively demand permanent provision counsel believe constitution requires finally must observe injury requirement satisfied type frustrated legal claim nearly cases bounds line involved attempts inmates pursue direct appeals convictions incarcerated see douglas california burns ohio griffin illinois supra cochran kansas habeas petitions see johnson avery supra smith bennett ex parte hull supra wolff mcdonnell extended universe relevant claims slightly civil rights actions actions section vindicate basic constitutional rights significantly felt compelled justify even slight extension right access courts stressing demarcation line civil rights actions habeas petitions always clear futile contend civil rights act less importance constitutional scheme great writ ibid prison law library imposed bounds far facility rejecting contention state proposed collection inadequate district said feel inmates need entire code annotated code deals federal laws regulations never involve state prisoner also opinion cost digest modern federal practice digest surpass usefulness research aids cover mostly areas concern inmates supplemental app pet cert bounds smith petitioners contend lack access experienced two inmates attributable unconstitutional state policies adoc met constitutional obligations brief petitioners claim appears inmates including illiterate right nothing physical access excellent libraries plus help legal assistants law clerks misreads bounds said guarantees particular methodology rather conferral capability bringing contemplated challenges sentences conditions confinement courts inmate even illiterate inmate shows actionable claim nature desired bring lost rejected presentation claim currently prevented capability filing suit provided demonstrates state failed furnish adequate law libraries adequate assistance persons trained law bounds emphasis added course leave prison officials determine best ensure inmates language problems reasonably adequate opportunity file nonfrivolous legal claims challenging convictions conditions confinement capability rather capability turning pages law library touchstone less true respect class actions respect suits suit may class action adds nothing question standing even named plaintiffs represent class must allege show personally injured injury suffered unidentified members class belong purport represent simon eastern ky welfare rights organization quoting warth seldin general allegations complaint present case may well sufficed claim injury named plaintiffs hence standing demand remediation respect various alleged inadequacies prison system including failure provide adequate legal assistance inmates lockdown prisoners point irrelevant however beyond pleading stage since mere pleading requirements rather indispensable part plaintiff case element standing must supported way matter plaintiff bears burden proof manner degree evidence required successive stages litigation pleading stage general factual allegations injury resulting defendant conduct may suffice motion dismiss presume general allegations embrace specific facts necessary support claim response summary judgment motion however plaintiff longer rest mere allegations must set forth affidavit evidence specific facts purposes summary judgment motion taken true final stage facts controverted must supported adequately evidence adduced trial lujan defenders wildlife citations internal quotation marks omitted remediation inadequacy caused bartholic injury question remains inadequacy widespread enough justify systemwide relief findings supporting proposition adoc facilities illiterate inmate wishing file claim unable receive assistance necessary finding respect bartholic florence facility finding harris incarcerated perryville unable file legal actio app pet cert two instances patently inadequate basis conclusion systemwide violation imposition systemwide relief see dayton bd ed brinkman instead tailoring remedy commensurate three specific violations appeals imposed systemwide remedy going beyond scope systemwide impact may systemwide remedy califano yamasaki scope injunctive relief dictated extent violation established geographical extent plaintiff class sure district also noted trial testimony indicated prisoners unable research law functional illiteracy discussed however constitution require prisoners literate illiterate able conduct generalized research able present grievances limited capability produced much limited degree legal assistance apart dismissal bartholic claim prejudice harris inability file claim finding far discern record evidence arizona prisons illiterate prisoners obtain minimal help necessary file particular claims wish bring courts constitutional violation shown systemwide granting remedy beyond necessary provide relief harris bartholic therefore improper iii prison administrators courts make difficult judgments concerning institutional operations subjecting judgments prison officials inflexible analysis seriously hamper ability anticipate security problems adopt innovative solutions intractable problems prison administration ibid citation omitted quoting jones north carolina prisoners labor union district failed accord adequate deference judgment prison authorities least three significant respects first concluding adoc restrictions lockdown prisoners access law libraries unjustified turner principle deference special force regard issue since inmates lockdown include dangerous violent prisoners arizona prison system inmates presenting special disciplinary security concerns brief petitioners district made much fact lockdown prisoners routinely experience delays receiving legal materials legal assistance long days long product prison regulations reasonably related legitimate penological interests delays constitutional significance even result actual injury course district find second injunction imposed district need belabor point one need read order see app pet cert appreciate ne plus ultra opinions lamented name constitution becom ing enmeshed minutiae prison operations bell wolfish finally order developed process failed give adequate consideration views state prison authorities said strong considerations comity require giving state system convicted defendant first opportunity correct errors also require giving first opportunity correct errors made internal administration prisons preiser rodriguez illustration proper procedure case need look bounds granting summary judgment inmates district refrained dictat ing precisely course state follow bounds rather recognizing determining appropriate relief ordered presents difficult problem charge department correction task devising constitutionally sound program assure inmate access courts state responded proposal district ultimately approved minor changes considering objections raised inmates praised procedure observing scrupulously respected limits role thrust ing prison administration instead permitting rison administrators exercis wide discretion within bounds constitutional requirements bounds exemplar done case model district totally failed heed admonition preiser found violation right access courts conferred upon special master law professor flushing new york rather upon adoc officials responsibility devising remedial plan make matters worse severely limited remedies master choose view order earlier case order adopted recommendations special master resolved successfully issues involved litigation instructed issues implement earlier order statewide modifications parties special master determine necessary due particular circumstances prison facility app pet cert omitted state entitled far opportunity rebuttal ground alone order set aside foregoing reasons reverse judgment appeals remand case proceedings consistent opinion ordered justice thomas concurring constitution charges federal judges deciding cases controversies running state prisons yet frequently federal district courts name constitution effect wholesale takeovers state correctional facilities run judicial decree case textbook example dissatisfied quality law libraries legal assistance arizona correctional institutions district imposed statewide decree arizona department corrections adoc dictating excruciatingly minute detail program assist inmates filing permissible noise levels library reading rooms gross overreaching federal district simply tolerated federal system principles federalism separation powers dictate exclusive responsibility administering state prisons resides state officials course prison officials must maintain facilities consistent restrictions obligations imposed constitution bounds smith recognized part state constitutional obligations duty provide prison inmates law libraries legal assistance state expense obligation described part loosely defined right access courts enjoyed prisoners constitution may guarantee state inmates opportunity bring suit vindicate federal constitutional rights find basis bounds cited right government finance endeavor join majority opinion places sensible limitations seemingly limitless right assistance created bounds clarifies scope federal courts authority subject state prisons remedial decrees write separately make clear doubts validity bounds reiterate observation missouri jenkins federal judiciary last exercising equitable powers issuing structural decrees entirely line constitutional mandate bounds smith supra recognized first time fundamental constitutional right inmates state assist preparation filing meaningful legal papers explicit forms state assistance must take hold minimum must furnish prisoners adequate law libraries adequate assistance persons trained law ibid although cases prior bounds occasionally referenced constitutional right access courts never recognized freestanding constitutional right requires shoulder affirmative obligations order insure inmate access courts adequate effective meaningful recognition broad novel principles constitutional law rare enough system law expected bounds explain length constitutional basis right legal materials legal assistance majority opinion bounds failed identify single provision constitution support right created case fact go unnoticed strong dissents chief justice burger rehnquist see burger dissenting leaves us unenlightened source right access courts perceives requirement foot bill assuring access prisoners want act legal researchers brief writers rehnquist dissenting fundamental constitutional right access courts announces today created virtually whole cloth little reference constitution supposed derived dissents calls explanation provision constitution guarantees prisoners right consult law library legal assistant however went unanswered perhaps surprising three years bounds decided admitted precise rationale many access courts cases bounds relied never explicitly stated clause thus far advanced provides entirely satisfactory basis result reached ross moffitt weakness constitutional analysis bounds punctuated inability years since agree upon constitutional source supposed right described right articulated bounds consequence due process murray giarratano plurality opinion citing procunier martinez aspect equal protection citation omitted equal protection guarantee pennsylvania finley instance however engaged rigorous constitutional analysis basis asserted right thus even endeavor address question presented district order exceeds constitutional requirements set forth bounds pet cert without knowing amendment constitution governs inquiry goes without saying ordinarily require exactitude evaluating asserted constitutional rights general matter always reluctant extend constitutional protection area guideposts responsible decisionmaking scarce collins harker heights bedrock principle judicial restraint right lodged firmly text tradition specific constitutional provision recognize fundamental strict adherence approach essential fulfill constitutionally assigned role giving full effect mandate framers without infusing constitutional fabric political views griffin instance invalidated illinois rule charged criminal defendants fee trial transcript necessary secure full direct appellate review criminal conviction see frankfurter concurring judgment see also ross moffitt supra though held fee unconstitutional decision turn effectiveness adequacy access afforded criminal defendants generally quite explicit reaffirming principle state required federal constitution provide appellate courts right appellate review griffin supra emphasis added citing mckane durston indeed griffin unanimous point see frankfurter concurring judgment settled due process law require state afford review criminal judgments burton dissenting illinois majority admit thus deny appeal altogether criminal case without denying due process law harlan dissenting majority concedes fourteenth amendment require provide kind appellate review light griffin unanimous pronouncement state constitutionally required provide access criminals wish challenge convictions bounds description griffin ensuring adequate effective appellate review quoting griffin supra unsustainable instead griffin rested quite different principle state obliged provide appeals criminal cases review state chooses afford must administered way excludes indigents appellate process solely account poverty mistaking principle motivated griffin true state required federal constitution provide appellate courts right appellate review say state grant appellate review way discriminates convicted defendants account poverty stages proceedings due process equal protection clauses protect indigent persons invidious discriminations equal justice kind trial man gets depends amount money destitute defendants must afforded adequate appellate review defendants money enough buy transcripts plurality opinion citation omitted left doubt basis decision griffin eliminated two decades later douglas california held first time must provide assistance counsel first appeal right indigent defendants like griffin douglas turned right access per se rather right denied basis poverty access afforded others say douglas indigents right meaningful appeal realized absent appointed counsel compare bounds say absence counsel lacking equality demanded fourteenth amendment rich man appeals right enjoys benefit counse indigent forced shift douglas supra griffin held state may grant appellate review way discriminate convicted defendants account poverty douglas evil motivating decision douglas discrimination indigent ibid transcript fee cases therefore limited holdings rooted principles equal protection bounds cases recharacterized almost beyond recognition created new different right behalf right state pay law libraries forms legal assistance without regard equality access divorcing prior holdings reasoning elevating dicta constitutional principle able reach result unjustified transformation right nondiscriminatory access courts broader untethered right legal assistance generally reason enough conclude bounds wrongly decided however even assuming bounds properly relied upon griffin line cases proposition cases actually stood bounds failed address significant intervening development jurisprudence fact equal protection theory underlying griffin progeny largely abandoned prior bounds provisions invalidated transcript fee cases facially neutral administrative regulations disparate impact poor indication cases state imposed challenged fee purpose deliberately discriminating indigent defendants see douglas harlan dissenting criticizing invalidating state law general applicability solely may affect poor harshly rich years douglas bounds however rejected disparate impact theory equal protection clause doctrinal basis griffin progeny largely fact bounds invalidity right law libraries legal assistance created bounds first cast doubt proposition facially neutral law violates equal protection clause solely disparate impact poor san antonio independent school dist rodriguez rodriguez respondents challenged texas traditional system financing public education equal protection clause ground system poorer people receive less expensive educations affluent people rejecting claim sort disparate impact amounted unconstitutional discrimination declined respondents invitation extend rationale griffin douglas similar cases explained cases unless group claiming discrimination basis poverty show completely unable pay desired benefit consequence sustained absolute deprivation meaningful opportunity enjoy benefit emphasis added strict scrutiny classification based wealth apply respondents rodriguez shown children districts relatively low assessable property values receiving public education rather claimed receiving poorer quality education available children districts assessable wealth emphasis added held texas system operate peculiar disadvantage suspect class rodriguez clear wealth discrimination alone provid adequate basis invoking strict scrutiny least wealth involved equal protection clause require absolute equality precisely equal advantages see also kadrmas dickinson public schools harris mcrae maher roe rejected disparate impact theory equal protection clause altogether washington davis decided one term bounds flatly rejected idea law neutral face serving ends otherwise within power government pursue invalid equal protection clause simply may affect greater proportion one race another held absent proof discriminatory purpose law official act violate constitution solely disproportionate impact emphasis original see also acknowledging basic equal protection principle invidious quality law claimed racially discriminatory must ultimately traced racially discriminatory purpose bottom davis recognition settled rule fourteenth amendment guarantees equal laws equal results personnel administrator mass feeney davis motivated small part potentially radical implications douglas rationale justice harlan recognized douglas financial exaction state imposes uniform basis easily satisfied indigent dissenting opinion disparate impact theory justice harlan argued regulatory measures always considered constitutionally valid sales taxes state university tuition criminal penalties struck see echoing justice harlan rejected davis disparate impact approach part recognition rule statute designed serve neutral ends nevertheless invalid absent compelling justification practice benefits burdens one race another far reaching raise serious questions perhaps invalidate whole range tax welfare public service regulatory licensing statutes may burdensome poor average black affluent white see also given unsettling ramifications disparate impact theory surprising eventually reached point longer extend reasoning griffin douglas instance ross moffitt decided three years bounds declined extend douglas require provide indigents counsel discretionary state appeals seeking discretionary review explained ross fourteenth amendment require absolute equality precisely equal advantages quoting rodriguez require state equalize economic conditions quoting griffin frankfurter concurring judgment declined extend douglas pennsylvania finley rejected claim constitution requires provide counsel state postconviction proceedings found ross finley controlling murray giarratano held defendants sentenced death like defendants right counsel state collateral proceedings see also maccollom federal habeas statute permitting district judge deny free transcript indigent petitioner raising frivolous claim violate constitution sum bounds reliance transcript fee cases misplaced two significant respects first cases stand proposition bounds cited equal access access per se second constitutional basis griffin progeny seriously undermined years preceding bounds thus even extent bounds intended rely cases propositions actually stood underlying rationale largely discredited cases rooted largely obsolete theories equal protection support right law libraries legal assistance recognized bounds repeated holdings declining extend decisions confirm conclusion bounds identified ex parte hull first case recogniz constitutional right access courts ex parte hull considered prison regulation required prisoners submit habeas corpus petitions prison administrator filing administrator determined petition properly drawn prisoner submit federal quoting regulation invalidated regulation right acknowledged bears resemblance right generated bounds reasoning ex parte hull consists straightforward rather limited principle state officers may abridge impair petitioner right apply federal writ habeas corpus whether petition writ habeas corpus addressed federal properly drawn allegations must contain questions alone determine two subsequent decisions worked moderate expansion ex parte hull first johnson avery invalidated tennessee prison regulation prohibited inmates advising assisting one another preparation habeas corpus petitions striking regulation twice quoted ex parte hull holding state may abridge impair petitioner efforts file petition writ habeas corpus see contrast ex parte hull however johnson focused respective institutional roles state prisons federal courts fundamental importance writ habeas corpus constitutional scheme still hold constitution places affirmative obligation facilitate filing habeas petitions held state may den obstruc prisoner ability file habeas petition ibid extended holding johnson wolff mcdonnell struck similar regulation prevented inmates assisting one another preparation civil rights complaints held right access courts upon avery premised founded due process clause assures person denied opportunity present judiciary allegations concerning violations fundamental constitutional rights right framed exclusively negative see ibid opportunity file civil rights action may denied thus prior bounds prisoner incarcerated pursuant final judgment conviction prevented physical access federal courts order may file therein petitions relief congress authorized courts grant ha accorded constitutional right access courts cases ha articulated reasoned way bounds rehnquist dissenting citing ex parte hull end agree constitution affords prisoners termed right access courts right rooted due process clause principle articulated ex parte hull right arbitrarily prevented lodging claimed violation federal right federal state however constitutionally required finance otherwise assist prisoner efforts either law libraries legal assistance whether expend state resources facilitate prisoner lawsuits question policy one constitution leaves discretion basis history tradition proposition state constitutional obligation broader although historical record relatively thin explored development legal assistance prisoners agree recently law libraries prisons nearly nonexistent flores werner manual prison law libraries ed prior bounds prison library collections extent prisons libraries commonly reflected correctional goals state wished advance whether religious educational rehabilitative although institutions may begun acquire minimal collection legal materials early part century law books generally included prison libraries prior see coyle libraries prisons exclusion law books consistent recommendation american prison association advised prison administrators nationwide omit federal state law books prison library collections see american prison association objectives standards libraries adult prisons reformatories library manual correctional institutions rise prison law library legal assistance programs recent phenomenon one generated largely federal courts see coyle supra vogel count prison library handbook see also ihrig providing legal access libraries inside practical guide prison librarians rubin suvak eds establishment law libraries legal service programs due inmate victories courts within last two decades thus far recognizing long tradition legal assistance prisoners bounds fact major disruption traditional prison operation vogel supra idea prisoners legal right assistance traditionally denied also recent vintage traditional view law regard state obligation facilitate prisoner lawsuits providing law libraries legal assistance articulated hatfield bailleaux cert denied state authorities obligation federal constitution provide library facilities opportunity use enable inmate search legal loopholes judgment sentence held perform services lawyer trained perform inmates presumed confined valid judgments sentences inmate believes meritorious reason attacking must given opportunity due process right spend prison time utilize prison facilities effort discover ground overturning presumptively valid judgment inmates constitutional right waive counsel act lawyers mean must given opportunity acquire legal education one question inmate must decide determining represent whether view competency general prison regulations adequately must make decision light circumstances existing state duty alter circumstances conform decision ccess courts means opportunity prepare serve file whatever pleadings documents necessary appropriate order commence prosecute proceedings affecting one personal liberty assert sustain defense therein send receive communications judges courts lawyers concerning matters quite simply basis constitutional text precedent history tradition conclusion constitutional right access imposes affirmative obligations finance support prisoner litigation ii principles federalism separation powers impose stringent limitations equitable power federal courts principles accorded proper respect article iii understood authorize federal judiciary take control core state institutions like prisons schools hospitals assume responsibility making difficult policy judgments state officials constitutionally entitled uniquely qualified make see slip broad remedial decrees strip state administrators authority set goals institutions manage flexibility necessary make reasonable judgments short notice difficult circumstances see sandin conner slip state level decrees override state discretionary authority program budgets forc state officials reallocate state resources funds district plan expense citizens government programs institutions represented jenkins slip thomas concurring federal judiciary make types judgments framers never imagined federal judges displace state executive officials state legislatures charting state policy though sometimes closed eyes federal judicial overreaching context school desegregation see id slip vigilant opposing sweeping remedial decrees context prison administration difficult imagine activity state stronger interest one intricately bound state laws regulations procedures administration prisons preiser rodriguez area perhaps faithful principles federalism separation powers limit federal judiciary exercise equitable powers instances procunier martinez articulated governing principles traditionally federal courts adopted broad attitude toward problems prison administration part policy product various limitations scope federal review conditions state penal institutions fundamentally attitude springs complementary perceptions nature problems efficacy judicial intervention prison administrators responsible maintaining internal order discipline securing institutions unauthorized access escape rehabilitating extent human nature inadequate resources allow inmates placed custody herculean obstacles effective discharge duties apparent warrant explication suffice say problems prisons america complex intractable point readily susceptible resolution decree require expertise comprehensive planning commitment resources peculiarly within province legislative executive branches government reasons courts ill equipped deal increasingly urgent problems prison administration reform judicial recognition fact reflects healthy sense realism moreover state penal institutions involved federal courts reason deference appropriate prison authorities footnotes omitted realize judges less others society natural tendency believe individual solutions often intractable problems better workable persons actually charged trained running particular institution examination bell wolfish judges occupy unique limited role one allow substitute views executive legislative branches various constitutional authority institutional expertise make uniquely nonjudicial decisions ultimately accountable decisions though temptation may great must succumb constitution license federal judges social policy goals prison administrators discretion declined advance district cited one instance prison inmate case dismissed due state alleged failure provide sufficient assistance one instance another inmate unable file action see supp nn alleged violations found district related access library facilities legal assistance many found violations trivial missing pocket part small number volumes institutions though every facility arizona system already contained law libraries greatly exceeded prisoner needs district found state violation prison libraries lacked pacific second reporters ibid district also struck regulations clearly pass muster turner safley restrictions facilities brows ing shelves physical exclusion library lockdown inmates dangerous disobedient prisoners prison population allowance phone calls legitimate pressing legal issues remedy similar violations district imposed sweeping indiscriminate decree microscopically detailed order leaves stone unturned covers everything training legal research ratio typewriters prisoners facility dictates hours operation prison libraries statewide without regard inmate use staffing cost guarantees prisoner minimum visit library per trip allows prisoner prison officials determine reading room use order tells adoc types forms must use take respond prisoner requests materials requires librarians advanced degree library science law paralegal studies state wishes remove prisoner law library disciplinary reasons order requires prisoner provided written notice reasons factual basis decision within hours removal order goes far dictate permissible noise levels law library reading rooms requires state take necessary steps correct structural acoustical problems app pet cert order also creates legal assistance program imposing rules selection retention prisoner legal assistants requires state provide inmates hour legal research course covering everything habeas corpus claims section torts immigration family law prisoner legal assistants required additional hours live instruction prisoners also entitled minimum three phone calls week attorney legal organization without regard purpose call order expressly requires arizona install extra phones accommodate increased use course legal supplies covered order even provides correct typographical errors special master retains ongoing supervisory power ensure order followed district even usurped authority prison administrator core responsibility institutional security discipline see bell wolfish maintaining institutional security preserving internal order discipline central goals prison administration apparently undeterred repeated admonitions security concerns handled prison administrators see district decreed adoc prisoners custody levels shall provided regular comparable visits law library app pet cert emphasis added prison administrators documen individual prisoner inability use law library without creating threat safety security may potentially dangerous prisoner kept library even decision must reported special master since district view prisoner adequately use law library restraint including handcuffs shackles state apparently powerless take steps ensure inmates known violent injure inmates prison guards law library researching claims one free bite approach conflicts caselaw see hewitt helms basic common sense district apparently misunderstood prison neither law firm legal aid bureau prisons inherently dangerous institutions decisions concerning safety order discipline must always left sound discretion prison administrators like remedial decree jenkins district order suffers flaws characteristic overly broad remedial decrees first district retained jurisdiction implementation modification remedial decree instead terminating involvement issuing remedy slip thomas concurring arizona correctional officials must continually report special master matters internal prison administration district retained discretion change rules game unspecified point future feels arizona done enough facilitate access thus district inject ed judiciary management institutions local function lies outside article iii competence ibid district also failed target equitable remedies case specifically cure harm suffered victims unconstitutional conduct slip reaffirmed jenkins nature equitable remedy determined nature scope constitutional violation slip majority opinion citation internal quotation marks omitted yet case district found law library handful institutions deficient subjected entire system requirements decree ongoing federal supervision found lockdown inmates experienced delays receiving law books institutions district required facilities statewide provide physical access inmates regardless custody level found prisoners facilities untrained legal research district required state provide inmates institutions hour videotaped course legal research remedy far exceeded scope violation district far exceeded scope authority district order stand circumstances stark example district finds state institution violated constitution systemwide relief never appropriate absence systemwide violation even broader last longer necessary remedy discrete constitutional violation justice souter justice ginsburg justice breyer join concurring part dissenting part concurring judgment agree certain fundamental points case us involves injunction whose scope yet justified factual findings district ante one imposed process failed give adequate consideration views state prison authorities ante reflect deference accord state prison officials turner safley ante although therefore concur judgment portions opinion reservations treatment standing doctrine certain points unnecessary decision lead write separately certainly free raise issue standing going article iii jurisdiction must lack jurisdiction deal merits see mount healthy city bd ed doyle apparent question standing least one plaintiffs suffices jurisdiction dispute standing doctrine address principal issue case may thus adequately dispose basic issue simply referring evidentiary record review cases courts appeals either treating bearing subject bounds standing convinces enough reason debate appropriate elements reach final conclusions especially true since benefit briefing argument informed appreciation potential breadth ruling missouri jenkins slip souter dissenting addressing issues standing may amount significant breakdown process orderly adjudication represented missouri jenkins reach address difficult conceptual question unnecessary resolution case never addressed district appeals divides otherwise presumably unanimous said say convinced fallen error invoking standing deal district orders addressing claims behalf speakers prisoners lockdown true demise prisoners bounds claims expressed failure proof merits express equally correct see plaintiffs losing standing determination even end trial prepared award remedy benefit plaintiff may expressed conclusion plaintiff lac standing wright miller cooper federal practice procedure section ed wright miller although application standing doctrine may purposes dispose challenge remedial orders insofar touch speakers lockdown prisoners standing principles job reviewing challenges orders aimed providing access illiterate prisoners one class representative standing concedes right sue thus established standing doctrine part play considering illiterate prisoners claims specifically propriety awarding relief case affecting entire prison system require demonstration unnamed class satisfy standing requirements named plaintiffs unnamed plaintiffs need make individual showing standing order obtain relief standing issue focuses whether plaintiff properly whether represented parties absent class members properly whether named plaintiff meets individual standing requirements may assert rights absent class members neither standing issue article iii case controversy issue depends meeting prerequisites rule governing class actions newberg conte newberg class actions section pp ed justice scalia says applying standing rule concludes also systemic relief inappropriate ante accept assurance also makes clear rest conclusion rest mine solely failure prove every arizona prison even many state denied access illiterate prisoners point take every member agrees instead explains failure prove two illiterate prisoners suffered prejudice nonfrivolous claims least part reason reversal since intend applying standing rule saying assume applying rule requiring denial relief trial evidence show existence class injured claimants route unnecessary complicating route standing indeed distinction standing rules might practically irrelevant case however important precedent cases propriety order systemic relief illiterate prisoners turn standing class members certainly need turn rules clearly turn respondents failure prove denials access illiterate prisoners pervaded state prison system leaving aside question whether failure proof might dealt reconsidering class certification see fed rule civ proc wright miller supra section state evidence simply left district without adequate basis exercise equitable discretion issuing order covering entire system injunction example imposed detailed rules requirements upon state prison libraries including rules library hours supervision prisoners within facilities request forms educational training requirements librarians staff members prisoners access stacks inventory findings shown libraries shambles throughout prison system degree intrusion might reasonable findings included specific acknowledgement enerally facilities appear complete libraries supp district found certain prison libraries allow inmates browse shelves volumes libraries lacked pocket parts certain librarians libraries lacked law library science degrees prison staff members training legal research given adequately stocked libraries go far satisfying bounds requirements abuse discretion district aggregate discrete problems individual prisons treat prevailed throughout prison system purpose justifying broad remedial order covering virtually every aspect prison library elements injunction simply unsupported factual finding district example made factual findings problems prisoners may encountered noise library let alone findings noise violations interfered prisoners access courts yet imposed requirement across board state correct structural acoustical problems app pet cert overreaching evidentiary record application standing even rules calls judgment reversed finally even regard portions injunction based upon much stronger evidence bounds violation remand simply district failed provide state ample opportunity participate process fashioning remedy seems considered implications turner holds case example district correct conclude prisoners experience delays receiving books receive limited number books end delay denied access courts unlikely proper application turner justified decision order state grant lockdown prisoners physical access stacks given significance state safety interest maintaining lockdown system existence alternative improved paging system acceptable respondents brief respondents ii disagree order meet standards case involve substantial systemic deprivation access prisoner suing bounds must assert something abstract desire adequate library access mechanism nevertheless believe prisoner must generally underlying claim grievance seeks judicial relief endorse standing requirement imposes view district may required examine merits plaintiff underlying claim order determine whether standing litigate bounds claim ante require determination claim nonfrivolous ante legal sense claim relief least arguable law fact contrast go require prisoner concrete grievance gripe conditions confinement validity conviction perhaps problem seek legal redress see part infra even though claim based grievance might well fail sooner later judicial process three reasons supporting sufficient standard first existence underlying grievance ultimate legal merit gives prisoner concrete interest litigation thus assure serious adversarial treatment bounds claim second bounds recognized right access seek adjudication sure winners likely winners possible winners see bounds describing constitutional right access without limiting right prisoners meritorious claims see also ante describing right access even bounds covering grievance inmate wished present citations omitted finally insistence nonfrivolous claim rather concrete grievance standing requirement guarantee lot preliminary litigation nothing prison system blessed lack prisoners nonfrivolous complaints always turn turned one way bounds litigation occur last point may says answer suggestion need underlying claim requirement bounds claim complete systemic denial means access view courts appeals seen issue otherwise certainly reserve issue day might actually addressed parties case us sum go hold case involving substantial systemic deprivation access article iii requirements normally satisfied prisoner demonstrates complaint grievance meritorious prison system validity conviction raise library research advice judicial review form complaint means access chosen state indicate actionable claim access scheme provided prison inadequate research consult file litigate claim case may stringent standing requirement course serve curb courts interference prison administration legitimate object adequately served two rules existing law bounds makes clear means providing access subject state choice example state wishes avoid judicial review library standards adequacy library services choose means access involving use procedure mentioned today ante judicial remedy whatever chosen means access must consistent rule turner safley prison restrictions valid reasonably related valid penological interests turner level scrutiny surely serves limit undue intrusions thus obviates need protection absence evidence turner framework adequately channel discretion federal courts reason toughen standing doctrine provide additional perhaps unnecessary protection danger instead relying reasonable existing safeguards interference resolution case forces district engage extensive believe needless enquiries underlying merit prisoners claims initial final stages trial renders properly certified classes vulnerable constant challenges throughout course litigation risk district courts simply conclude prisoner class actions unmanageable least overlooks class action lending systemwide order relief consistent turner avoids multiplicity separate suits remedial orders undermine efficiency district surely exhaust legal resources state prison system iii iv justice stevens dissenting fourteenth amendment prohibits depriving person life liberty property without due process law least one characterized prison inmate mere slave state ruffin commonwealth recent decades repeatedly held convicted felon loss liberty total see turner safley cruz beto prison walls separat inmates protections constitution turner even convicted criminals retain liberties enjoyed live outside walls communities prisoners day return within residuum liberty retained prisoners freedoms identified first amendment constitution freedom worship according dictates conscience estate shabazz cruz freedom communicate outside world thornburgh abbott freedom petition government redress grievances johnson avery exercise freedoms may course regulated constrained custodians may obliterated either actively passively indeed cases make clear must take certain affirmative steps protect essential aspects liberty might otherwise survive controlled prison environment right access courts ante one aspects liberty must affirmatively protect provide appellate review criminal convictions example affirmative duty make transcripts available indigent prisoners free charge griffin illinois requiring waive transcript fees indigent inmates see also burns ohio requiring waive filing fees indigent prisoners also protects inmate right file complaints whether meritorious see ex parte hull affirming right file habeas petitions even prison officials deem meritless case petition issue meritless inmate right access fellow inmates able assist inmate preparing reasonable adequacy complaints johnson wolff mcdonnell almost two decades explicitly included right prisoners access adequate law libraries adequate assistance persons trained law bounds smith points free experiment types legal assistance provide inmates ante long experiment provides adequate access constitutional violations alleged case similar district previously found one arizona nine prisons see gluth kangas supp aff complaint case filed prisoners behalf class including inmates arizona prison system prisoners alleged state institutions provided inadequate access legal materials assistance app result risoners harmed denial meaningful access courts district agreed concluding state failed throughout prison system provide adequate access legal materials particularly administrative segregation lockdown state failed provide adequate legal assistance illiterate speaking inmates giving parties opportunity participate process drafting remedy entered detailed agree excessively see infra order correct state violations understand record state argued right effective access courts articulated bounds limited way challenged standing named plaintiffs represent class questioned propriety district order allowing case proceed class action also unaware objection made district plaintiffs constitutional standing case state appears conceded standing respect claims appeals yet majority chooses address issues unnecessarily instances incorrectly example although certainly jurisdictional issue inquire absent objection parties even majority finds record least two plaintiffs standing case ante sufficient satisfy constitutional concerns yet spends pages disagreeing even reason delve standing requirements case view requirements excessively strict think perfectly clear prisoners standing even absent specific examples failed complaints constitutional right effective access prisoner alleges personally denied right standing sue one first cases address directly right access courts illustrates principle particularly well ex parte hull reviewed constitutionality state prison rule impeded inmate access courts rule authorized corrections officers intercept mail addressed refer legal investigator parole board determine whether sufficient merit claim justify submission meritless claims simply delivered petitioner hull succeeded smuggling papers father turn delivered although held smuggled petition insufficient merit even require answer state nevertheless held regulation invalid simple sufficient reason state officers may abridge impair petitioner right apply federal writ habeas corpus first glance novel approach adopted today suggests prisoners refused opportunity file claims later found arguable merit able challenge rule clearly unconstitutional one addressed hull perhaps standard somewhat lower appears first instance using hull example suggests even facially meritless petitions provide sufficient basis standing see ante nonetheless prisoners uniquely subject control state unconstitutional restrictions right access nearly absolute bars like hull inadequate legal ability prisoners identify articulate present courts injuries flowing control believe prisoner claims impeded barriers alleged constitutionally sufficient disagreement complete respondents counsel essentially relief ordered district broader necessary redress constitutional violations identified district findings therefore agree case remanded agree however decision use case opportunity meander laws standing access courts expanding standing requirements limiting rights obvious concern case simple disjunct limited scope injuries articulated district findings remedy ordered result petitioner concerns regarding order addressed simple remand see need resolve constitutional issues reaches address well aware much discussion preceding part iii unnecessary decision reflecting view district railroaded state accepting order lock stock barrel concludes last page decision state entitled far opportunity rebuttal ground alone order set aside ante extent majority suggests order case flawed breakdown process negotiation generally precede systemic relief agree also agree failure process alone justify remand case emphatically disagree however characterization blame objectionable character final order much blame breadth propose placed squarely lap state fair evaluation procedures followed case must begin reference gluth earlier case district judge found petitioners guilty systemic constitutional violation one facility case district expressly found state officials demonstrated callous unwillingness face issues pursued diversion ary tactics forced take extraordinary measures gluth despite request propose appropriate remedy officials refused apparent defense tactics played important role decision appoint special master assist fashioning remedy ordered gluth order affirmed appeals respondents commence action seeking obtain similar relief entire inmate population trial lasted days course two months district found several petitioners policies denied illiterate speaking prisoners meaningful access courts given precedent established gluth express approval plan appeals district evaluation state conclusions regarding likelihood voluntary remedial schemes particularly view state unwillingness play constructive role remedy stage case district unreasonably entered order appointing special master directing propose similar remedy case although district instructed parties submit specific objections remedial template derived gluth see app pet cert nothing order prevented state submitting proposals without waiving right challenge findings liability issues right object remedial proposals either master respondents district also told parties consider settlement offers instructed master provide guidance counsel either parties may request effect settlement response invitations participate remedial process state filed four sets written objections course six months special master evaluating proposed order see app although master rejected half narrow objections accepted equal number noting state limited formal participation important helpful proposed order permanent injunction civ iii master released proposed order state offered another round objections see app although district informed master objections considered reasonably noted state aware six months potential scope order mounted objections prior deadline set beginning process one might imagined state faced potential remedial scheme ante taken care protect interests district special master particularly given express willingness consider state objections failed zealously represent interests district state present complaints seem rather belated generally less solicitous claims adequately pressed mccleskey zant compare ante state made boilerplate reservation rights set objections cf gray netherland slip enough make general appeal constitutional guarantee broad due process present substance claim state state lack interest representing interests clear sparse objections district proceedings appeals argument courts counsel prisoners conceded certain aspects consent decree exceeded necessary relief see prisoners agree typewriters required tr oral arg provisions regarding noise library unnecessary flexibility suggests state sought relief aspects plan negotiation indeed oral argument ninth circuit parties sides suggested willing settle case deferred submission case days enable settlement however settlement process even begun state declined mediate notably comment made appellate regarding process led fashioning remedy case fair reading record therefore reveals state six months within initiated settlement discussions presented ambitious objections proposed decree reflecting concerns raised offered plan review plaintiffs special master took none steps instead settled piecemeal belated challenges scope proposed plan implies district decision use decree entered gluth starting point fashioning relief ordered unfair petitioners repeated comparable circumstances browbeaten state suggests entitled far opportunity rebuttal ante strongly disagree characterization process whether approves disapproves contents gluth decree appeals affirmed entirety case tried surely appropriate district use remedial task case petitioners represented competent counsel advanced proposals relief thought expedient going necessary correct excesses order decision rewards state uncooperative posture assumed throughout long period litigating gluth case see ante gluth although state approach proven sound matter tactics allowing prevail forum inhibited precedent federal courts decision undermines authority equitable powers district district courts throughout nation quite wrong judgment suggest district denied state fair opportunity heard entirely unnecessary dispose smorgasbord constitutional issues consumes part ii accordingly agree remand appropriate join opinion footnotes respondents contend petitioners failed properly present actual injury argument appeals brief respondents review petitioners briefs leads us conclude otherwise event shall discuss point relates standing jurisdictional subject waiver see hays slip dallas justice souter recognizes jurisdictional nature point post difficult reconcile view reach address post justice stevens suggests ex parte hull establishes even lost frivolous claim establishes standing complain denial access courts see post initial matter quite impossible since standing neither challenged discussed case repeatedly held existence unaddressed jurisdictional defects precedential effect see federal election nra political victory fund slip cranch marshall statement oral argument merits however simply true prisoner claim hull frivolous rejectedit procedurally defaulted inter alia failure object trial failure include transcript petition procedurally defaulted claims frivolous rule business brisk indeed justice stevens assertion held petition insufficient merit even require answer state post misleading attorney general michigan appeared case opinion discussed merits claim length see posture case however treated claim motion leave file petition writ habeas corpus analyzing petitioner case found insufficient compel order requiring warden answer emphasis added remotely equivalent finding underlying claim frivolous justice souter believes bounds guarantees prison inmates right present frivolous determination suffices confer standing says assumes dispute presented adversary context form historically viewed capable judicial resolution post quoting flast cohen perhaps seemed like good law time flast later opinions made explicitly clear flast erred assuming assurance serious adversarial treatment value protected standing see richardson schlesinger reservists comm stop war flast failed recognize doctrine component keeps courts within certain traditional bounds branches concrete adverseness actual injury requirement comes everyone point concrete act adverse call courts examine propriety executive action someone actually injured depriving someone arguable though yet established claim inflicts actual injury deprives something claims settled bought sold depriving someone frivolous claim hand deprives nothing except perhaps punishment rule sanctions justice souter suggests waive requirement cases involving substantial systemic deprivation access cases involving direct substantial continuous limit legal materials total denial access library absolute deprivation access legal materials post view rests upon expansive understanding bounds repudiated unless prisoners right libraries showing sort justice souter describes establish relevant caused violation legal right see allen wright denial access courts possibly cause harm inadequate libraries harm lost rejected impeded legal claims course justice souter proposed exception unlikely much significance event situation extreme constitute absolute deprivation access legal materials finding prisoner claim affected extremity probably easier proving extremity district order case contrast required adoc stock library inter alia arizona digest modern federal practice digest corpus juris secundum full set code annotated provide hour videotaped legal research course covering relevant tort civil law including immigration family issues supp app pet cert justice stevens concludes gross bartholic harris injuries sufficient satisfy constitutional standing concerns post standing dispensed gross right complain one administrative deficiency automatically conferred right complain administrative deficiencies citizen aggrieved one respect bring whole structure state administration courts review course law said plaintiff subject injurious conduct one kind possess virtue injury necessary stake litigating conduct another kind although similar subject blum yaretsky even justice souter concedes inability respondents produce evidence actual injury illiterate inmates bartholic harris dispose challenge remedial orders insofar touch speakers lockdown prisoners post contrary justice stevens suggestion see post holding respondents lacked standing complain injuries speakers lockdown prisoners amount conclusion class improper standing determination quite separate certification class blum proves point case held class residents skilled nursing health related nursing facilities new york state recipients medicaid benefits lacked standing challenge transfers higher levels care even though standing challenge discharges transfers lower levels disturb class definition see holding regarding inappropriateness systemwide relief illiterate inmates rest upon application standing rules rather like justice souter conclusion upon respondents failure prove denials access illiterate prisoners pervaded state prison system post one respect however justice souter view issue differs believes systemwide relief appropriate ad findings shown libraries shambles throughout prison system post consistent view rejected lack access adequate library facilities qualifies relevant see supra contrary justice souter assertion post issue systemwide relief nothing law governing class actions whether class plaintiffs frustrated nonfrivolous claims exists matter extensive class may unless established violations respect class occurred institutions arizona system basis remedial decree imposed upon institutions however inadequate library facilities may theoretical matter various prisons may means active assistance complaint forms etc suffice prevent legal harm denial access courts courts power presume remediate harm established justice stevens believes state arizona blame objectionable character final injunctive order post two reasons first lack cooperation prison litigation three five years earlier judge see gluth kangas supp rule federal courts must giv first opportunity correct errors made administration prisons preiser rodriguez set aside judge decides state insufficiently cooperative different earlier case indication obstructive tactics state present case one concluded state learned lesson second justice stevens contends state failed vigorously oppose application gluth methodology present litigation surely reasonable doubt state objected methodology justice stevens demands state think unattainable degree courage foolishness insisting punished recalcitrance earlier case imposition gluth methodology antagonize district zealously insisting methodology recently vindicated appeal must abandoned sufficed think state submit record every turn defendants objections suggestions modifications shall deemed waiver defendants right appeal prior rulings orders appeal subsequent final order setting forth injunctive relief regarding legal access issues see app reaffirmed principle almost two decades later three years bounds smith ross moffitt observed griffin illinois ucceeding cases invalidated financial barriers appellate process time reaffirming traditional principle state obliged provide appeal criminal defendants citing mckane durston see also justice brennan came call griffin equality principle maccollom dissenting opinion provided rationale string decisions struck variety state transcript filing fees applied indigent prisoners bounds cited number cases support right adequate effective meaningful access courts see none transcript fee cases bounds relied premised substantive standard access rather like griffin cases primarily concerned invidious discrimination basis wealth see smith bennett interpose financial consideration indigent prisoner state exercise state right sue liberty deny prisoner equal protection laws gardner california context california habeas corpus procedure denial transcript indigent marks invidious discrimination held impermissible griffin discussion due process plurality griffin see passing reference fair procedure douglas unexplained references due process made course equal protection analyses provide insufficient basis concluding regulations challenged griffin douglas independently violated due process clause attempts subsequent cases salvage role due process clause context explain difference equal protection due process analyses griffin opinion unpersuasive see evitts lucey bearden georgia event appear five votes griffin support holding due process clause subsequent transcript fee cases turned primarily exclusively equal protection grounds see smith bennett douglas obvious emphasis equal protection harlan dissenting appear reached due process question notwithstanding justice harlan supposition contrary see difficult see due process implicated cases given consistent reaffirmation abolish criminal appeals altogether consistently due process see ross moffitt fact state affords access automatically mean state acts unfairly hence violates due process denying indigents assistance every stage way ibid cases nfairness results indigents singled state denied meaningful access appellate system poverty question profitably considered equal protection analysis ibid absence prison law library legal assistance hardly said deprive inmates absolutely opportunity bring claims attention federal clarence earl gideon perhaps celebrated pro se prisoner litigant time able obtain review even though legal training incarcerated prison apparently provide prisoners law books see answer respondent response pet cert gideon wainwright petitioner sic attorney versed law law books copy decisions petitioner allowed see also ante citing cases prisoners secured writ certiorari without legal citations legal analysis petitions like anyone else seeking bring suit without assistance state prisoners seek advice attorney whether pro bono paid turn family friends inmates public interest groups inmates also take advantage liberal pleading rules pro se litigants liberal rules governing appointment counsel federal statutes promise contingency fee also provide sufficient incentive counsel take meritorious cases decisions san antonio independent school dist rodriguez washington davis validated position taken justice harlan dissents griffin illinois douglas california justice harlan persuasively argued douglas facially neutral laws disproportionately impact poor deny equal protection less fortunate one essential reason equal protection clause impose affirmative duty lift handicaps flowing differences economic circumstances construe read constitution philosophy leveling foreign many basic concepts proper relations government society state may moral obligation eliminate evils poverty required equal protection clause give whatever others afford harlan dissenting see also griffin harlan dissenting burton dissenting constitution requires equal protection law require provide equal financial means defendants avail laws although concurred judgment griffin justice frankfurter expressed similar concerns emphasized equal protection laws deny state right make classifications law classifications rooted reason griffin state need equalize economic conditions justice frankfurter acknowledged differences wealth contingencies life hardly within power let alone duty state correct cushion ibid also expressed concern absolute equality required state longer able protect frivolous appeals subsidized public moneys needlessly spent see also maccollom blackmun concurring judgment constitution require indigent furnished every possible legal tool matter speculative value matter devoid assistance may merely person unlimited means might choose waste resources quest kind rationale appears motivated notions federalism power federal courts rights prisoners citation three nonhabeas cases held state determination matter federal law binding supports conclusion see ex parte hull citing first nat bank guthrie center anderson power review independently state determinations claims grounded constitution law general necessary element power review judgments state courts cases involving application enforcement federal laws erie purdy question whether right privilege claimed constitution laws distinctly sufficiently pleaded brought notice state federal question decision writ error concluded view taken highest state citation omitted carter texas martinez overruled grounds thornburgh abbott consistently reaffirmed martinez however respects relevant case namely judiciary ill equipped deal difficult delicate problems prison management prison administrators entitled considerable deference see also turner safley relying martinez principle courts ill equipped deal increasingly urgent problems prison administration reform citation omitted constitutional practical concerns identified martinez also resulted deferential standard review prisoner claims constitutional violations turner safley held prison regulation valid reasonably related legitimate penological interests even impinges inmates constitutional rights deferential standard deemed necessary keep courts business prison administration seriously hamper prison officials ability anticipate security problems adopt innovative solutions intractable problems prison administration ibid stringent standard review also distort decisionmaking process every administrative judgment subject possibility somewhere conclude less restrictive way solving problem hand courts inevitably become primary arbiters constitutes best solution every administrative problem thereby unnecessarily perpetuat ing involvement federal courts affairs prison administration ibid quoting martinez arizona prison system already adopted policy statewide compliance injunction district judge case imposed single institution earlier case compliance decree district termed muecke list every facility arizona correctional system least one library containing minimum following volumes code annotated reporter federal reporter second federal supplement shepard citations shepard federal citations local rules federal district modern federal practice digests federal practice digest second arizona code annotated arizona reports shepard arizona citations arizona appeals reports arizona law evidence udall adc policy manual institutional management procedures federal practice procedure wright corpus juris secundum arizona digest moreover issue actual injury even framed parties received relatively short shrift small portions parties briefs addressed issue see brief petitioners reply brief petitioners brief respondents significant portion discussion concentrated upon whether issue even addressed reply brief petitioners brief respondents see jenkins lane waiving requirement prisoner prove prejudice prisoner alleges direct substantial continuous rather minor indirect limit legal materials ground prisoner without access materials determine pleading requirements case including necessity pleading prejudice cf strickler waters acknowledging possibility injury may presumed situations total denial access library cert denied sowell vose acknowledging prisoner may need prove prejudice alleges absolute deprivation access legal materials emphases original dispensing underlying claim requirement instances consistent rule equity dealing threatened injury see farmer brennan holding prisoner need suffer physical injury obtaining relief ne await consummation threatened injury obtain preventive relief quoting pennsylvania west virginia helling mckinney observing prisoners may obtain relief even though alleged likely harm occur immediately even though possible harm might affect risk discussing hutto finney state denies prisoners access courts hardly implausible prisoner claim protected stake opening channel access see harris young unfair force inmate prove meritorious claim require access opportunity see rights see also magee waters suggesting prisoner must identify specific problem wishe research cf vandelft moses dismissing bounds claim part prisoner simply failed show restrictions library access effect access relative personal restraint petition emphases original cert denied casteel pieschek enough prisoner merely identif ies constitutional right defendant allegedly violated specific facts constituting deprivation chandler baird allegation complaint plaintiff deposition contemplating challenge time deprivation conditions confinement martin tyson dismissing claim part prisoner point claim unable pursue cert denied foreclose possibility certain complaints see text accompanying supra part infra see also california motor transport trucking unlimited right access courts indeed one aspect right petition see johnson avery ex parte hull bill johnson restaurants nlrb right access courts aspect first amendment right petition government redress grievances right claim violation constitutional provision manner recognized courts also embedded rights recognized constitution text interpretations without ability access courts draw attention constitutionally improper behavior free citizens deprived often line defense constitutional violations bounds smith see wolff mcdonnell recognition constitutional rights diluted inmates often totally functionally illiterate unable articulate complaints courts cf bivens six unknown fed narcotics agents allowing plaintiff alleging violation fourth amendment rights access courts cause action directly constitution see opening brief appellant pp reply brief state directly questioned constitutional standing respect two narrow classes claims standard indigency claim state successful reply brief photocopying likelihood district failure articulate additional specific examples missing claims due fact state challenge constitutional standing prisoners district lack actual evidence relating lost claims district prisoners notice standing matter specific concern free remand investigate record evidence parties make available regarding claims lost inadequate facilities named class plaintiffs standing standing class members satisfied requirements class certification newberg conte newberg class actions section ed ante souter concurring part dissenting part concurring judgment state challenge certification rather late game give advantage conclusion class improper even illiterate inmates seems positioned much differently respect english language legal materials speaking prisoners although prisoner lose merits alleged deprivation right occurred state example provide access computer databases also certainly standing make claim argument contrary respect prisoners case seems much explication principles standing creation new rule requiring prisoners making bounds claims demonstrate prejudice flowing lack access addition discussion standing opinion unnecessarily enters discussion least two aspects scope bounds right first concludes bounds right extend claims beyond attacks sentences conditions confinement ante given subsequent finding two plaintiffs met newly conjured rule standing see ante conclusion regarding scope right purely dicta second argues bounds right extend right discover grievances litigate effectively ante emphasis omitted statement also largely unnecessary given emphasis part iii need district tailor remedy constitutional violations discovered requirement remain respectful difficult job faced state prison administrators moreover note state asked limitations bounds doubt arizona object unexpected windfall briefs district appeals argued district order simply went farther necessary given injuries identified opinion see brief petitioners agreeing proposition nonetheless going extend unrequested relief oversteps scope debate presented case whenever take step venture unnecessarily onto dangerous ground