bounds
smith
argued
november
decided
april
fundamental
constitutional
right
access
courts
held
require
prison
authorities
assist
inmates
preparation
filing
meaningful
legal
papers
providing
prisoners
adequate
law
libraries
adequate
assistance
persons
trained
law
younger
gilmore
pp
affirmed
marshall
delivered
opinion
brennan
white
blackmun
powell
stevens
joined
powell
filed
concurring
opinion
post
burger
filed
dissenting
opinion
post
stewart
post
rehnquist
post
filed
dissenting
opinions
burger
joined
jacob
safron
special
deputy
attorney
general
north
carolina
argued
cause
petitioners
brief
rufus
edmisten
attorney
general
barry
nakell
appointment
argued
cause
filed
brief
respondents
andrew
miller
attorney
general
alan
katz
assistant
attorney
general
filed
brief
commonwealth
virginia
amicus
curiae
urging
reversal
justice
marshall
delivered
opinion
issue
case
whether
must
protect
right
prisoners
access
courts
providing
law
libraries
alternative
sources
legal
knowledge
younger
gilmore
held
per
curiam
services
constitutionally
mandated
petitioners
officials
state
north
carolina
ask
us
overrule
recent
case
reasons
explained
decline
invitation
reaffirm
previous
decision
respondents
inmates
incarcerated
correctional
facilities
division
prisons
north
carolina
department
correction
filed
three
separate
actions
eventually
consolidated
district
eastern
district
north
carolina
respondents
alleged
pertinent
part
denied
access
courts
violation
fourteenth
amendment
rights
state
failure
provide
legal
research
facilities
district
granted
respondents
motion
summary
judgment
claim
finding
sole
prison
library
state
severely
inadequate
legal
assistance
available
inmates
held
basis
younger
gilmore
respondents
rights
access
courts
equal
protection
laws
violated
indication
assistance
initial
stage
preparation
writs
petitions
recognized
however
determining
appropriate
relief
ordered
presents
difficult
problem
view
north
carolina
decentralized
prison
system
rather
attempting
dictate
precisely
course
state
follow
charge
department
correction
task
devising
constitutionally
sound
program
assure
inmate
access
courts
left
state
choice
alternative
easily
economically
fulfill
duty
suggesting
program
make
available
lawyers
law
students
public
defenders
might
serve
purpose
least
well
provision
law
libraries
supp
app
state
responded
proposing
establishment
seven
libraries
institutions
located
across
state
chosen
serve
best
prison
units
addition
state
planned
set
smaller
libraries
central
prison
segregation
unit
women
prison
plan
inmates
desiring
use
library
request
appointments
given
transportation
housing
necessary
full
day
library
work
addition
collection
lawbooks
library
stock
legal
forms
writing
paper
typewriters
use
copying
machines
state
proposed
train
inmates
research
assistants
typists
aid
fellow
prisoners
estimated
ultimately
inmates
per
week
use
libraries
although
inmates
facing
deadlines
might
wait
three
four
weeks
turn
library
respondents
protested
plan
totally
inadequate
sought
establishment
library
every
prison
district
rejected
respondents
objections
finding
state
plan
economically
feasible
practicable
one
fairly
efficiently
run
insure
inmate
time
prepare
petitions
briefing
ordered
whether
state
required
provide
independent
legal
advisors
inmates
addition
library
facilities
final
decision
district
held
petitioners
constitutionally
required
provide
legal
assistance
well
libraries
found
library
plan
sufficient
give
inmates
reasonable
access
courts
decision
ross
moffitt
directly
point
supported
state
claim
need
furnish
attorneys
bring
habeas
corpus
civil
rights
actions
prisoners
district
approved
library
plan
state
submitted
application
federal
law
enforcement
assistance
administration
leaa
grant
cover
cost
setting
libraries
training
librarian
inmate
clerks
state
represented
leaa
library
project
benefit
inmates
state
giving
meaningful
effective
access
ultimate
result
diminution
number
groundless
petitions
complaints
filed
inmate
able
determine
greater
extent
whether
rights
violated
judicial
evaluation
petitions
facilitated
brief
respondents
sides
appealed
portions
district
orders
adverse
appeals
fourth
circuit
affirmed
respects
save
one
found
library
plan
denied
women
prisoners
access
rights
men
research
facilities
since
justification
discrimination
appeals
ordered
eliminated
state
petitioned
review
granted
certiorari
affirm
ii
established
beyond
doubt
prisoners
constitutional
right
access
courts
recognized
right
years
ago
struck
regulation
prohibiting
state
prisoners
filing
petitions
habeas
corpus
unless
found
properly
drawn
legal
investigator
parole
board
ex
parte
hull
held
violated
principle
state
officers
may
abridge
impair
petitioner
right
apply
federal
writ
habeas
corpus
see
also
cochran
kansas
recent
decisions
struck
restrictions
required
remedial
measures
insure
inmate
access
courts
adequate
effective
meaningful
thus
order
prevent
effectively
foreclosed
access
indigent
prisoners
must
allowed
file
appeals
habeas
corpus
petitions
without
payment
docket
fees
burns
ohio
smith
bennett
recognized
adequate
effective
appellate
review
impossible
without
trial
transcript
adequate
substitute
held
must
provide
trial
records
inmates
unable
buy
griffin
illinois
similarly
counsel
must
appointed
give
indigent
inmates
meaningful
appeal
convictions
douglas
california
essentially
standards
access
applied
johnson
avery
struck
regulation
prohibiting
prisoners
assisting
habeas
corpus
applications
legal
matters
since
inmates
alternative
form
legal
assistance
available
reasoned
ban
jailhouse
lawyers
effectively
prevented
prisoners
unable
reasonable
adequacy
prepare
petitions
challenging
legality
confinements
johnson
unanimously
extended
cover
assistance
civil
rights
actions
wolff
mcdonnell
even
rejected
claim
indigent
defendants
constitutional
right
appointed
counsel
discretionary
appeals
reaffirmed
state
must
assure
indigent
defendant
adequate
opportunity
present
claims
fairly
ross
moffitt
eaningful
access
courts
touchstone
see
petitioners
contend
however
constitutional
duty
merely
obliges
allow
inmate
writ
writers
function
argue
johnson
avery
supra
long
inmate
communications
legal
problems
restricted
obligation
expend
state
funds
implement
affirmatively
right
access
argument
misreads
cases
johnson
wolff
mcdonnell
supra
issue
whether
access
rights
ignorant
illiterate
inmates
violated
without
adequate
justification
since
inmates
unable
present
claims
writing
courts
held
constitutional
right
help
johnson
avery
supra
white
dissenting
required
least
allowing
assistance
literate
fellows
holding
attempt
set
forth
full
breadth
right
access
mcdonnell
example
already
adequate
law
library
prison
case
thus
decided
backdrop
availability
legal
information
inmates
capable
using
johnson
although
petitioner
originally
requested
lawbooks
see
reach
question
invalidated
regulation
effect
illiterate
inmates
neither
case
considered
question
face
today
neither
inconsistent
requiring
additional
measures
assure
meaningful
access
inmates
able
present
cases
moreover
decisions
consistently
required
shoulder
affirmative
obligations
assure
prisoners
meaningful
access
courts
indisputable
indigent
inmates
must
provided
state
expense
paper
pen
draft
legal
documents
notarial
services
authenticate
stamps
mail
must
forgo
collection
docket
fees
otherwise
payable
treasury
expend
funds
transcripts
state
expenditures
necessary
pay
lawyers
indigent
defendants
trial
gideon
wainwright
argersinger
hamlin
appeals
right
douglas
california
supra
say
economic
factors
may
considered
example
choosing
methods
used
provide
meaningful
access
cost
protecting
constitutional
right
justify
total
denial
thus
neither
availability
jailhouse
lawyers
necessity
affirmative
state
action
dispositive
respondents
claims
inquiry
rather
whether
law
libraries
forms
legal
assistance
needed
give
prisoners
reasonably
adequate
opportunity
present
claimed
violations
fundamental
constitutional
rights
courts
although
essentially
true
petitioners
argue
habeas
corpus
petition
civil
rights
complaint
need
set
forth
facts
giving
rise
cause
action
see
fed
rules
civ
proc
hardly
follows
law
library
legal
assistance
essential
frame
documents
verge
incompetence
lawyer
file
initial
pleading
without
researching
issues
jurisdiction
venue
standing
exhaustion
remedies
proper
parties
plaintiff
defendant
types
relief
available
importantly
course
lawyer
must
know
law
order
determine
whether
colorable
claim
exists
facts
necessary
state
cause
action
lawyer
must
perform
preliminary
research
less
vital
pro
se
prisoner
indeed
despite
less
stringent
standards
pro
se
pleading
judged
haines
kerner
often
important
prisoner
complaint
set
forth
nonfrivolous
claim
meeting
procedural
prerequisites
since
may
pass
complaint
sufficiency
allowing
filing
forma
pauperis
may
dismiss
case
deemed
frivolous
see
moreover
state
files
response
pro
se
pleading
undoubtedly
contain
seemingly
authoritative
citations
without
library
inmate
unable
rebut
state
argument
enough
answer
evaluate
facts
pleaded
light
relevant
law
even
dedicated
trial
judges
bound
overlook
meritorious
cases
without
benefit
adversary
presentation
cf
gardner
california
fact
one
consolidated
cases
initially
dismissed
judge
later
ruled
respondents
possibly
younger
gilmore
cited
reject
state
claim
inmates
use
tools
trade
legal
profession
making
libraries
useless
assuring
meaningful
access
brief
petitioners
first
place
claim
inconsistent
state
representations
leaa
grant
application
supra
argument
access
adequately
protected
allowing
inmates
help
legal
problems
importantly
experience
indicates
pro
se
petitioners
capable
using
lawbooks
file
cases
raising
claims
serious
legitimate
even
ultimately
unsuccessful
finally
note
petitioners
doubts
efficacy
libraries
district
initial
decision
left
free
choose
another
means
assuring
access
also
argued
libraries
forms
legal
assistance
unnecessary
assure
meaningful
access
light
decision
ross
moffitt
case
held
right
prisoners
adequate
opportunity
present
claims
fairly
require
appointment
counsel
file
petitions
discretionary
review
state
courts
moffitt
rationale
however
supports
result
reach
decision
moffitt
noted
addressing
discretionary
review
petition
primarily
concerned
correctness
judgment
rather
review
generally
granted
case
raises
issue
significant
public
interest
jurisprudential
importance
conflicts
controlling
precedent
moffitt
held
pro
se
applicants
present
claims
adequately
appellate
courts
decide
whether
criteria
met
already
counsel
initial
appeals
right
thus
likely
appellate
briefs
previously
written
behalf
trial
transcripts
often
intermediate
appellate
opinions
use
preparing
petitions
review
contrast
case
concerned
large
part
original
actions
seeking
new
trials
release
confinement
vindication
fundamental
civil
rights
rather
presenting
claims
passed
two
courts
frequently
raise
heretofore
unlitigated
issues
constantly
emphasized
habeas
corpus
civil
rights
actions
fundamental
importance
constitutional
scheme
directly
protect
valued
rights
johnson
avery
wolff
mcdonnell
applications
discretionary
review
need
apprise
appellate
case
possible
relevance
development
law
prisoner
petitions
first
line
defense
constitutional
violations
need
new
legal
research
advice
make
meaningful
initial
presentation
trial
case
far
greater
required
file
adequate
petition
discretionary
review
hold
therefore
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
holding
today
course
reaffirmation
result
reached
younger
gilmore
gilmore
necessary
element
preceding
analysis
precedential
weight
strongly
reinforces
decision
substantive
question
presented
gilmore
state
affirmative
federal
constitutional
duty
furnish
prison
inmates
extensive
law
libraries
alternatively
provide
inmates
professional
legal
assistance
jurisdictional
statement
brief
appellants
explicitly
decided
question
affirmed
judgment
district
reliance
johnson
avery
cf
rule
affirmative
answer
given
unanimously
full
briefing
oral
argument
gilmore
relied
upon
without
question
subsequent
decisions
cruz
hauck
vacating
remanding
reconsideration
light
gilmore
decision
legal
materials
need
furnished
county
jail
inmates
cruz
beto
gilmore
cited
approvingly
support
inmates
right
access
courts
chaffin
stynchcombe
gilmore
cited
approvingly
decision
removing
roadblocks
disincentives
appeal
recently
wolff
mcdonnell
despite
differences
issues
case
unanimously
reaffirmed
gilmore
requires
prison
officials
provide
indigent
inmates
access
reasonably
adequate
law
library
preparation
legal
actions
experience
gilmore
decision
suggests
reason
depart
federal
government
made
impressive
efforts
fulfill
gilmore
mandate
establishing
law
libraries
prison
programs
combinations
see
brief
respondents
ex
correctional
administrators
supported
programs
acknowledged
value
resources
support
including
substantial
funding
leaa
come
many
national
organizations
noted
adequate
law
libraries
one
constitutionally
acceptable
method
assure
meaningful
access
courts
decision
gilmore
foreclose
alternative
means
achieve
goal
nearly
half
district
columbia
provide
degree
professional
legal
assistance
prisoners
brief
respondents
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programs
take
many
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forms
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number
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libraries
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among
alternatives
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inmates
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assistants
work
lawyers
supervision
use
paraprofessionals
law
students
either
volunteers
formal
clinical
programs
organization
volunteer
attorneys
bar
associations
groups
hiring
lawyers
consultant
basis
use
staff
attorneys
working
either
new
prison
legal
assistance
organizations
part
public
defender
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services
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services
plans
result
efficient
skillful
handling
prisoner
cases
also
avoid
disciplinary
problems
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writ
writers
see
johnson
avery
procunier
martinez
independent
legal
advisors
mediate
resolve
administratively
many
prisoner
complaints
otherwise
burden
courts
convince
inmates
grievances
prison
legal
system
thereby
facilitating
rehabilitation
assuring
inmate
treated
unfairly
estimated
lawyers
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serve
legal
needs
entire
national
prison
population
nevertheless
legal
access
program
need
include
particular
element
discussed
encourage
local
experimentation
plan
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must
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whole
ascertain
compliance
constitutional
standards
iii
finally
petitioners
urge
us
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decision
federal
courts
sit
state
prisons
brief
petitioners
district
exceeded
powers
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sic
place
prison
administrators
recognized
judicial
restraint
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prisoners
rights
cases
also
repeatedly
held
policy
encompass
failure
take
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valid
constitutional
claims
procunier
martinez
supra
petitioners
hyperbolic
claim
particularly
inappropriate
case
courts
scrupulously
respected
limits
role
district
initially
held
petitioners
violated
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guarantee
access
courts
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prison
administration
rather
ordered
petitioners
devise
remedy
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strongly
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prefer
plan
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law
libraries
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plan
approved
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changes
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respondents
prison
administrators
thus
exercised
wide
discretion
within
bounds
constitutional
requirements
case
judgment
affirmed
footnotes
district
originally
granted
summary
judgment
state
officials
one
three
consolidated
actions
appeal
appeals
fourth
circuit
appointed
counsel
remanded
case
suggestion
consolidated
two
cases
still
pending
district
north
carolina
inmates
housed
prison
units
located
counties
units
hold
fewer
inmates
brief
petitioners
state
proposed
inclusion
following
lawbooks
north
carolina
general
statutes
north
carolina
reports
north
carolina
appeals
reports
strong
north
carolina
index
north
carolina
rules
code
annotated
title
title
title
rules
appellate
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rules
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criminal
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constitutional
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list
approved
minimum
collection
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law
libraries
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correctional
association
aca
american
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lavallee
state
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california
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oklahoma
city
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chicago
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carolina
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neb
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students
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nd
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