Bee v. Utah State Prison

169 Citing cases

  1. Carper v. Deland

    54 F.3d 613 (10th Cir. 1995)   Cited 720 times
    Holding a state may elect to provide legal assistance to inmates in lieu of maintaining an adequate prison library

    See Nordgren v. Milliken, 762 F.2d 851, 855 (10th Cir.) ("[W]e are persuaded that we should not hold that the right of access to the courts requires more than the assistance of counsel through completion of the complaint for a federal habeas or civil rights action."), cert. denied, 474 U.S. 1032, 106 S.Ct. 593, 88 L.Ed.2d 573 (1985); Bee v. Utah State Prison, 823 F.2d 397, 398 (10th Cir. 1987) (same); Ward v. Kort, 762 F.2d 856, 860-61 (10th Cir. 1985) (state mental hospital officials need only supply mental patients under commitment with legal assistance through the completion of a federal habeas corpus petition or civil rights complaint); Knop, 977 F.2d at 1009. Other than habeas corpus or civil rights actions regarding current confinement, a state has no affirmative constitutional obligation to assist inmates in general civil matters.

  2. Dahler v. Goodman

    CIVIL ACTION No. 96-3343-GTV (D. Kan. Jan. 29, 2001)

    "`Once an inmate gains access to the court through a properly prepared and filed initial pleading, the court will then be in a position to determine whether the claim has any merit and whether the issues raised are unusually complex.'" Carper v. DeLand, 54 F.3d 613, 617 (10th Cir. 1995) Carper, 54 F.3d at 617 (quoting Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987)). II. Standards for Judgment

  3. Rivera v. Monko

    37 F.4th 909 (3d Cir. 2022)   Cited 82 times
    Holding that there is no “freestanding right to a prison law library”; rather, a prisoner alleging a denial of access to the courts must demonstrate “actual injury” by alleging the loss of a meritorious claim

    Only the Tenth Circuit directly upheld a system that cut off legal assistance after the "initial pleading stage" of a suit. Compare Bee v. Utah State Prison , 823 F.2d 397, 399 (10th Cir. 1987), with Brooks v. Buscher , 62 F.3d 176, 182 (7th Cir. 1995) (holding that system of "indirect access" through photocopies was adequate despite delays in transmitting materials); Knop v. Johnson , 977 F.2d 996, 1006–07 (6th Cir. 1992) (holding that order requiring prison legal assistance staffers to "represent" inmates in "a variety of civil matters" was "more intrusive than necessary"); cf. Peterkin , 855 F.2d at 1042 ; Morrow v. Harwell , 768 F.2d 619, 623 (5th Cir. 1985) ("[F]or access to be meaningful, post-filing needs, such as the research tools necessary to effectively rebut authorities cited by an adversary in responsive pleadings, should be met.") (citation omitted); Bonner v. Prichard, Ala. , 661 F.2d 1206, 1212 (11th Cir. 1981) (rejecting argument that right to access courts is limited to preparation of complaints and petitions). We agree.

  4. Beville v. Ednie

    74 F.3d 210 (10th Cir. 1996)   Cited 14 times

    " Harrell v. Keohane, 621 F.2d 1059, 1061 (10th Cir. 1980); see also Twyman v. Crisp, 584 F.2d 352, 357-58 (10th Cir. 1978) (per curiam) ("He claims he has had to file for extensions of time, but certainly this condition is not uncommon to real lawyers."). Similarly, where an inmate's right to access is accommodated through the provision of legal services, see, e.g., Bee v. Utah State Prison, 823 F.2d 397 (10th Cir. 1987), administrative delays of several days are surely routine. Because Mr. Beville's incarceration in the Teton County Detention facility was so short and he was not prejudiced by the denial of legal resources during his stay, we hold that his right to access to the courts was not violated.

  5. Cornett v. Donovan

    51 F.3d 894 (9th Cir. 1995)   Cited 303 times
    Holding that "right of access [to the courts] is guaranteed to people institutionalized in a state mental hospital regardless of whether they are civilly committed after criminal proceedings or civilly committed on grounds of dangerousness"

    Nordgren v. Milliken, 762 F.2d 851, 855 (10th Cir.), cert. denied, 474 U.S. 1032, 106 S.Ct. 593, 88 L.Ed.2d 573 (1985). See also Bee v. Utah State Prison, 823 F.2d 397, 398 (10th Cir. 1987). The Sixth Circuit is in agreement.

  6. Kirkland v. Provience

    47 F.3d 1022 (10th Cir. 1995)

    The Plaintiff's request for appointment of counsel should be denied since there is no constitutional right to counsel in a civil proceeding. Miller v. Glanz, 948 F.2d 1562, 1572 (10th Cir. 1991) (court has discretion to appoint counsel, based upon complexity and merits of case); Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987). As Plaintiff's claims are without merit, there is no need to appoint counsel.

  7. Toussaint v. McCarthy

    918 F.2d 752 (9th Cir. 1990)   Cited 113 times
    Holding that review every 120 days satisfied due process

    Once an inmate is before the court, the court can determine if further legal assistance is needed. Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987); Nordgren v. Milliken, 762 F.2d 851 (10th Cir.), cert. denied, 474 U.S. 1032, 106 S.Ct. 593, 88 L.Ed.2d 573 (1985). The scope of the new library need not be greater than the scope of the constitutional concept of access to the courts.

  8. Abreu v. Davis Cnty.

    1:21-CV-129-RJS (D. Utah Mar. 12, 2025)

    Plaintiff has no constitutional right to counsel. See Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987) (“[P]risoners are not entitled to legal assistance in addition to a law library.”); see also Carper v. DeLand, 54 F.3d 613, 616 (10th Cir. 1995).

  9. Hale v. Utah Dep't of Corr.

    2:23-cv-696-HCN (D. Utah Aug. 12, 2024)

    Plaintiff has no constitutional right to counsel. See Carper v. Deland, 54 F.3d 613, 616 (10th Cir. 1995); Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987). The court may in its discretion appoint counsel for indigent plaintiffs, however.

  10. Boyatt v. Wright

    2:24-cv-00074-RJS (D. Utah Jul. 16, 2024)

    See ECF 6. See Carper v. Deland, 54 F.3d 613, 616 (10th Cir. 1995); Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987). See 28 U.S.C.S. § 1915(e)(1) (2024); Carper, 54 F.3d at 617; Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991)