From Casetext: Smarter Legal Research

Younger v. Gilmore

U.S.
Nov 8, 1971
404 U.S. 15 (1971)
Download
PDF
Check
Treatment

Summary

holding that prison authorities must assist inmates in the filing of "meaningful legal papers" by providing either adequate law libraries or the assistance of individuals trained in the law

Summary of this case from Wade v. Brady
See 11 Summaries

Opinion

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. 70-9.

Argued October 14, 1971 Decided November 8, 1971

319 F. Supp. 105, affirmed.

George R. Nock, Deputy Attorney General of California, argued the cause for appellants. With him on the briefs were Evelle J. Younger, Attorney General, pro se, Albert W. Harris, Jr., Assistant Attorney General, and Robert R. Granucci, Deputy Attorney General.

John Eshleman Wahl, by appointment of the Court, post, p. 814, argued the cause for appellees. With him on the brief was Marshall W. Krause.

Jack Greenberg, James M. Nabrit III, Charles Stephen Ralston, Stanley A. Bass, Anthony G. Amsterdam, William Bennett Turner, and Alice Daniel filed a brief for the NAACP Legal Defense and Educational Fund, Inc., et al. as amici curiae urging affirmance.

PER CURIAM.

On this appeal we postponed the question of jurisdiction pending the hearing of the case on the merits. 401 U.S. 906 (1971).

Having heard the case on its merits, we find that this Court does have jurisdiction ( Alabama Teachers v. Alabama Public School and College Authority, 393 U.S. 400 (1969)) and affirm the judgment of the District Court for the Northern District of California. Johnson v. Avery, 393 U.S. 483 (1969).

Summaries of

Younger v. Gilmore

U.S.
Nov 8, 1971
404 U.S. 15 (1971)

holding that prison authorities must assist inmates in the filing of "meaningful legal papers" by providing either adequate law libraries or the assistance of individuals trained in the law

Summary of this case from Wade v. Brady

In Younger v. Gilmore, 404 U.S. 15, this Court summarily affirmed a three-judge court decision ordering the California Department of Corrections to heed the Johnson decision and abandon a prison rule making it difficult for inmates to get legal help from writ-writers.

Summary of this case from Procunier v. Navarette

In Younger, the Court affirmed the judgment of the district court in Gilmore v. Lynch, 319 F. Supp. 105 (N.D.Ca. 1970) (per curiam) in light of Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969).

Summary of this case from Peterkin v. Jeffes

In Gilmore, the three-judge statutory court held that limitations on the type of legal materials available to prisoners unconstitutionally infringed upon the prisoners' right of access to the courts in the absence of a showing that prisoners had access through other avenues.

Summary of this case from Cruz v. Hauck

In Gilmore, state officials were enjoined from enforcing a prison regulation which was found to be overly restrictive of the codes and references in prison libraries made available to inmates.

Summary of this case from MacGregor v. Dial

invalidating prison regulation severely limiting law books in prison libraries because it denies reasonable access to courts, and noting that right to such access "encompasses all the means a defendant or petitioner might require to get a fair hearing from the judiciary"

Summary of this case from National Ass'n of Radiation Survivors v. Walters

In Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971), the Supreme Court affirmed the opinion of a three-judge district court in Gilmore v. Lynch, 319 F. Supp. 105 (N.D.Cal. 1970).

Summary of this case from Craig v. Hocker

In Gilmore, the Court affirmed per curiam the judgment of a three-judge district court, 319 F. Supp. 105 (N.D.Cal. 1970), that prison regulation limiting the legal books provided for prisoners' use was an infringement of the rights of indigent inmates to access to the courts.

Summary of this case from Jordan v. Johnson

In Young, a state prisoner, who had sought a writ of habeas corpus in the state court, raised "substantial questions under the due process clause".

Summary of this case from Prock v. District Court of Pittsburg County

In Younger v. Gilmore, 404 U.S. 15, 30 L.Ed.2d 142, 92 S.Ct. 250 (1971), the court affirmed the judgment of a three-judge court which required state officials to provide indigent prisoners with access to a reasonably adequate law library for preparation of legal actions.

Summary of this case from State ex rel. McCamic v. McCoy

In Younger v. Gilmore (1971), 404 U.S. 15, 30 L.Ed.2d 142, 92 S.Ct. 250, the court relied on Avery to affirm, in a per curiam decision, Gilmore v. Lynch (N.D. Cal. 1970), 319 F. Supp. 105.

Summary of this case from Tedder v. Fairman
Case details for

Younger v. Gilmore

Case Details

Full title:YOUNGER, ATTORNEY GENERAL OF CALIFORNIA, ET AL. v . GILMORE ET AL

Court:U.S.

Date published: Nov 8, 1971

Citations

404 U.S. 15 (1971)
92 S. Ct. 250

Citing Cases

Bounds v. Smith

Younger v. Gilmore, 404 U.S. 15. Pp. 821-833. 538 F.2d 541,…

Hall v. State of Md.

Johnson v. Avery, 393 U.S. 483, 485 [ 89 S.Ct. 747, 749, 21 L.Ed.2d 718]; Ex parte Hull, 312 U.S. 546, 549 […

186 Citing Cases