Donald A. Lehn v. Michael L. Holmes

364 F.3d 862, 2004 U.S. App. LEXIS 7206, 2004 WL 787246
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 14, 2004
Docket01-1957
StatusPublished
Cited by196 cases

This text of 364 F.3d 862 (Donald A. Lehn v. Michael L. Holmes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald A. Lehn v. Michael L. Holmes, 364 F.3d 862, 2004 U.S. App. LEXIS 7206, 2004 WL 787246 (7th Cir. 2004).

Opinions

DIANE P. WOOD, Circuit Judge.

Donald Lehn knows a lot about the ill effects of exposure to second-hand tobacco smoke. He has a Ph.D. in biochemistry and is a former Resident Research Assistant in the Laboratory of Molecular Carcinogenesis in the Division of Cancer Etiology, National Cancer Institute, which is affiliated with the National Institutes of Health, in Bethesda, Maryland. Lehn’s current interest in smoke is, however, personal rather than professional. He is currently serving time in the Illinois Department of Corrections (IDOC), and he has sued to challenge both certain IDOC practices that allegedly are denying him his right of access to the courts and IDOC policies that tolerate excessively high levels of environmental tobacco smoke (ETS) in the state’s prisons. Lehn’s pro se complaint was dismissed by the district court because the judge believed his claims were either rendered moot after Lehn was transferred to a different prison facility or were unripe for adjudication. In the alternative, the court granted the prison officials’ motion to dismiss Lehn’s access-to-courts claim for failure to state a claim under fed. R. Civ. P. 12(b)(6). We agree with Lehn that his access claim is ripe for judicial consideration and that both the access-to-courts and the ETS parts of his complaint state claims for which relief may be granted. Therefore, we reverse and remand this case for further proceedings.

I

Lehn has been incarcerated in the State of Illinois since January 1996. To date, he has been housed in at least three correctional facilities: the Pontiac Correctional Center, the Big Muddy River Correctional Center, and the Graham Correctional Center. Lehn was incarcerated at Big Muddy River for four years, during which time he filed this complaint. While his complaint was pending before a magistrate judge, in August 2000, he was transferred to Graham, where he is currently incarcerated.

While Lehn was at Big Muddy River, he repeatedly asked to be assigned to a cell with a non-smoking cellmate, but his requests were denied. Lehn complained that exposure to his cellmates’ tobacco smoke caused him to suffer headaches and nausea. His transfer to Graham accomplished nothing, from this standpoint. Once again, he was housed with a smoking cellmate despite his request for a nonsmoker. In an affidavit, Lehn attested that during the first five and one-half months of his stay at Graham, he had a non-smoking cellmate for only two and one-half days. Throughout this time, Lehn communicated his strenuous objection to what he perceived as an IDOC-wide policy concerning the use of tobacco products and the exposure of inmates to ETS. He complained that this exposure to second-hand smoke “threatens the plaintiffs future health and causes the plaintiff to suffer from continual [sic ] smoking related effects — headaches and burning eyes.”

Smoke was not Lehn’s only problem, however. In October 1996, Lehn received copies of two Maryland arrest warrants dated October 20, 1995, and October 11, 1996. The first arrest warrant was also lodged as a detainer for Lehn’s continued detention on the Maryland charges. Then, on June 30, 1997, Deputy Maryland State’s Attorney Matthew Campbell issued a request for temporary custody over Lehn to Jack Hartwig, who at the time was the warden of Big Muddy River. This request was made pursuant to Article IV(A) of the Interstate Agreement on Detainers, in or[865]*865der to bring Lehn to trial in Maryland. (The Interstate Agreement on Detainers is an interstate compact among 48 states. It establishes standard procedures to help states resolve outstanding criminal charges against prisoners who are incarcerated in a different state. See New York v. Hill, 528 U.S. 110, 111, 120 S.Ct. 659, 145 L.Ed.2d 560 (2000); see also United States v. Ross, 243 F.3d 375, 375 n. 2 (7th Cir.2001).) The request for temporary custody states that Lehn “is under indictment in the County of Montgomery,” Maryland. The record does not contain a response to this request for temporary custody from Warden Hartwig.

In response to the Maryland arrest warrants, Lehn filed three motions in Maryland for the appointment of counsel. The first was filed in July 1997, and the last was filed in January 2001. His efforts were unavailing: Maryland neither appointed a lawyer for him nor did it even respond to any of his requests. In his final letter to the Montgomery County State’s Attorney, Lehn explained that he had learned second-hand that his case might not be prosecuted by the County. He asked for confirmation of this rumor and explained that he hoped that Maryland would withdraw the warrant against him if it was not going to prosecute him. Critically for our purposes, Lehn claimed that the outstanding warrant caused him to receive a higher security classification within Illinois’s correctional system. According to Lehn, this higher security classification also kept him from getting a job in the prison industries program and affected his housing assignments.

Lehn’s initial complaint contained five counts, three of which were dismissed by the district court under the mandatory screening process for prisoner lawsuits contained in 28 U.S.C. § 1915A. Lehn does not appeal the dismissal of these three counts. The two surviving counts focus on Lehn’s fundamental right of access to the courts and his right to conditions of confinement that do not violate the minimum standards set by the ' Eighth Amendment — as applied here, his right to an environment that is not filled with' dangerous levels of ETS. The defendants filed a motion to dismiss Lehn’s access-to-courts count. The case was referred to a magistrate judge, who recommended that the district court deny the motion to dismiss and suggested, that the court instead request additional briefing by the parties addressing whether Lehn’s transfer to Graham rendered his access-to-courts and Eighth Amendment claims moot. .

The district court rejected the magistrate judge’s recommendations and entered an order dismissing Lehn’s remaining two claims. It rejected the ETS claim first because it concluded that the claim became moot when Lehn was .transferred to Graham, and in the alternative for failure to state a claim under fed. R. Civ. P. 12(b)(6). The district court also declined to exercise jurisdiction over Lehn’s access-to-courts claim because the judge believed the claim was unripe. Alternatively, the court held that Lehn’s complaint failed to state a claim under fed. R. Civ. P. 12(b)(6) for violation of his right of access to the courts. With the assistance of counsel appointed by this court, Lehn appeals the dismissal of his complaint.

II

A

The Supreme Court has long recognized a prisoner’s fundamental right of access to the courts. Bounds v. Smith, 430 U.S. 817, 821, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977); see also Lewis v. Casey, 518 U.S. 343, 350, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). As this court has noted in the past, “[wjithout this right, all [866]*866other rights a prisoner may possess are illusory.” Corgain v. Miller, 708 F.2d 1241, 1247 (7th Cir.1983). But the right of access to the courts is not an unlimited one; it assures only “meaningful access to the courts.” Bounds, 430 U.S. at 823, 97 S.Ct. 1491; see also

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Bluebook (online)
364 F.3d 862, 2004 U.S. App. LEXIS 7206, 2004 WL 787246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-a-lehn-v-michael-l-holmes-ca7-2004.