Love v. Summit County

776 F.2d 908
Court of Appeals for the Tenth Circuit·Decided November 8, 1985·No. No. 83-1010·Published·Cited by 91 cases

Opinion

HOLLOWAY, Chief Judge.

Plaintiff-appellant Love brought this action under 42 U.S.C. § 1983 seeking declaratory relief, an injunction and damages against the County of Summit, Utah, Ron Robinson, the Summit County Sheriff, and the Summit County Commissioners for alleged violation of his constitutional right of access to the courts. Plaintiff claims defendants violated this right when they refused to grant him access to a law library so that he could research various claims he said he wanted to bring contesting the conditions at the Summit County jail, or alternative assistance.

After a magistrate made a preliminary report and recommendation against dismissal, the district court heard defendants’ motion to dismiss plaintiff’s complaint.1 The court considered matters both parties had submitted outside the pleadings, and granted judgment for defendants. Plaintiff appeals that disposition. We affirm.

I.

Viewing the facts most favorably to the plaintiff, as we must at this juncture, United States v. Diebold, 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962), defendants incarcerated plaintiff, an indigent, in the Summit County Jail at Coalville, Utah from approximately January 12, 1982 until August 16, 1982 because plaintiff could not post bail while awaiting trial on various criminal charges. I R. 48, 79. The Utah state court appointed an attorney to represent him in the criminal trial scheduled for March 4, 1982. At a hearing on March 1 plaintiff told the court he no longer wanted the court-appointed attorney to represent him and that he could obtain private counsel. On March 4, a private Salt Lake City criminal attorney appeared for plaintiff. Because of the change in counsel, the state court moved the trial date to June 8. On June 4 the court again continued the trial so that plaintiff’s new attorney could obtain a psychological evaluation of the plaintiff and look for witnesses. On August 12 plaintiff pleaded guilty to charges of burglary and theft and on August 16,1982, the court sentenced him and he was transferred to the Utah State Prison. I R. 56.

Plaintiff had a number of complaints concerning his treatment and the conditions of his confinement while he was incarcerated in the Summit County Jail. He sought access to a law library orally in late March or early April 1982, and in writing on April 22,1982 to pursue these claims, but defendants denied his request. Sheriff Robinson told plaintiff that the Summit County Jail does not allow inmates access to a law library because the jail does not have enough staff to supervise inmates while they are in the library and because “what they [the inmates] wanted to do was turn around and sue him and sue Summit County jail staff and Summit County officers ...” I R. 77.2

The record shows that the Summit County Jail, a small facility,3 does provide some [910] opportunity for inmates to have access to legal representation and the courts, but the jail itself does not have a law library. Although the County has a small law library in the same building and on the same floor as the jail, plaintiff contends the law library is inadequate. Moreover, the library is used by the judges and the County Attorney’s staff and the jail has no rules permitting the jail inmates to have access to that or any other law library. However, the jail does allow inmates access to attorneys and the courts upon request. The jail makes a telephone available to the inmates and notaries public are available for those who need them.

If an inmate is indigent, the county will appoint counsel for him in criminal matters and will provide free postage, envelopes and stationery so that an indigent may communicate with the courts. The record contains no evidence that Summit County provides free attorneys, paralegals or other persons trained in the law to indigent jail inmates who need help preparing habeas corpus petitions or civil rights claims. Plaintiff and two others who asked for access to a law library at the time of plaintiff’s request were the first inmates to request such access while incarcerated at the Summit County Jail. I R. 20, 63-67, 70-72.

Plaintiff had no legal representation for the claims he wanted to file, although he did have representation in his criminal action. When plaintiff asked his attorney in the criminal case about filing his civil rights claims, that attorney refused to represent plaintiff but referred him to the attorney who eventually agreed to represent him in the instant case. That civil attorney likewise declined to represent him in his anticipated civil rights litigation over jail conditions, but did provide him prepared forms from the federal court clerk’s office for pro se complaints under § 1983. This civil counsel gave plaintiff some “limited instructions” on completion of the forms and encouraged plaintiff to file his civil rights claims on his own concerning the conditions of confinement. Ill R. 18-19. He also told plaintiff that other attorneys might be available and willing to take his case on a contingency basis and that he could assist him to find someone; plaintiff did not ask him to do so. Ill R. 9-10. Sheriff Robinson claims that he did not know plaintiff’s representation was limited and that had he known, his office and the jail staff “would have handled the situation differently.” I R. 80.

At the hearing before the district court, plaintiff’s counsel stated plaintiff had suffered no prejudice when that attorney had declined to represent plaintiff on his civil rights claims; and that plaintiff still had the right to pursue his claims of lack of recreation and medical attention at the jail. Ill R. 6-7; Appellant’s Brief, 19. Nevertheless, plaintiff seeks damages and declaratory relief for harm allegedly resulting from defendants’ failure to allow him access to a law library while he was incarcerated in the jail from January 12 until August 16, 1982.4

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Love v. Summit County, 776 F.2d 908 (10th Cir. 1985).

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