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Correction Commissioner V. Smith

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Name: Bounds, Correction Commissioner v. Smith, 430 U.S. 817 (1977) Citations: 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971), 42 U.S.C. § 1983, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974) 425 U.S. 910, 96 S.Ct. 1505, 47 L.Ed.2d 760 (1976) 312 U.S. 546, 61 S.Ct. 640, 85 L.Ed. 1034 (1941). 316 U.S. 255, 62 S.Ct. 1068, 86 L.Ed. 1453 (1942). 360 U.S. 252, 257, 79 S.Ct. 1164, 1168, 3 L.Ed.2d 1029 (1959) 365 U.S. 708, 81 S.Ct. 895, 6 L.Ed.2d 39 (1961) U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972) 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) U.S.C. § 1915, 393 U.S. 367, at 369-370, 89 S.Ct. 580, 582, 21 L.Ed.2d 601 (1969) No. 70-9, O.T.1971., 404 U.S. 59, 92 S.Ct. 313, 30 L.Ed.2d 217 (1971) 405 U.S. 319, 321, 92 S.Ct. …show more content…

Their case was heard at the District Court for the Eastern District of North Carolina. The District court agreed to grant the respondents a motion for summary judgment and charged the state to come up with a solution. The State proposed the “Library Plan” with which where they would establish 7 law library facilities, along with transportation to and from, and all supplies and materials needed for inmates to file legal petitions. In its final decision, the District Court found that the “Library Plan” was sufficient to give inmates reasonable access to the courts . The court aslso held that the state did not also havenot have to provide legal advisors. The Petitioners, officials of the State of North Carolina, are askeding for the decision of that case to be overruled. They argued that “if inmate communications on legal problems are not restricted, there is no further obligation to expend state funds to implement affirmatively the right of access.” The Supreme Court granted certiorari. Facts: At the time of their original filing in the district court, inmates did not have access to their desired law research facilities. There was only one, severely arguably inadequate, state prison library and no other legal assistance was available. Officials of the state of North Carolina dido not want to expend state funds to establish law libraries to those incarcerated in their penitentiaries. Issue: Must the State provide law libraries or other forms of

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