409 F.2d 1337 (5th Cir. 1969), 26129, Wainwright v. Coonts

Docket Nº:26129.
Citation:409 F.2d 1337
Party Name:Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, et al., Appellants, v. Willis G. COONTS, Appellee.
Case Date:March 25, 1969
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 1337

409 F.2d 1337 (5th Cir. 1969)

Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, et al., Appellants,

v.

Willis G. COONTS, Appellee.

No. 26129.

United States Court of Appeals, Fifth Circuit.

March 25, 1969

Earl Faircloth, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for appellants.

Richard B. Austin, Jacksonville, Fla., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and KEADY, District judge.

PER CURIAM:

Petitioner is an inmate in a Florida prison. He was transferred to the maximum security section of the Raiford State Penitentiary and placed in solitary confinement for violation of a prison regulation prohibiting prisoners from assisting other inmates in the preparation of writs and legal papers. Petitioner filed a petition in the United States District Court for the Middle District of Florida in which he attacked the validity of the prison regulation and sought an order requiring law books to be furnished to the prisoners. Pursuant to petitioner's request for release from solitary confinement, the District Court treated this petition as a petition for habeas corpus. After a hearing, the District Court ordered that petitioner be released from solitary confinement and declared the prison regulation void because it barred prisoners from access to the courts.

The State appeals, arguing that the regulation is justified by the interest of the State in preserving prison discipline and in policing the unauthorized practice of law. This position is plainly foreclosed by the recent decision of the United States Supreme Court in Johnson v. Avery, Feb. 24, 1969, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718, where the Court held that 'unless and until the

Page 1338

State provides some reasonable alternative to assist inmates in the preparation of petitions for post-conviction relief, it may not validly enforce a regulation * * * barring inmates from furnishing such assistance to other prisoners.' 393 U.S. at 490, 89 S.Ct. at 751.

Florida has not demonstrated that it provides an available alternative to the assistance provided by other inmates. The State, however, attempts to distinguish Johnson v. Avery, supra, on the ground that the Tennessee prison regulation at issue there placed an absolute ban on prisoner assistance, whereas the Florida regulation before us allows such assistance to be...

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14 practice notes
  • 280 A.2d 110 (Pa. 1971), 626, Com. ex rel. Bryant v. Hendrick
    • United States
    • Pennsylvania Supreme Court of Pennsylvania
    • 2 Agosto 1971
    ...Punishment for giving legal assistance to fellow inmates was prohibited in Johnson v. Avery, supra, and Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Corporal punishment as a diciplinary measure by means of the strap was barred in Jackson v. Bishop, supra n. 3. In Jackson v. Bishop, ......
  • 349 F.Supp. 452 (S.D.Tex. 1972), Civ. A. 71-H-973, Dreyer v. Jalet
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 18 Septiembre 1972
    ...in carrying that burden. 453 F.2d at 664. See Beard v. Alabama Board of Corrections, 413 F.2d 455 (5th Cir. 1969); Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Similarly, inmates incarcerated in a state penal institution have a basic right, subject to reasonable regulations, to have......
  • 325 F.Supp. 1028 (W.D.N.Y. 1971), Civ. 1969-242, United States ex rel. Stevenson v. Mancusi
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • 20 Abril 1971
    ...inmates from furnishing such assistance to other prisoners.' Johnson v. Avery, supra, at 490, 89 S.Ct. at 751. In Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969), that court, in holding invalid a regulation almost identical to Inmates Rule 21, stated: '* * * Concededly, illiterates are ......
  • 452 F.2d 1071 (5th Cir. 1971), 71-2002, Andrade v. Hauck
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 20 Diciembre 1971
    ...complaints may not be denied or obstructed. Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969); Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Although these cases dealt with the writ of habeas corpus, which has historical and constitutional foundations of its own, ra......
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14 cases
  • 280 A.2d 110 (Pa. 1971), 626, Com. ex rel. Bryant v. Hendrick
    • United States
    • Pennsylvania Supreme Court of Pennsylvania
    • 2 Agosto 1971
    ...Punishment for giving legal assistance to fellow inmates was prohibited in Johnson v. Avery, supra, and Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Corporal punishment as a diciplinary measure by means of the strap was barred in Jackson v. Bishop, supra n. 3. In Jackson v. Bishop, ......
  • 349 F.Supp. 452 (S.D.Tex. 1972), Civ. A. 71-H-973, Dreyer v. Jalet
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 18 Septiembre 1972
    ...in carrying that burden. 453 F.2d at 664. See Beard v. Alabama Board of Corrections, 413 F.2d 455 (5th Cir. 1969); Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Similarly, inmates incarcerated in a state penal institution have a basic right, subject to reasonable regulations, to have......
  • 325 F.Supp. 1028 (W.D.N.Y. 1971), Civ. 1969-242, United States ex rel. Stevenson v. Mancusi
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • 20 Abril 1971
    ...inmates from furnishing such assistance to other prisoners.' Johnson v. Avery, supra, at 490, 89 S.Ct. at 751. In Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969), that court, in holding invalid a regulation almost identical to Inmates Rule 21, stated: '* * * Concededly, illiterates are ......
  • 452 F.2d 1071 (5th Cir. 1971), 71-2002, Andrade v. Hauck
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 20 Diciembre 1971
    ...complaints may not be denied or obstructed. Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969); Wainwright v. Coonts, 409 F.2d 1337 (5th Cir. 1969). Although these cases dealt with the writ of habeas corpus, which has historical and constitutional foundations of its own, ra......
  • Free signup to view additional results