Carter v. Mandel, 77-1530
| Decision Date | 21 March 1978 |
| Docket Number | No. 77-1530,77-1530 |
| Citation | 573 F.2d 172 |
| Parties | James Edward CARTER, Appellant, v. Marvin MANDEL, Governor, Robert J. Lally, Secretary of Public Safety and Correctional Service, J. Brown Hardy, Acting Director of Patuxent Institution and etc., Appellees. James Edward CARTER, Appellant, v. J. Brown HARDY, Acting Director, Patuxent, Appellee. Charles Anegus ALLEN, James Edward Carter, Inmates, Patuxent Institution, on behalf of themselves and all others similarly situated, and Robert T. Morgan, Appellants, v. Robert J. LALLY, Secretary, Maryland Department of Public Safety and Correctional Services, Mark A. Levine, Commissioner, Maryland Division of Correction, J. Brown Hardy, Acting Director, Patuxent Institution, Franklin Goldstein, Chairman, Board of Patuxent Institution, Jonas Rappeport, M. D., Associate Member, Board of Patuxent Institution, Rev. Marcus G. Wood, Associate Member, Board of Patuxent Institution, and Peter Lejins, M. D., Associate Member, Board of Patuxent Institution, Jerome D. Fran, Robert A. Gordon, Edward A. Tomlinson, Monor B. Crager, Robert B. Levinson, Olive Quinn, John M. Pettibone, Leonard A. Briscoe, Jasper R. Clay, Jr., Russell J. White, and Robert Cahill, Members of Patuxent's Board of Directors, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Charles F. Morgan, Baltimore, Md. (Michael A. Millemann, The Legal Service Clinic; Richard G. Fishman, Baltimore Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.
Henry J. Frankel, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Md., and Clarence W. Sharp, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees.
Before HAYNSWORTH, Chief Judge, and BUTZNER and HALL, Circuit Judges.
This action was brought to challenge the adequacy of the legal assistance available to Maryland prisoners. The state has not established prison law libraries, but it operates a public defender program. The district court's opinion carefully analyzes the prisoners' needs and the public and private assistance that is available. See, Hall v. State of Maryland, 433 F.Supp. 756 (D.Md.1977).
Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), decided after this case was tried, holds that failure to provide prisoners with adequate law libraries or assistance from legally trained persons violates their constitutional right of access to the courts. With one exception, the district court correctly...
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