Beard v. Alabama Board of Corrections, 25450.
| Decision Date | 30 May 1969 |
| Docket Number | No. 25450.,25450. |
| Citation | 413 F.2d 455 |
| Parties | Jim BEARD, Appellant, v. ALABAMA BOARD OF CORRECTIONS, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Jim Beard, pro se, appellant.
David W. Clark, Asst. Atty. Gen., Montgomery, Ala., for appellee.
Before GODBOLD and SIMPSON, Circuit Judges, and McRAE, District Judge.
This appeal is taken from the denial of Appellant's Petition for Writ of Permanent Injunction in the District Court. Appellant sought to enjoin enforcement of a directive issued by state prison authorities which prohibits prisoners from assisting or aiding other inmates in the preparation of petitions for writs of habeas corpus in state or federal courts.1
Appellant, bringing this action on behalf of himself and all other prisoners similarly situated, claims that the directive violates certain constitutional rights guaranteed by the fourteenth amendment. Jurisdiction of the District Court was properly invoked. 28 U.S.C. § 1343(3); 42 U.S.C. §§ 1983, 1985(3).
Directive No. L-42 of the Alabama prison authorities is substantially identical to the regulation the enforcement of which was found to be constitutionally defective in Johnson v. Avery, supra. Its enforcement likewise cannot be permitted.
The present regulation, absolute in its terms, deprives many prisoners of their statutory and constitutional right to file a petition for habeas corpus in a federal court, and thus is invalid as written. State prison authorities may impose reasonable restraints upon the giving and receiving of assistance consistent with the maintenance of proper prison discipline and morale. Regulations restricting the time and place such aid may be made available and prohibiting the giving of compensation would be acceptable. A regulation prohibiting the granting of assistance altogether might well be sustained if the state were to make available a sufficient number of qualified attorneys or other persons capable and willing to render voluntary assistance in the...
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Dreyer v. Jalet, Civ. A. No. 71-H-973
...on the State, we must conclude that the State so far has failed 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 institutio......
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Cross v. Powers, 69-C-74.
...Cir. 1970); Wimberley v. Field, 423 F.2d 1292 (9th Cir. 1970); Sigafus v. Brown, 416 F.2d 105 (7th Cir. 1969); Beard v. Alabama Board of Corrections, 413 F.2d 455 (5th Cir. 1969); Smartt v. Avery, 370 F.2d 788 (6th Cir. 1967); Coleman v. Peyton, 362 F.2d 905, 907 (4th Cir. 1966), cert. deni......
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Novak v. Beto, 31116.
...against appellants on all of these issues. We conclude, however, that in light of Johnson v. Avery, supra, and Beard v. Alabama Bd. of Corrections, 5th Cir. 1969, 413 F.2d 455, the legal assistance regulation in question cannot stand. We affirm the district court's holding that solitary con......
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Wallace v. Kern, 72-C-898
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