Carter v. Kamka

• Decision Date: 12 December 1980
• Docket Number: Civ. No. K-72-642.
• Citation: 515 F. Supp. 825
• Parties: James Edward CARTER, et al. v. Gordon C. KAMKA, et al.
• Court: U.S. District Court — District of Maryland

515 F. Supp. 825

James Edward CARTER, et al. v. Gordon C. KAMKA, et al.

Civ. No. K-72-642.

United States District Court, D. Maryland.

December 12, 1980.

Richard L. North, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

Stephen H. Sachs, Atty. Gen. of Maryland, Stephen B. Caplis, Asst. Atty. Gen. of Maryland, Baltimore, Md., for defendants.

MEMORANDUM AND ORDER

FRANK A. KAUFMAN, District Judge.

(1) Prior to the date hereof, the within case and Civil Nos. K-71-37, K-72-60, K-72-295, K-72-417 and K-74-1 have been consolidated for all purposes. That consolidation, pursuant to Federal Civil Rule 42(a), is hereby noted.

(2) A proposed "Final Decree" was presented to this Court on April 16, 1980 by counsel for defendants. That "Final Decree" as updated by Court and counsel is attached hereto. As that document indicates, the sole issue remanded for determination by this Court is with respect to the constitutional obligation of the State of Maryland to provide assistance to plaintiffs in federal civil rights cases" in connection with the preparation of complaints to be filed by plaintiffs in those cases. Carter v. Mandel, 573 F.2d 172, 172 (4th Cir. 1978), affirming this Court's opinion in all other respects in Hall v. Maryland, 433 F.Supp. 756 (D.Md.1977). In so doing, the Fourth Circuit relied upon Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), and in connection with the remand issue, the discussion by the Supreme Court in Bounds at 828 n.17, 97 S.Ct. at 1498 n.17.

(3) Since April 16, 1980, this Court has delayed the issuance of a Final Decree in this case so that it could learn how the Prisoner Assistance Project (PAP) and the services being performed by the Inmate Services Division (ISD) of the Maryland Public Defender's Office (MPD) were operating in practice. A number of the references in the proposed Final Decree submitted on April 16, 1980 referred to actions which were contemplated in the future. In the interim since April 16, 1980, the programs and projects referred to therein have become operational. On the basis of observance of those programs and projects, this Court is now able to make and does make the findings of facts set forth in the attachment hereto. As far as this Court can ascertain, inmates confined within the Maryland correctional system are able to obtain assistance from the ISD in connection with the preparation of complaints to be filed in federal habeas corpus cases pursuant to 28 U.S.C. § 2254 and from the PAP in connection with the preparation of complaints to be filed in federal civil rights cases pursuant to 42 U.S.C. § 1983. Insofar as the PAP is concerned, the said project could not function as it does today without the assistance of an able, dedicated group of attorneys working under the auspices of the Maryland State Bar Association in connection with the PAP of The Legal Aid Bureau, Incorporated, Baltimore, Maryland. In sum, the combination of the services provided by the ISD, PAP and the Maryland State Bar Association does enable inmates within the correctional system of the State of Maryland to obtain legal advice and assistance in connection with the preparation of complaints to be filed in this Court pursuant to 28 U.S.C. § 2254 and 42 U.S.C. § 1983. Additionally, this Court is satisfied that the Maryland correctional officials have taken appropriate steps, along with the ISD and the PAP, to make known to such inmates the availability of those legal services.

(4) The programs currently being supplied by the ISD and the PAP depend in large measure upon federal funding. If and when any of the federal funding required for the continuation of the provision of legal services by the ISD and the PAP either terminates or is not continued at a sufficient level to enable the same to continue to be offered, the State of Maryland will be required either solely, or jointly with the federal government, to fund the same to the extent required.

(5) In its per curiam opinion in Carter v. Mandel, supra at 173, the Fourth Circuit affirmed this Court's determination in Hall v. Maryland, supra, that "the legal assistance provided for all other types of litigation that is, other than in connection with the preparation of complaints in federal habeas corpus and federal civil rights cases was constitutionally sufficient." However, the Fourth Circuit ended its said per curiam opinion as follows:

Although litigation is not static and the future may require changes, the record establishes that Maryland has commendably recognized its constitutional obligation to provide legal assistance for its prisoners.

As of this date, this Court is able to state, and does hereby state, that the State of Maryland is discharging its constitutional obligations to provide legal assistance to those prisoners for all types of litigation including, in accordance with the findings and conclusions set forth hereinabove in this Memorandum and Order, assistance required in connection with the preparation of federal habeas corpus and federal civil rights complaints to be filed in this Court. In that connection, the undersigned member of this Court is authorized to state that all of the other Judges of this Court except Judge Ramsey^* have authorized him to make the statement set forth in the preceding sentence hereof on their as well as on his behalf.

(6) Plaintiffs continue to contend that inmates within the Maryland correctional system not only have the right to represent themselves in any and all litigation they desire to institute, including cases brought in this Court pursuant to 28 U.S.C. § 2254 and 42 U.S.C. § 1983, but also to have available to them adequate prison law libraries in connection with such litigation. Plaintiffs take the position that the provision of legal assistance is not an adequate substitute for law libraries because such legal assistance does not help the inmate who desires to proceed pro se in connection with both the preparation and the conduct of such litigation. In this Court's opinion, that argument is inconsistent with the holdings of, and the views expressed by, the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit and this Court in Bounds v. Smith, Carter v. Mandel and Hall v. Maryland. See United States v. Blue Thunder, 604 F.2d 550, 556-57 (8th Cir. 1979); United States v. Chatman, 584 F.2d 1358, 1360 (4th Cir. 1978); United States v. West, 557 F.2d 151, 152-53 (8th Cir. 1977). See also Owens-El v. Robinson, 442 F.Supp. 1368, 1386-87 (W.D.Pa.1978), in which the District Court noted (at 1387) "that the fact that the prisoners were represented by counsel in criminal cases did not necessarily mean they had access to assistance of counsel for civil rights and habeas corpus actions" and held that "the failure * * * to provide legal materials and facilities necessary for self-representation constitutes a violation of the Sixth and Fourteenth Amendments." In Maryland today, inmates do have "access to assistance of counsel for civil rights and habeas corpus actions" and accordingly do not have a right also to "access to legal materials and facilities." To the extent, if any, to which Owens-El suggests otherwise, this Court respectfully disagrees.

(7) Defendants are hereby required to continue to maintain and to provide the legal services to inmates within the Maryland correctional system which they were providing at the time this Court filed its prior opinion in this case (see Hall v. Maryland, supra) and which they have thereafter continued and/or commenced to provide as set forth hereinabove and in the attachment hereto. Additionally, it is hereby Ordered that defendants shall submit to this Court, no less frequently than every six months, reports setting forth their compliance with the provisions of the preceding sentence of this Memorandum and Order until relieved of such obligation by this Court.

(8) While the within case will be marked "closed," the court file in this case will remain available to receive any and all reports as so required. In addition, any one of the parties hereto may seek to reopen this case at any time for any appropriate reason.

(9) The Clerk is directed to mail copies of this Memorandum and Order to Messrs. Bekman, Caplis, Dorsey, North, O'Ferrall and Spofford. Mr. Caplis is asked to arrange for appropriate posting of this Memorandum and Order and of the attachment hereto at an appropriate place within each of the confinement institutions of the State of Maryland. It is so ORDERED.

FINAL DECREE

The parties having made various written submissions to this Court, and the Court having held a hearing on March 27, 1980, and a chambers conference on March 28, 1980, wherein certain agreed facts were presented by counsel for both parties, and this Court having noticed other facts, the Court will herein set forth its findings of fact, conclusions of law, and order for relief. The sole issue remaining to be decided in all of these cases is whether the State of Maryland provides adequate legal services for its inmate population¹ in regard to that population's ability to file and litigate "federal civil rights cases", Carter v. Mandel, 573 F.2d 172, 173 (4th Cir. 1978).

I. FINDINGS OF FACT

A. AGREED FACTS

At the proceeding of March 27, 1980, which was attended by counsel for plaintiffs, counsel for defendants, counsel who directs the Prisoner's Assistance Project (hereinafter "PAP"), discussed infra, and members of the Maryland Public Defender's Office (hereinafter "MPD") and its Inmate Services Division (hereinafter "ISD"), plaintiff's counsel, while carefully preserving plaintiffs' contention that the proposed legal services program was insufficient to meet the mandate of Carter v. Mandel and maintained that law libraries in each major Department of Corrections institution were required, did agree to the factual accuracy of representations made by defense counsel in earlier letters to ...