Lindquist v. Idaho State Bd. of Corrections

• Decision Date: 15 November 1985
• Docket Number: No. 84-4253,84-4253
• Citation: 776 F.2d 851
• Parties: Phillip L. LINDQUIST, et al., Plaintiffs-Appellants, v. IDAHO STATE BOARD OF CORRECTIONS, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 851

776 F.2d 851

Phillip L. LINDQUIST, et al., Plaintiffs-Appellants, v. IDAHO STATE BOARD OF CORRECTIONS, et al., Defendants-Appellees.

No. 84-4253.

United States Court of Appeals Ninth Circuit.

Argued and Submitted June 28, 1985.

Decided Nov. 15, 1985.

Harold A. Belodoff, Boise, Idaho, for plaintiffs-appellants.

Lynn Thomas, Boise, Idaho, for defendants-appellees.

Appeal from the United States District Court for the District of Idaho.

Before WALLACE, FARRIS, and HALL, Circuit Judges.

WALLACE, Circuit Judge:

Certain inmates at the Idaho State Correctional Institution (the Prison) filed a class action in district court for declaratory and injunctive relief on behalf of all present and future inmates (the inmates) alleging a denial of their constitutional right of meaningful access to the courts. The district court certified the class, found certain deficiencies, and approved a plan to provide the inmates with meaningful access. Subsequently, the court found the Prison was complying with the plan, and denied the inmates' request for permanent injunctive relief. The inmates filed a timely appeal from the district court's order. We have jurisdiction under 28 U.S.C. Sec. 1291. We affirm.

I

In their class action filed pursuant to 42 U.S.C. Sec. 1983 on January 12, 1978, against certain state correctional officials, the inmates alleged that they were unable to prepare legal defenses, petitions, and appeals to the courts because the Prison did not provide them with access to an adequate library, sufficient legal assistance, an adequate number of functioning typewriters, sufficient paper and supplies, and access to copying machines. In addition, it was alleged that those inmates assigned to maximum security, to the adjacent reception center, and to the minimum custody facility located one-quarter of a mile from the Prison, were denied both access to the Prison's library and effective assistance from persons trained in the law.

On June 8, 1981, the district court found that the Prison's program to provide its inmates with meaningful access to the courts was constitutionally inadequate and issued an order giving the Prison six months to implement changes that would bring its program up to constitutional standards. On October 26, 1982, subsequent to a compliance hearing, the district court concluded that the Prison had substantially complied with the June 8, 1981 order, and dismissed the action. The inmates appealed the district court's finding of compliance, and later filed a motion for an order to show cause why the Prison should not be held in contempt for allegedly making drastic and detrimental changes in its legal access program. The district court denied the request because there was no outstanding order of the court that the Prison could have disobeyed. The inmates also appealed that decision.

In an unpublished disposition, we affirmed the district court's decision denying the inmates' motion for an order to show cause, but vacated the compliance determination and remanded to the district court for an entry of findings of fact and conclusions of law. See Fed.R.Civ.P. 52(a). On August 20, 1984, the district court did so. The inmates filed a motion to alter or amend the district court's findings and conclusions to reflect allegedly current conditions at the Prison's law library. The district judge denied the motion because he had not retained jurisdiction to monitor subsequent conditions at the law library. The inmates filed notice of appeal from the district court's denial of the requested declaratory and injunctive relief.

II

The status of prison law libraries is frequently changing due to new ideas pertaining to what law books should be provided, due to general efforts by prison officials to improve the libraries, and due to court orders. This library is no different. The status of the law library becomes a moving target and we must decide whether any changes made subsequent to entry of the order before us may affect our review.

The Prison contends our ability to review this case is affected by a subsequent district court decision involving this law library. The Prison argues that Xdoe v. Murphy, --- F.Supp. ---- No. 84-3115 (D.Idaho Apr. 26, 1985) (Xdoe ), may render "ineffective" any decision by us. By this we assume that the Prison suggests mootness. To deal with this suggestion, we take judicial notice of the factual findings in Xdoe, see United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980); Bryant v. Carleson, 444 F.2d 353, 357 (9th Cir.), cert. denied, 404 U.S. 967, 92 S.Ct. 344, 30 L.Ed.2d 287 (1971); Kasey v. Molybdenum Corp., 336 F.2d 560, 563 (9th Cir.1964); 9 C. Wright & A. Miller, Federal Practice and Procedure Sec. 2410, at 359-61 (1971), and consider whether the change in facts during the pendency of this appeal has caused some of the inmates' claims to become moot.

A case, or an issue in a case, is considered moot "if it has 'lost its character as a present, live controversy of the kind that must exist if we are to avoid advisory opinions on abstract propositions of law.' " Connolly v. Pension Benefit Guaranty Corp., 673 F.2d 1110, 1113 (9th Cir.1982), quoting Hall v. Beals, 396 U.S. 45, 48, 90 S.Ct. 200, 201, 24 L.Ed.2d 214 (1969) (per curiam). As a general rule, however, voluntary cessation of allegedly illegal conduct does not make a case moot. See United States v. W.T. Grant, Co., 345 U.S. 629, 632, 73 S.Ct. 894, 897, 97 L.Ed. 1303 (1953) (W.T. Grant ). But a case may become moot if "(1) it can be said with assurance that 'there is no reasonable expectation ...' that the alleged violation will recur, and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation." County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 1383, 59 L.Ed.2d 642 (1979) (citations omitted), quoting W.T. Grant, 345 U.S. at 633, 73 S.Ct. at 897; see Halet v. Wend Investment Co., 672 F.2d 1305, 1307-08 (9th Cir.1982). There is a heavy burden of proof to demonstrate mootness. See W.T. Grant, 345 U.S. at 633, 73 S.Ct. at 897.

In Xdoe, the district court pointed out that during the pendency of this appeal, the Prison moved its law library to a "more spacious quarters," and that "new tables and chairs have been provided with seating for up to 40 inmates." We conclude that the existence of the new library causes the inmates' claim that the Prison failed to provide adequate library space, tables, bookshelves, and lighting to be moot. Both in this case and in Xdoe, the district court emphasized that the Prison has acted in good faith to improve the quality and condition of its law library. There is no indication that the Prison will abandon its efforts. Indeed, the Prison's decision to move the library to more spacious quarters does not appear to have been motivated by a desire to cease voluntarily any illegal conduct, because the district court held that the former library facilities were constitutionally adequate. Furthermore, the existence of the new library completely and irrevocably eradicates any possible effects of the allegedly inferior library that existed at the time this appeal was taken. See Hudson v. Robinson, 678 F.2d 462 (3d Cir.1982).

The other issues, however, have not been totally mooted by the changes in the library's location. Consequently, we proceed to review the remaining questions presented to us.

III

When we first reviewed this case, we pointed out that "we have no quarrel with the district court's general statement of parameters in its June 8, 1981, order" but we remanded because we were "unable to review its application to specific facts" without findings. It thus appears that the plan was deemed satisfactory--our inquiry was as to its application. Nevertheless, the inmates argue that the plan approved by the district court to provide them with meaningful access to the courts does not meet minimum constitutional standards. This is a question of law reviewable de novo. See United States v. McConney, 728 F.2d 1195, 1199-1205 (9th Cir.) (en banc), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). Because our earlier disposition did not provide analysis, we will do so here.

The inmates allege first that the plan is constitutionally deficient because meaningful access can be achieved only by providing inmates with the assistance of an attorney. The Supreme Court has not gone that far. In Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977) (Bounds ), the Court held that prison inmates have a constitutional right of access to the courts that "requires prison authorities to assist inmates ... by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." Id. at 828, 97 S.Ct. at 1498 (emphasis added). The Court held that an adequate law library can provide inmates with meaningful access to the courts because "pro se petitioners are capable of using law books to file cases raising claims that are serious and legitimate even if ultimately unsuccessful." Id. at 826-27, 97 S.Ct. at 1497.

Relying on Bounds, we have held that a prison must provide inmates with access to an adequate law library or, in the alternative, with adequate assistance from persons trained in the law. See Washington v. Penwell, 700 F.2d 570, 572 (9th Cir.1983); United States v. Wilson, 690 F.2d 1267, 1271-72 (9th Cir.1982), cert. denied, 464 U.S. 867, 104 S.Ct. 205, 78 L.Ed.2d 178 (1983); Storseth v. Spellman, 654 F.2d 1349, 1352-53 (9th Cir.1981); Leeds v. Watson, 630 F.2d 674, 676-77 (9th Cir.1980). The district court interpreted Bounds in a similar fashion and approved the state's plan to furnish inmates with meaningful access to the courts by providing a law library with sufficient space, chairs, and bookcases; essential and up-to-date law books; paper and writing facilities; typewriters and copy equipment; and inmate law clerks trained to assist inmates with legal...