Younger v. Gilmore

CourtU.S. Supreme Court
Writing for the CourtPER CURIAM
CitationYounger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971)
Decision Date08 November 1971
Docket NumberNo. 70-9,70-9
PartiesEvelle J. YOUNGER et al., appellants, v. Robert O. GILMORE, Jr., et al

George R. Nock, San Francisco, Cal., for appellants.

John E. Wahl, San Francisco, Cal., for appellees.

PER CURIAM.

On this appeal we postponed the question of jurisdiction pending the hearing of the case on the merits. Lynch v. Gilmore, 401 U.S. 906, 91 S.Ct. 864, 27 L.Ed.2d 804 (1971).

Having heard the case on its merits, we find that this Court does have jurisdiction (Alabama State Teachers Ass'n v. Alabama Public School and College Authority, 393 U.S. 400, 89 S.Ct. 681, 21 L.Ed.2d 631 (1969)) and affirm the judgment of the District Court for the Northern District of California. Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969).

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197 cases
  • Keker v. Procunier
    • United States
    • U.S. District Court — Eastern District of California
    • August 8, 1975
    ...and had consented to searches of their person. See also Gilmore v. Lynch, 319 F.Supp. 105 (Cal.1970), affirmed, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971). 6 See 417 U.S. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495, 503 ...
  • Nadeau v. Helgemoe
    • United States
    • U.S. District Court — District of New Hampshire
    • December 6, 1976
    ...the right taken from the prisoner. Gilmore v. Lynch, 319 F.Supp. 105, 109 n.6 (N.D.Cal.1970), aff'd sub nom., Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed. 142 (1971). The test comes into question when a prisoner complains of infringement upon a substantive constitutional right or......
  • Souza v. Travisono
    • United States
    • U.S. District Court — District of Rhode Island
    • December 18, 1973
    ...this point other than to quote from Gilmore v. Lynch, 319 F. Supp. 105, 109 (N.D.Cal.1970) aff'd sub nom. Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971) wherein the district court held: "Reasonable access to the courts is a constitutional imperative which has been held......
  • National Ass'n of Radiation Survivors v. Walters
    • United States
    • U.S. District Court — Northern District of California
    • June 12, 1984
    ...trained persons. See also Gilmore v. Lynch, 319 F.Supp. 105, 110 (N.D.Cal.1970), aff'd per curiam sub nom. Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971) (invalidating prison regulation severely limiting law books in prison libraries because it denies reasonable access......
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  • Racial Justice and Federal Habeas Corpus as Postconviction Relief from State Convictions
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 69-2, January 2018
    • Invalid date
    ...cases like MacCollum, 426 U.S. 317 (28 U.S.C. § 2255). Finley, 481 U.S. at 556-57.289. Avery, 393 U.S. at 485.290. Id.291. Id. at 487.292. 404 U.S. 15 (1971).293. Bounds, 430 U.S. at 817. 294. 312 U.S. 546 (1941).295. Bounds, 430 U.S. at 821-22.296. Hull, 312 U.S. at 547-49.297. Id. at 549.......
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    • March 1, 2012
    ...(1999b). A new emphasis for correctional facilities’ libraries. Journal of Academic Librarianship, 25, 114-120.Younger v. Gilmore. (1971). 404 U.S 15.BiosMichael J. Sabath is associate dean for academic affairs and associate professor of Public Affairs at San Diego State University-Imperial......