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William Earl Tucker and William Frank Schlicher v. Governor Bill Graves

Citations: 107 F.3d 881; 1997 WL 100884; 1997 U.S. App. LEXIS 7963Docket: 96-3015

Court: Court of Appeals for the Tenth Circuit; March 5, 1997; Federal Appellate Court

Narrative Opinion Summary

The case involves Kansas state inmates who filed a civil rights claim under 42 U.S.C. § 1983, challenging a prison policy restricting interinstitutional mail, arguing it impeded their ability to correspond for ongoing litigation. The district court dismissed the claim, interpreting it as a general assertion of inmates' rights to assist each other legally, a right subject to reasonable restrictions. The Tenth Circuit Court of Appeals affirmed this dismissal, noting the plaintiffs failed to demonstrate any actual injury from the policy, a requirement established by Lewis v. Casey for access to courts claims. Additionally, the court found the plaintiffs' arguments too general and conclusory. Despite the district court's initial denial, the appellate court granted the plaintiffs' motion to proceed in forma pauperis on appeal, applying the pre-Prison Litigation Reform Act standard. The court also ruled to strike Plaintiff Tucker’s reply brief for exceeding the allowable page limit. Ultimately, the appellate court affirmed the district court's dismissal with prejudice, found that an amendment of the complaint would be futile, and issued the mandate immediately.

Legal Issues Addressed

Access to Courts under 42 U.S.C. § 1983

Application: The plaintiffs, Kansas state inmates, failed to demonstrate an actual injury resulting from a mail restriction policy, which is necessary to support their access to courts claim.

Reasoning: The appellate court reviewed the dismissal de novo and found that the plaintiffs failed to demonstrate actual injury resulting from the mail ban, which is necessary to support their claim.

Citation of Unpublished Opinions

Application: Unpublished opinions can be cited for persuasive value when they are properly attached or provided to the court.

Reasoning: Unpublished opinions may be cited if they have persuasive value on a material issue and are properly attached or provided to the court and parties, as per a General Order from November 29, 1993.

Compliance with Court Rules

Application: The court struck Plaintiff Tucker's reply brief due to noncompliance with the maximum page limit set by appellate procedure rules.

Reasoning: In Tucker's case, the reply brief exceeded the maximum page limit set by Fed. R. App. P. 28(g), prompting its stricken status due to noncompliance with court rules.

In Forma Pauperis Status on Appeal

Application: Despite the district court's denial, the appellate court granted the plaintiffs' motion to proceed in forma pauperis on appeal, applying the pre-Prison Litigation Reform Act standard.

Reasoning: Under this standard, the motion to proceed in forma pauperis on appeal is granted.

Reasonable Restrictions on Inmate Legal Assistance

Application: The court upheld the dismissal of the claim as states can impose reasonable restrictions on legal assistance among inmates, and the plaintiffs did not specify how the restrictions hindered their legal pursuits.

Reasoning: Citing precedent that states can impose reasonable restrictions on legal assistance among inmates, the court dismissed the complaint before service.