Phillips v. Hust.

PositionACCESS TO COURT - Brief Article

U.S. District Court

LAW LIBRARY

LEGAL MATERIAL

Phillips v. Hust, 338 F.Supp.2d 1148 (D.Or. 2004). A state prisoner brought a [section] 1983 action against a prison librarian, alleging violations of his right to free speech and right to access of courts. The court denied qualified immunity for the librarian, and found triable issues of fact regarding the motivations of the librarian in denying the prisoner timely access to a binder. The court noted that the librarian took an atypically long time to answer prisoner's request to bind, the prisoner's petition missed the filing deadline and was denied as untimely, and a person in the...

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