Filed Date: July 20, 1977
Clearinghouse coding complete
A prisoner at the Jefferson County Jail in Kentucky filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Kentucky, alleging that the county had unconstitutionally failed to provide access to legal research materials. The defendants agreed to make some legal library resources available at the jail, and the court (Judge Thomas Ballantine) found that to be sufficient, holding that since the average stay at the jail was only a week, the jail was not required to furnish a full legal library. Fluhr v. Roberts, 460 F.Supp. 536 (W.D.Ky. 1978).
Shortly thereafter, the plaintiff filed another lawsuit in the U.S. District Court for the Western District of Kentucky, alleging unreasonable searches, seizures, and confiscation of personal property, deprivation of access to the law library, inadequate medical, laundry and recreational facilities, unsanitary and malnutritional food services, and failure to provide other minimal hygienic necessities. The plaintiff's attorney asked the court to allow him to withdraw as counsel and to be awarded attorney's fees, and the plaintiff filed a pro se motion for a preliminary injunction to compel implementation of the law library loan program.
The U.S. District Court for the Western District of Kentucky (Judge Thomas Ballantine) held that the attorney should be allowed to withdraw and collect his fees, and that pro se motion for injunction would be denied, as the law library loan program was operating according to plan. Fluhr v. Roberts, 463 F.Supp. 745 (W.D.Ky. 1979).
Summary Authors
Kristen Sagar (5/26/2007)
Ballantine, Thomas Austin Jr. (Kentucky)
Clay, Thomas E. (Kentucky)
Dodd, Alan P. III (Kentucky)
Miller, J. Bruce (Kentucky)
Ballantine, Thomas Austin Jr. (Kentucky)
Last updated March 25, 2024, 3:03 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kentucky
Case Type(s):
Key Dates
Filing Date: July 20, 1977
Case Ongoing: Perhaps, but long-dormant
Plaintiffs
Plaintiff Description:
Prisoner of a county jail alleging unconstitutional treatment
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Jefferson County (Jefferson), County
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 1978 - None
Content of Injunction:
Issues
Jails, Prisons, Detention Centers, and Other Institutions:
Type of Facility: