University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Fluhr v. Roberts JC-KY-0003
Docket / Court 77-332 ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Jail Conditions
Case Summary
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 ... read more >
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).

Kristen Sagar - 05/26/2007


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Issues and Causes of Action
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Issues
General
Law library access
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Jefferson County
Plaintiff Description Prisoner of a county jail alleging unconstitutional treatment
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 1978 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum and Order 10/20/1978 (460 F.Supp. 536) (W.D. Ky.)
JC-KY-0003-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum 01/17/1979 (463 F.Supp. 745) (W.D. Ky.)
JC-KY-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Ballantine, Thomas Austin Jr. (W.D. Ky.)
JC-KY-0003-0001 | JC-KY-0003-0002
Monitors/Masters None on record
Plaintiff's Lawyers Clay, Thomas E. (Kentucky)
JC-KY-0003-0001 | JC-KY-0003-0002
Defendant's Lawyers Dodd, Alan P. III (Kentucky)
JC-KY-0003-0001 | JC-KY-0003-0002
Miller, J. Bruce (Kentucky)
JC-KY-0003-0001 | JC-KY-0003-0002
Other Lawyers None on record

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