In 1972, Maryland prison inmates filed a Section 1983 class action suit in federal district court for the District of Maryland against officials of the Maryland Department of Public Safety and Correctional Services. Plaintiffs sought declaratory and injunctive relief to remedy defendants' alleged failure to provide adequate law library facilities. At some point the Legal Aid Bureau agreed to represent plaintiffs.

In 1977, parties filed cross-motions for summary judgment. The District Court (Judge Frank Kaufman) granted defendants' motion for summary judgment holding that ""an indigent prisoner does have an adequate opportunity to present his claims fairly in Maryland's courts"" Hall v. Maryland, 433 F. Supp. 756, 781 (D. Md. 1977). Plaintiffs appealed, and the Court of Appeals affirmed in part, vacated in part, and remanded, holding that prisoners' ""constitutional right of access to the courts extends to federal civil rights claims."" Carter v. Hardy, 573 F.2d 172, 173 (4th Cir. 1978). On remand, the District Court held that the current Maryland legal assistance program did provide adequate legal assistance in civil rights matters and ordered defendants to submit a report six months later, detailing the maintenance of the assistance program. Carter v. Kamka, 515 F. Supp. 825 (D. Md. 1980).

In 1989, Judge Kaufman repeated his approval of Maryland's legal assistance to prisoners in dismissing new claims of violations by plaintiffs. Carter v. Kamka, 1989 WL 234029 (D. Md. Sept. 13, 1989). In 1996, in response to renewed challenges to the adequacy of Maryland's legal assistance program, Judge Kaufman held that the 1980 order did not extend to ""representation in cases other than those dealing with the status of convictions and actions under"" section 1983. Carter v. Kamka, 932 F. Supp. 122, 123 (D. Md. 1996).

There was no PACER docket available for this case.

Eoghan Keenan - 05/25/2005


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