University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Wade v. Kane PC-PA-0013
Docket / Court 78-206 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Prison Conditions
Case Summary
In 1978, inmates of the State Correctional Institution at Graterford filed a Section 1983 suit in the Eastern District of Pennsylvania, pro se, against the Secretary of Corrections for the Commonwealth of Pennsylvania and prison officials. Plaintiffs alleged that defendants' plan to close the ... read more >
In 1978, inmates of the State Correctional Institution at Graterford filed a Section 1983 suit in the Eastern District of Pennsylvania, pro se, against the Secretary of Corrections for the Commonwealth of Pennsylvania and prison officials. Plaintiffs alleged that defendants' plan to close the inmate run Para-Professional Law Clinic would violate inmates constitutional right of access to the courts.

Following a two-day hearing, the District Court (Judge Joseph S. Lord, III) held that closing PPLC violated inmates' rights to obtain legal assistance from other inmates and, in the absence of an adequate law library, inmates' rights of access to the courts. Subsequently, the court ordered that the Clinic be reopened. Wade v. Kane, 448 F. Supp. 678 (E.D. Pa. 1978).

Following Judge Lord's order, another group of inmates from the PPLC filed a complaint raising the same issues. Subsequently, this case was consolidated with Para-Professional Law Clinic v. Kane, which is included in the clearinghouse under PC-PA-008.

Eoghan Keenan - 06/10/2005


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Law library access
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) State Correctional Institution
Plaintiff Description State prisoners alleging that closing of prison law clinic by prison and state authorities deprived them of their constitutional rights
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1978 - n/a
Case Ongoing No
Case Listing PC-PA-0008 : U.S. ex. Rel. Paraprofessional Law Clinic v. Kane (E.D. Pa.)
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion (448 F.Supp. 678) (E.D. Pa.)
PC-PA-0013-0001.pdf | WESTLAW| LEXIS | Detail
Date: 03/29/1978
Source: Google Scholar
Table (591 F.2d 1338)
PC-PA-0013-0002.pdf | WESTLAW| LEXIS | Detail
Date: 01/25/1979
Judges Lord, Joseph Simon III Court not on record
PC-PA-0013-0001
Defendant's Lawyers Vickers, Maria Parisi (Pennsylvania)
PC-PA-0013-0001

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