Phillips v. Hust.U.S. District Court LAW LIBRARY LEGAL MATERIAL Phillips v. Hust, 338 F.Supp.2d 1148 (D.Or. 2004). A state prisoner one in confinement, or under arrest, for a political offense. See also: State 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 Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. for the librarian, and found triable tri·a·ble adj. 1. Capable of being tried or tested: a triable plan. 2. Law Subject to judicial examination: a triable case. 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 librarian's position should have known that refusal of the prisoner's request could result in him missing the filing deadline. The court held that a misconduct report filed against the prisoner by the librarian, following the prisoner's letter to a legal publisher, did not violate the prisoner's First Amendment rights. (Snake River Snake River River, northwestern U.S. It is the largest tributary of the Columbia River and one of the most important streams in the Pacific Northwest. It rises in the mountains of Yellowstone National Park in Wyoming and flows south and west through Idaho, turning north at Correctional Institution Noun 1. correctional institution - a penal institution maintained by the government detention camp, detention home, detention house, house of detention - an institution where juvenile offenders can be held temporarily (usually under the supervision of a juvenile , Oregon) |
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