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Tarpley v. Allen County, Indiana.


U.S. Appeals Court

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Tarpley v. Allen County, Indiana Allen County is the largest county (by area) located in the U.S. state of Indiana. As of 2004, the population was 342,168. The county seat is Fort Wayne6. History
Allen County was formed April 1, 1824. The county is named for Col.
, 312 F.3d 895 (7th Cir. 2002). A former inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr.  sued a county, alleging interference with his right to exercise his religion and denial of meaningful access to courts. The district court entered summary judgment for the county and the inmate appealed. The appeals court affirmed. The court held that the inmate's free exercise rights were not violated by the county's refusal to allow him to use his own Bible and requiring him to use the jail's Bible, even though his personal Bible had commentary that the jail Bible did not have. The court found the jail policy of not allowing inmates to keep personal books to be reasonably related to its interest in maintaining safe conditions and preventing disputes over lost or damaged items. The court noted that the inmate did not assert that the commentary in his personal Bible had become part of fundamental texts of his religion as a whole.

The court held that the inmate's allegation that the jail's inadequate resources prevented him from pursuing other court actions, was insufficient to raise a triable tri·a·ble  
adj.
1. Capable of being tried or tested: a triable plan.

2. Law Subject to judicial examination: a triable case.
 issue of fact where he alleged no actual injury and the jail's lack of resources only posed a theoretical problem. The inmate had requested legal assistance in connection with lawsuits he wished to pursue against the county, and writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge
habeas corpus

judicial writ, writ - (law) a legal document issued by a court or judicial officer
. He requested legal assistance, asked for case law, reference materials, legal forms and access to a law library. Jail officials informed him that they did not have the materials he was requesting, nor did they have a law library. The court noted that the inmate did have the assistance of a public defender public defender, governmental official who represents indigent persons accused of crime. U.S. Supreme Court decisions expanding the right to counsel to pretrial proceedings and holding that a person cannot be sentenced to even one day in jail unless a lawyer was , but that it was limited to his criminal case. (Allen County Allen County is the name of several counties in the United States:
  • Allen County, Indiana
  • Allen County, Kansas
  • Allen County, Kentucky
  • Allen County, Ohio
  • Allen Parish, Louisiana
 Jail, Indiana)
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Title Annotation:prisoner alleges right to exercise his religion, prison security
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U3IN
Date:Feb 1, 2003
Words:298
Previous Article:Reilly v. Grayson.(exposure to tobacco presents serious health risk of prisoner, prison rules)(Brief Article)
Next Article:Koch v. Lewis.(inmate's solitary confinement based on alleged gang membership)(Brief Article)
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