U.S. Appeals Court: ACCESS TO ATTORNEY ACCESS TO COURT.

May v. Sheahan, 226 F.3d 876 (7th Cir. 2000). A pretrial detainee who suffered from Acquired Immune Deficiency Syndrome (AIDS) and was hospitalized brought an action against a county and county officials. The district court denied summary judgment for the sheriff on qualified immunity grounds and the sheriff appealed. The appeals court affirmed, finding that the detainee stated an equal protection claim by alleging that the sheriff for no legitimate reason, treated hospitalized detainees differently from jail detainees by shackling them to their beds and not taking them to court on their assigned court dates. The appeals court found that the allegation that the sheriff's restrictive policies caused the detainee to miss scheduled court appearances and impeded access to his attorney stated a claim for violation of his right of access to court. The appeals court found that the allegation that the sheriff implemented a policy that required him to be shackled to his bed around the clock, despite his weakened state and despite being watched by armed guards, was sufficient to state a substantive due process claim. (Cook County Jail, Illinois)