U.S. District Court: LIMITATIONS PROHIBITED PROPERTY.Roberts v. Cohn, 63 F.Supp.2d 921 (N.D.Ind. 1999). Prisoners brought a [sections] 1983 action against a prison and prison officials alleging violation of their First and Fourteenth Amendment rights by a prison policy of prohibiting typewriters and word processors (1) Software that provides word processing functions on a computer. (2) A computer specialized for word processing. Until the late 1970s, word processors were always dedicated machines. Today, computers have replaced almost all dedicated word processors.. The district court granted summary judgment in favor of the defendants. The court held that although inmates have a right to meaningful access to courts, this access is satisfied by providing basic materials, such a pens and paper, for the preparation of legal materials. According to the court, prison inmates do not have a constitutional right to use or possess typewriters and word processors. The court found that the policy, which allows prisoners to keep typewriters or word processors that they currently own, but prohibits prisoners from purchasing new machines, did not discriminate on the basis of suspect classifications such as race or religion. The court noted that the prisoners did not present evidence that they failed a course or program of s tudy due to their inability to turn in typewritten work, and therefore did not show any violation of a liberty interest that they had in possessing a typewriter or word processor. (Indiana State Prison) |
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