U.S. District Court: PRISONER ASSOCIATIONS.

Nicholas v. Miller 109 F.supp.2d 152 (S.D.N.Y. 2000). A prisoner brought a pro se [sections] 1983 action against state prison officials alleging violation of his rights when they denied his request to form a prisoners advocacy center, seeking injunctive, declaratory, and monetary relief. The district court dismissed the case as frivolous hut the appeals court affirmed in part and vacated and remanded in part. On remand, the district court denied the injunction and denied summary judgment to all parties. In denying the injunction the court held that the prisoner was not likely to succeed on the merits of his complaint, noting that refusal to permit the center was rationally related to concerns that the group might cause security problems and that prisoners could still express grievances on an individual basis. The prisoner had asked for permission to establish a "Prisoners' Legal Defense Center" that would have three kinds of activities: (1) disseminate information to the public and the media regarding legal i ssues of importance to prisoners; (2) engage in "impact litigation" to prosecute lawsuits of relatively wide significance; and (3) educate the local inmate population, allowing prisoners to assemble, discuss their views and attempt to arrive at a consensus, inviting speakers, holding paralegal training classes and possibly publishing handbooks and pamphlets. Officials denied the request, stating that the Center would duplicate existing services and opportunities, and that the Center might create a significant security risk because particularly belligerent prisoners may use the Center to incite violence. (New York State Department of Corrections, Woodbourne Correctional Facility)