Case: Fluhr v. Roberts

3:77-00332 | U.S. District Court for the Western District of Kentucky

Filed Date: July 20, 1977

Clearinghouse coding complete

Case Summary

A prisoner at the Jefferson County Jail in Kentucky filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Kentucky, alleging that the county had unconstitutionally failed to provide access to legal research materials. The defendants agreed to make some legal library resources available at the jail, and the court (Judge Thomas Ballantine) found that to be sufficient, holding that since the average stay at the jail was only a week, the jail was not require…

A prisoner at the Jefferson County Jail in Kentucky filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Kentucky, alleging that the county had unconstitutionally failed to provide access to legal research materials. The defendants agreed to make some legal library resources available at the jail, and the court (Judge Thomas Ballantine) found that to be sufficient, holding that since the average stay at the jail was only a week, the jail was not required to furnish a full legal library. Fluhr v. Roberts, 460 F.Supp. 536 (W.D.Ky. 1978).

Shortly thereafter, the plaintiff filed another lawsuit in the U.S. District Court for the Western District of Kentucky, alleging unreasonable searches, seizures, and confiscation of personal property, deprivation of access to the law library, inadequate medical, laundry and recreational facilities, unsanitary and malnutritional food services, and failure to provide other minimal hygienic necessities. The plaintiff's attorney asked the court to allow him to withdraw as counsel and to be awarded attorney's fees, and the plaintiff filed a pro se motion for a preliminary injunction to compel implementation of the law library loan program.

The U.S. District Court for the Western District of Kentucky (Judge Thomas Ballantine) held that the attorney should be allowed to withdraw and collect his fees, and that pro se motion for injunction would be denied, as the law library loan program was operating according to plan. Fluhr v. Roberts, 463 F.Supp. 745 (W.D.Ky. 1979).

Summary Authors

Kristen Sagar (5/26/2007)

People


Judge(s)

Ballantine, Thomas Austin Jr. (Kentucky)

Attorneys(s) for Plaintiff

Clay, Thomas E. (Kentucky)

Attorneys(s) for Defendant

Dodd, Alan P. III (Kentucky)

Miller, J. Bruce (Kentucky)

Judge(s)

Ballantine, Thomas Austin Jr. (Kentucky)

Attorneys(s) for Plaintiff

Clay, Thomas E. (Kentucky)

Attorneys(s) for Defendant

Dodd, Alan P. III (Kentucky)

Miller, J. Bruce (Kentucky)

Documents in the Clearinghouse

Document

3:77-00332

Memorandum and Order

460 F.Supp. 536

Oct. 20, 1978

Oct. 20, 1978

Order/Opinion

3:77-00332

Memorandum

463 F.Supp. 745

Jan. 17, 1979

Jan. 17, 1979

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 20, 1977

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Prisoner of a county jail alleging unconstitutional treatment

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jefferson County (Jefferson), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 1978 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Law library access

Type of Facility:

Government-run