Case: Carter v. Kamka

1:72-00642 | U.S. District Court for the District of Maryland

Filed Date: June 23, 1972

Closed Date: July 16, 1996

Clearinghouse coding complete

Case Summary

In 1972, Maryland prison inmates filed a Section 1983 class action suit in federal district court for the District of Maryland against officials of the Maryland Department of Public Safety and Correctional Services. Plaintiffs sought declaratory and injunctive relief to remedy defendants' alleged failure to provide adequate law library facilities. At some point the Legal Aid Bureau agreed to represent plaintiffs.In 1977, parties filed cross-motions for summary judgment. The District Court (J…

In 1972, Maryland prison inmates filed a Section 1983 class action suit in federal district court for the District of Maryland against officials of the Maryland Department of Public Safety and Correctional Services. Plaintiffs sought declaratory and injunctive relief to remedy defendants' alleged failure to provide adequate law library facilities. At some point the Legal Aid Bureau agreed to represent plaintiffs.

In 1977, parties filed cross-motions for summary judgment. The District Court (Judge Frank Kaufman) granted defendants' motion for summary judgment holding that ""an indigent prisoner does have an adequate opportunity to present his claims fairly in Maryland's courts"" Hall v. Maryland, 433 F. Supp. 756, 781 (D. Md. 1977). Plaintiffs appealed, and the Court of Appeals affirmed in part, vacated in part, and remanded, holding that prisoners' ""constitutional right of access to the courts extends to federal civil rights claims."" Carter v. Hardy, 573 F.2d 172, 173 (4th Cir. 1978). On remand, the District Court held that the current Maryland legal assistance program did provide adequate legal assistance in civil rights matters and ordered defendants to submit a report six months later, detailing the maintenance of the assistance program. Carter v. Kamka, 515 F. Supp. 825 (D. Md. 1980).

In 1989, Judge Kaufman repeated his approval of Maryland's legal assistance to prisoners in dismissing new claims of violations by plaintiffs. Carter v. Kamka, 1989 WL 234029 (D. Md. Sept. 13, 1989). In 1996, in response to renewed challenges to the adequacy of Maryland's legal assistance program, Judge Kaufman held that the 1980 order did not extend to ""representation in cases other than those dealing with the status of convictions and actions under"" section 1983. Carter v. Kamka, 932 F. Supp. 122, 123 (D. Md. 1996).

There was no PACER docket available for this case.

Summary Authors

Eoghan Keenan (5/25/2005)

People


Judge(s)

Butzner, John Decker Jr. (Virginia)

Hall, Kenneth Keller (West Virginia)

Haynsworth, Clement Furman Jr. (South Carolina)

Kaufman, Frank Albert (Maryland)

Attorneys(s) for Plaintiff

Brown, C. Christopher (Maryland)

Fishman, Richard G. (Maryland)

Millemann, Michael A. (Maryland)

Morgan, Charles F. (Maryland)

North, Richard L. (Maryland)

Attorneys(s) for Defendant

Burch, Francis B. (Maryland)

Judge(s)

Butzner, John Decker Jr. (Virginia)

Hall, Kenneth Keller (West Virginia)

Haynsworth, Clement Furman Jr. (South Carolina)

Kaufman, Frank Albert (Maryland)

Attorneys(s) for Plaintiff

Brown, C. Christopher (Maryland)

Fishman, Richard G. (Maryland)

Millemann, Michael A. (Maryland)

Morgan, Charles F. (Maryland)

North, Richard L. (Maryland)

Attorneys(s) for Defendant

Burch, Francis B. (Maryland)

Caplis, Stephen B. (Maryland)

Frankel, Henry J. (Maryland)

Howard, John Burnside Jr. (Maryland)

Nathan, Stuart M. (Maryland)

Sachs, Stephen H. (Maryland)

Sharp, Clarence W. (Maryland)

Weber, Stephanie Judith Lane (Maryland)

Documents in the Clearinghouse

Document

1:72-00642

71-00037

72-00295

72-00417

72-00060

74-00001

Reported Opinion

Hall v. State of Maryland

433 F.Supp. 756, 1977 U.S.Dist.LEXIS 17463

Feb. 8, 1977

Feb. 8, 1977

Order/Opinion

77-01530

Reported Opinion

Carter v. Mandel

U. S. Court of Appeals for the Fourth Circuit

573 F.2d 172, 1978 U.S.App.LEXIS 12066

March 21, 1978

March 21, 1978

Order/Opinion

1:72-00642

Memorandum and Order

515 F.Supp. 825, 1980 U.S.Dist.LEXIS 16684

Dec. 12, 1980

Dec. 12, 1980

Order/Opinion

1:72-00642

Memorandum and Order

1989 WL 234029

Sept. 13, 1989

Sept. 13, 1989

Order/Opinion

1:72-00642

Memorandum and Order

932 F.Supp. 122, 1996 U.S.Dist.LEXIS 10049

July 16, 1996

July 16, 1996

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Maryland

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 23, 1972

Closing Date: July 16, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of Maryland

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Maryland Correctional System , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1980 - None

Issues

General:

Access to lawyers or judicial system

Law library access

Library (non-law) access

Type of Facility:

Government-run