Case: Wade v. Kane

2:78-00206 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 19, 1978

Clearinghouse coding complete

Case Summary

In 1978, inmates of the State Correctional Institution at Graterford filed a Section 1983 suit in the Eastern District of Pennsylvania, pro se, against the Secretary of Corrections for the Commonwealth of Pennsylvania and prison officials. Plaintiffs alleged that defendants' plan to close the inmate run Para-Professional Law Clinic would violate inmates constitutional right of access to the courts.Following a two-day hearing, the District Court (Judge Joseph S. Lord, III) held that closing PPL…

In 1978, inmates of the State Correctional Institution at Graterford filed a Section 1983 suit in the Eastern District of Pennsylvania, pro se, against the Secretary of Corrections for the Commonwealth of Pennsylvania and prison officials. Plaintiffs alleged that defendants' plan to close the inmate run Para-Professional Law Clinic would violate inmates constitutional right of access to the courts.

Following a two-day hearing, the District Court (Judge Joseph S. Lord, III) held that closing PPLC violated inmates' rights to obtain legal assistance from other inmates and, in the absence of an adequate law library, inmates' rights of access to the courts. Subsequently, the court ordered that the Clinic be reopened. Wade v. Kane, 448 F. Supp. 678 (E.D. Pa. 1978).

Following Judge Lord's order, another group of inmates from the PPLC filed a complaint raising the same issues. Subsequently, this case was consolidated with Para-Professional Law Clinic v. Kane, which is included in the clearinghouse under PC-PA-008.

Summary Authors

Eoghan Keenan (6/10/2005)

Related Cases

U.S. ex. Rel. Paraprofessional Law Clinic v. Kane, Eastern District of Pennsylvania (1978)

People


Judge(s)

Lord, Joseph Simon III (Pennsylvania)

Attorneys(s) for Defendant

Vickers, Maria Parisi (Pennsylvania)

Judge(s)

Lord, Joseph Simon III (Pennsylvania)

Attorneys(s) for Defendant

Vickers, Maria Parisi (Pennsylvania)

Documents in the Clearinghouse

Document

Reported Opinion

448 F.Supp. 678

March 29, 1978 Order/Opinion

Table

U. S. Court of Appeals for the Third Circuit

591 F.2d 1338

Jan. 25, 1979 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 19, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoners alleging that closing of prison law clinic by prison and state authorities deprived them of their constitutional rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

State Correctional Institution (Graterford), 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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1978 - 0

Issues

General:

Access to lawyers or judicial system

Law library access

Type of Facility:

Government-run