Lewis v. Casey, 518 U.S. 343, 13 (1996)

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Cite as: 518 U. S. 343 (1996)

Opinion of the Court

beas petitions is not always clear," and that "[i]t is futile to contend that the Civil Rights Act of 1871 has less importance in our constitutional scheme than does the Great Writ." Ibid. The prison law library imposed in Bounds itself was far from an all-subject facility. In rejecting the contention that the State's proposed collection was inadequate, the District Court there said:

"This Court does not feel inmates need the entire U. S. Code Annotated. Most of that code deals with federal laws and regulations that would never involve a state prisoner. . . .

"It is also the opinion of this Court that the cost of N. C. Digest and Modern Federal Practice Digest will surpass the usefulness of these research aids. They cover mostly areas not of concern to inmates." 5 Supplemental App. to Pet. for Cert. in Bounds v. Smith, O. T. 1976, No. 75-915, p. 18.

In other words, Bounds does not guarantee inmates the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip-and-fall claims. The tools it requires to be provided are those that the inmates need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement. Impairment of any other litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration.

5 The District Court order in this case, by contrast, required ADOC to stock each library with, inter alia, the Arizona Digest, the Modern Federal Practice Digest, Corpus Juris Secundum, and a full set of the United States Code Annotated, and to provide a 30-40 hour videotaped legal research course covering "relevant tort and civil law, including immigration and family issues." App. to Pet. for Cert. 69a, 71a; 834 F. Supp. 1553, 1561-1562 (Ariz. 1992).

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