Case: Cornett v. Donovan

4:91-cv-00231 | U.S. District Court for the District of Idaho

Filed Date: June 14, 1991

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On June 14, 1991, present and former involuntarily committed residents of State Hospital South in Blackfoot, Idaho (SHS) filed a lawsuit under 42 U.S.C. § 1983 against SHS in the U.S. District Court for the District of Idaho, Pocatello Division. The plaintiffs, represented by the American Civil Liberties Union, asked the court for declaratory relief, alleging that they were denied their constitutional right of access to the courts in violation of the First Amendment. Specifically, the plainti…

On June 14, 1991, present and former involuntarily committed residents of State Hospital South in Blackfoot, Idaho (SHS) filed a lawsuit under 42 U.S.C. § 1983 against SHS in the U.S. District Court for the District of Idaho, Pocatello Division. The plaintiffs, represented by the American Civil Liberties Union, asked the court for declaratory relief, alleging that they were denied their constitutional right of access to the courts in violation of the First Amendment. Specifically, the plaintiffs contended that SHS unconstitutionally failed to provide access to law libraries or to provide attorneys or legal assistance.

The parties began negotiations and, on January 27, 1992, filed a stipulation for settlement and dismissal with the District Court. Under the parties' stipulation, the parties agreed that the constitutional right of access requires that SHS provide either a law library or a lawyer for matters of habeas corpus and civil rights. The parties did not resolve by stipulation whether SHS's duty was extinguished upon the filing of a petition or complaint or whether the duty continued through to the completion of an action.

On February 4, 1992, the District Court (Judge Edward J. Lodge) dismissed the case, holding that SHS's duty to provide either a law library or a lawyer ceased with the filing of a petition or complaint. Cornett v. Donovan, No. CV91-0231-E-EJL, 1992 WL 736754 (D. Ida. Feb. 4, 1992). The plaintiffs appealed.

On April 7, 1995, as amended on May 23, 1995, the Ninth Circuit Court of Appeals (Judge Thomas Tang) affirmed the District Court's decision. Cornett v. Donovan, 51 F.3d 894 (9th Cir. 1995). The Court held that the right of access required the state to provide a law library or legal assistance only through the pleading stage of habeas or civil rights actions, that the right of access to courts was guaranteed to all involuntarily committed patients, and that the right of access required that the state provide attorneys or legal assistance, and not just law libraries, to institutionalized patients who lacked the capacity to research law independently. The plaintiffs petitioned the Supreme Court for a writ of certiorari, which was denied on July 1, 1996. Henry v. Caballero, 518 U.S. 1033 (1996).

We have no more information on this file.

Summary Authors

Josh Altman (6/15/2006)

Nick Kabat (10/16/2014)

People


Judge(s)

Farris, Joseph Jerome (Washington)

Lodge, Edward J. (Idaho)

Rymer, Pamela Ann (California)

Attorney for Plaintiff

Pevar, Stephen L. (Colorado)

Attorney for Defendant

EchoHawk, Larry (Idaho)

Documents in the Clearinghouse

Documents in this case

4:91-cv-00231

Docket [PACER]

July 3, 1995

July 3, 1995

Docket
36

4:91-cv-00231

Order

Feb. 4, 1992

Feb. 4, 1992

Order/Opinion

1992 WL 736754

92-35255

Opinion

U.S. Court of Appeals for the Ninth Circuit

April 7, 1995

April 7, 1995

Order/Opinion

1995 U.S.App.LEXIS 7692

92-35255

Reported Opinion

U.S. Court of Appeals for the Ninth Circuit

May 23, 1995

May 23, 1995

Order/Opinion

51 F.3d 894

95-07017

Memorandum Decision

Henry v. Caballero

Supreme Court of the United States

July 1, 1996

July 1, 1996

Order/Opinion

518 U.S. 1033

Docket

Last updated March 24, 2025, 8:19 a.m.

ECF Number Date Description Link
1 June 24, 1991

COMPLAINT (Summons(es) issued) (consent notice issued/furnished) (jb) (Entered: 06/26/1991)

PACER
2 June 24, 1991

AMENDED COMPLAINT [1-1] by plaintiff (jb) (Entered: 06/26/1991)

PACER
3 July 5, 1991

RETURN OF SERVICE/PROCESS executed upon defendant Stephen C Weeg through Atty Gen office on 6/29/91 (jb) (Entered: 07/08/1991)

PACER
4 July 5, 1991

RETURN OF SERVICE/PROCESS executed upon defendant William Bonnes through Atty Gen office on 6/20/91 (jb) (Entered: 07/08/1991)

PACER
5 July 8, 1991

ANSWER to amended complaint by dfts Richard Donovan and Stephen C Weeg (jb) (Entered: 07/09/1991)

PACER
6 July 12, 1991

NOTICE of case number change from 9l-0231-S-HLR to 9l-0231-E-EJL due to reassignment (case was set up as a southern case where actually is eastern case) (jb)

PACER
7 July 16, 1991

MOTION by defendant Richard Donovan, defendant Stephen C Weeg for summary judgment (mn) (Entered: 07/18/1991)

PACER
8 July 16, 1991

MEMORANDUM by defendant Richard Donovan, defendant Stephen C Weeg in support of motion for summary judgment [7-1] (mn) (Entered: 07/18/1991)

PACER
9 July 16, 1991

AFFIDAVIT of Stephen C. Weeg (mn) (Entered: 07/18/1991)

PACER
10 July 18, 1991

MOTION by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser for preliminary injunction (mn) (Entered: 07/23/1991)

PACER
11 July 18, 1991

BRIEF by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser in support re: motion for preliminary injunction [10-1] (mn) (Entered: 07/23/1991)

PACER
12 July 18, 1991

MOTION by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser to certify class action (mn) (Entered: 07/23/1991)

PACER
13 July 18, 1991

BRIEF by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser in support re: motion to certify class action [12-1] (mn) (Entered: 07/23/1991)

PACER
14 July 23, 1991

STATEMENT OF MATERIAL FACTS by defendant Richard Donovan, defendant Stephen C Weeg in support of motion for summary judgment [7-1] (mn) (Entered: 07/25/1991)

PACER
15 Aug. 1, 1991

OBJECTIONS by defendant Richard Donovan, defendant Stephen C Weeg to motion to certify class action [12-1] (mn)

PACER
16 Aug. 1, 1991

MEMORANDUM IN OPPOSITION by defendant Richard Donovan, defendant Stephen C Weeg to motion for preliminary injunction [10-1] (mn)

PACER
17 Aug. 5, 1991

MOTION by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser for summary judgment (mn) (Entered: 08/07/1991)

PACER
18 Aug. 5, 1991

BRIEF by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser in support re: motion for summary judgment [17-1] (mn) (Entered: 08/07/1991)

PACER
19 Aug. 5, 1991

STATEMENT OF MATERIAL FACTS by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser in support of motion for summary judgment [17-1] (mn) (Entered: 08/07/1991)

PACER
20 Aug. 5, 1991

RESPONSE by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser to dfts' motion for summary judgment [7-1] (mn) (Entered: 08/07/1991)

PACER
21 Aug. 5, 1991

NOTICE OF HEARING setting hearing on motion for summary judgment [17-1] 1:30 9/16/91, setting hearing on motion for summary judgment [7-1] 1:30 9/16/91 before (EJL) in Boise, ID(parties have stipulated to have hearing in Boise, rather than Pocatello (cc: all counsel) (mn) (Entered: 08/07/1991)

PACER
22 Aug. 12, 1991

ORDER that counsel to provide statements of material facts to Court forthwith, for hearing on motions for S. J. set 9/16/91 1:30 by Honorable Edward J. Lodge (cc: all counsel) (mn) (Entered: 08/15/1991)

PACER
23 Aug. 28, 1991

REPLY by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser to response to motion to certify class action [12-1] (mn) (Entered: 08/29/1991)

PACER
24 Sept. 3, 1991

AMENDED STATEMENT OF MATERIAL FACTS by defendant Richard Donovan, defendant Stephen C Weeg, defendant William Bonnes in support of motion for summary judgment [7-1] (mn) (Entered: 09/04/1991)

PACER
25 Sept. 9, 1991

REPLY BRIEF by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser re motion for summary judgment [17-1], motion for preliminary injunction [10-1] (mn) (Entered: 09/10/1991)

PACER
26 Sept. 9, 1991

SECOND AFFIDAVIT of Fred G. Zundel (mn) (Entered: 09/10/1991)

PACER
27 Sept. 9, 1991

AFFIDAVIT of Richard D. Linderman (mn) (Entered: 09/10/1991)

PACER
28 Sept. 9, 1991

FINAL MEMORANDUM by defendant Richard Donovan, defendant Stephen Weeg in support of motion for summary judgment [7-1] (mn) (Entered: 09/13/1991)

PACER
30 Sept. 9, 1991

AFFIDAVIT of Stephen C. Weeg (mn) (Entered: 09/17/1991)

PACER
29 Sept. 16, 1991

MINUTES OF HEAR ON PENDING MOTIONS - taking under advisement on the motion for summary judgment [17-1], taking under advisement on the motion to certify class action [12-1], taking under advisement on the motion for preliminary injunction [10-1], taking under advisement on the motion for summary judgment [7-1] (EJL) (mn) (Entered: 09/17/1991)

PACER
29 Sept. 16, 1991

MOTION AND ORAL ORDER in Court for attorney, Stephen Pevar to appear pro hac vice by Honorable Edward J. Lodge (cc: all counsel) ($20.00 fee forthcoming) (mn) (Entered: 09/17/1991)

PACER
30 Nov. 8, 1991

AMENDED MOTION by defendant Richard Donovan, defendant Stephen C Weeg for summary judgment (mn) (Entered: 11/13/1991)

PACER
31 Nov. 8, 1991

AFFIDAVIT of Stephen C. Weeg regarding motion for summary judgment [30-1] (mn) (Entered: 11/13/1991)

PACER
32 Nov. 21, 1991

REPLY by plaintiffs to dfts' amended motion for summary judgment [30- 1] (jb)

PACER
33 Dec. 16, 1991

REPLY by defendant Richard Donovan, defendant Stephen C Weeg to response to motion for summary judgment [30-1] (mn)

PACER
34 Jan. 27, 1992

STIPULATION for Settlement and Dismissal with prejudice following resolution of the sole remaining issue as identified in plfs' reply to dfts' amended motion for S. J. and dfts' reply in support of amended motion for S. J. (mn)

PACER
35 Feb. 3, 1992

SUPPLEMENTAL BRIEF by plaintiff Susan Cornett, plaintiff Katherine Jensen, plaintiff John Henry, plaintiff Timothy William Hiser in support re: motion for summary judgment [17-1] (mn) (Entered: 02/04/1992)

PACER
36 Feb. 4, 1992

ORDER by Honorable Edward J. Lodge dismissing case (cc: all counsel) (mn) (Entered: 02/05/1992)

PACER
37 March 2, 1992

NOTICE OF APPEAL by plaintiff from Dist. Court decision [36-2] of 2/4/92 which ruled the constitutional right of access to the courts does not extend past the filing stage. (al) (Entered: 03/11/1992)

PACER
38 April 7, 1992

TRANSCRIPT DESIGNATION and Ordering Form - Transcripts unnecessary (al)

PACER
39 April 7, 1992

CERTIFICATE of Record; cc: attys, 9CCA (al)

PACER
40 May 8, 1995

ORDER of the 9th Circuit amending 9th Circuit Opinion replacing language. (cd) (Entered: 05/09/1995)

PACER
41 June 19, 1995

MANDATE from Circuit Court of Appeals affirming the decision of the District Court on appeal [37-1] (cd) (Entered: 06/21/1995)

PACER

Case Details

State / Territory:

Idaho

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: June 14, 1991

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and former involuntarily committed residents of State Hospital South in Blackfoot, Idaho

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State Hospital South

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Petitions Clause

Other Dockets:

District of Idaho 4:91-cv-00231

U.S. Court of Appeals for the Ninth Circuit 92-35255

Supreme Court of the United States 95-7017

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Access to lawyers or judicial system

Recommended Citation