Clutchette

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

This case, originally filed in 1970, has resulted in several ground-breaking opinions, by this court, the Court of Appeals for the Ninth Circuit, and the Supreme Court. (See: Clutchette v. Procunier, 328 F.Supp. 767 (N.D.Cal.1971), aff’d, 497 F.2d 809 (9th Cir. 1974), modified, 510 F.2d 613 (9th Cir. 1975), rev'd sub nom., Baxter v. Palmigiano, 425 U.S. 308 , 96 S.Ct. 1551 , 47 L.Ed.2d 810 (1976).) The plaintiff class consists of prisoners at California’s San Quentin prison who challenge the constitutionality of prison disciplinary proceedings. On June 21, 1971, after an evidentiary hearing, this court ordered the state to permit prisoners accused of infractions that may be punishable by a prosecution in state courts to retain counsel, and to provide counsel where the inmate is unable to procure representation on his own behalf. Where a less serious violation of prison disciplinary rules is involved, the state was ordered to permit or provide “counsel-substitute,” that is, someone to assist the inmate in dealing with the accusations against him, though this person need not be an attorney.…