Mark O. Hatfield, Governor of the State of Oregon v. Paul R. Bailleaux

This is a suit by seven inmates of Oregon State Penitentiary to enjoin prison officials from enforcing certain prison regulations and continuing certain customs and usages at the penitentiary. The regulations, customs and usages in question limit the times and places during and in which inmates may engage in legal research and the preparation of legal papers, and restrict the acquisition and retention of law books and legal materials. Plaintiffs alleged that they are thereby deprived of reasonable access to the courts in violation of their rights under the First and Fourteenth Amendments of the Constitution.

Jurisdiction of the district court was invoked under the Civil Rights Act. Named as defendants were the Oregon governor, secretary of state and state treasurer, comprising The Oregon State-Board of Control, and the warden and deputy warden of the penitentiary.

The question of the necessity for a three-judge court, as provided for in 28 U.S.C.A. § 2281 , was raised by motion filed by defendants. Responsive to this motion an order was entered directing a trial “on all issues on which counsel for the plaintiffs and defendants agree-will not require the convening of a…