Larry A. Storseth, 623435 v. John D. Spellman

Good Law
654 F.2d 1349·1981 U.S. App. LEXIS 18134
United States Court of Appeals for the Ninth CircuitAugust 31, 198179-4682California2,801 words

Opinion

Opinion

Wright, J.

I. INTRODUCTION

We are asked to determine (1) whether an inmate has a right to the assistance of an inmate v/rit writer of his choice to assure his right of access to the courts and (2) the extent of his First Amendment right to communicate with that writ writer. Because inmate Storseth has enjoyed adequate access through other avenues, we hold that he does not have any right to inmate assistanee or to the aid of a writ writer of his choice. We hold also that the prohibition of his correspondence with his writ writer infringed on his First Amendment rights.

We affirm the district court’s order precluding intervention by Storseth’s inmate writ writer and offering to appoint counsel if Storseth agrees to abide by certain conditions. That part of the order barring inter-institutional correspondence between the two men is reversed.

II. FACTS

While in the Washington State Penitentiary at Walla Walla in 1977, Riddell, an inmate writ writer, prepared and filed a civil rights action under 42 U.S.C. § 1983 on Storseth’s behalf. It alleged mistreatment by the prison staff and failure to protect Storseth from other inmates. All papers filed up to July 31, 1979, were authored, signed, and…

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