Leydell Baker v. McNeil Island Corrections Center

Good Law
859 F.2d 124·1988 WL 104729·48 Fair Empl. Prac. Cas. (BNA) 143·1988 U.S. App. LEXIS 13986
United States Court of Appeals for the Ninth CircuitOctober 12, 198886-4064California2,459 words

Opinion

Opinion

Leavy, J.

FACTS AND PROCEDURAL HISTORY

The appellant Leydell Baker was incarcerated in the McNeil Island Corrections Center Annex (the Corrections Center), a minimum security prison in the State of Washington. Baker applied for a job as a library aide in the Corrections Center Annex Library in early 1984. An inmate library aide assists the Annex librarian and receives approximately $30 per month as well as training.

Baker was not chosen for the library aide position even though he contends a prison employee in charge of inmate assignments told him he was “next in line” for that position. Baker, who is black, claims he was not selected solely because of his race. He alleges the state librarian did not want to work with a black man.

After receiving an Equal Employment Opportunity Commission (EEOC) right-to-sue letter dated October 11, 1985, Baker brought an action against the Corrections Center under section 703, Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 20006-2 . He applied to proceed in forma pauperis. The district court granted his request and referred the case to a magistrate.

Shortly thereafter, Baker moved for appointment of counsel. The magistrate denied…

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