Cornett v. Donovan

51 F.3d 894 Susan CORNETT; Katherine Jensen; John Henry; Timothy Hiser, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Richard DONOVAN, Director, Idaho Department of Health and Welfare; Stephen C. Weeg, Administrator, State Hospital South, in their official and individual capacities, Defendants-Appellees. No. 92-35255. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided April 7, 1995. As Amended May 23, 1995. Stephen L. Pevar, American Civil Liberties Union, Denver, CO, for plaintiffs-appellants. Weldon B. Stutzman, Boise, ID, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before: TANG, FARRIS, and RYMER, Circuit Judges. TANG, Senior Circuit Judge: 1 This is a review of a declaratory judgment in which the district court concluded that the constitutional right of access to the courts requires a state to provide legal assistance only through the pleading stage of a habeas corpus or civil rights action. The issue on appeal is whether the constitutional right of access to the courts requires a state to provide legal assistance beyond the pleading…