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SMITH v. BOUNDS

Civ. Nos. 3052 and 4277 Raleigh Division and 790 Washington Division.

610 F.Supp. 597 (1985)

Robert (Bobby) SMITH, Ronald D. Carnes, Richard A. Carter, and Bradford Mizell Lilley, Plaintiffs, v. Vernon Lee BOUNDS, Commissioner, State Dept. of Correction, and Stanley Blackledge, Warden, Central State Prison, Raleigh, N.C., Defendants. Donald W. MORGAN, Franklin D. Strader, and John H. Russell, on behalf of themselves and all others similarly situated, Plaintiffs, v. R.L. TURNER, Superintendent of Odom Correctional Institution of the N.C. Dept. of Correction, Defendant. John HARRINGTON, Alonzo Watts, Clifton Speight, William Ryder, Ronney McBride and Ray Forbes, Plaintiffs, v. James HOLSHOUSER, Governor, State of N.C.; V. Lee Bounds, Commissioner, N.C. Dept. of Corrections; Dr. Stanley Blackledge, Warden, Central Prison, F.R. Moore, Sergeant, Central Prison, Franklin Mahan, Regional Superintendent, M.S. Lee, Captain, Washington County Unit 3560 Creswell, N.C., Defendants.

United States District Court, E.D. North Carolina, Raleigh/Washington Division.

May 14, 1985.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N.C., for plaintiffs.

Jacob L. Safron, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for defendants.

OPINION

DUPREE, Senior District Judge.

In the early 1970's, plaintiffs brought these actions challenging the adequacy of the North Carolina Department of Correction's legal research facilities. The cases were consolidated and in 1974, Judge Larkins granted plaintiffs' motion for summary judgment, ordering the state to submit either a plan to provide inmates with adequate library facilities or some reasonable alternative plan. The state submitted a plan which...

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