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| Appeals Court Reinstates S.D. Inmates' Lawsuit |
| By Associated Press |
| Published: 12/09/2002 |
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A federal appeals court has reinstated a lawsuit filed by South Dakota inmates who contend state prison policies have hampered their ability to pursue legal claims. A three-judge panel of the 8th U.S. Circuit Court of Appeals ruled recently that further proceedings must be held in federal court in Sioux Falls on some of the issues raised in the lawsuit. The lawsuit was filed by four inmates. They include Lewis Ashker, who is serving a life sentence for the 1985 murder of a former Delmont police officer, and Joseph Kerkhove, who also is serving a life sentence for the 1986 killing of his wife. The inmates filed the lawsuit after prison policies were changed to prevent inmates from having computers, word processors and other typewriters with memories. In addition, the law library was closed in 1998 at the South Dakota State Penitentiary in Sioux Falls. Inmates also said prison officers routinely searched and inspected their legal materials when the inmates were not present, and some of those materials got lost. The lawsuit contends the policies have hindered their ability to challenge their criminal convictions or seek changes in prison conditions. A federal judge dismissed the lawsuit. The appeals panel upheld the judge's decision to dismiss the parts of the lawsuit that argue inmates do not get adequate help with their legal affairs. The lawsuit did not show actual injury from the closing of the prison's law library or the claim that a legal adviser did not have enough time to help all inmates, the appeals judges said. However, further proceedings are needed on the parts of the lawsuit dealing with the loss of computers and word processors and the search and confiscation of legal materials, the appeals panel said. The inmates alleged some actual injuries from the loss of the computers and other machines, the decision said. Allegations of missing legal materials and the officers' search and seizure of those materials presented a valid question of whether the inmates' rights have been violated, the appeals judges said. |
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