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WASHINGTON v. PENWELL

Nos. 81-3211, 82-3449.

700 F.2d 570 (1983)

Raymond WASHINGTON, et al., Plaintiffs-Appellants, v. Clayton PENWELL, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1983.

Attorney(s) appearing for the Case

Robert A. Stalker, Salem, Or., Stan Sitnick, Portland, Or., for Washington.

David Frohnmayer, Atty. Gen., Salem, Or., for Clayton Penwell.

Before WRIGHT, SNEED, and POOLE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is a case of the Emperor's new clothes.

The State of Oregon, chafing under an increasingly vexatious decree consented to by its prison officials, realized it was playing an unwarranted role in a legal fiction. It asks us to agree that what enmeshes it is a fallacy and thereby to dispel the illusion.

The saga began when indigent Oregon prisoners sued state officials, alleging that inadequate legal facilities denied...

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