JOHN L. v. ADAMS

No. 91-6241.

969 F.2d 228 (1992)

JOHN L., Individually and On Behalf of All Other Persons Similarly Situated, by His Next Friend David Kozlowski, Plaintiffs-Appellees, v. Betty ADAMS, Commissioner of the Department of Youth Development, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1992.

Rehearing Denied September 22, 1992.


Attorney(s) appearing for the Case

David A. Kozlowski (argued), Legal Services of S. Central, Tennessee, Columbia, Tenn., Susan L. Kay (briefed), Vanderbilt Legal Clinic, Nashville, Tenn., for plaintiffs-appellees.

Kimberly J. Dean, Asst. Atty. Gen. (argued and briefed), Mary G. Moody, Charles W. Burson, Atty. Gen., Office of Atty. Gen. of Tenn., Nashville, Tenn., for defendant-appellant.

Before: BATCHELDER, Circuit Judge, LIVELY, Senior Circuit Judge, and TAYLOR, District Judge.


BATCHELDER, Circuit Judge.

This case presents important questions about the existence and scope of the constitutional right of access to the courts in the context of incarcerated juveniles. For the reasons which follow, we hold that incarcerated juveniles do have a constitutional right of access to the courts, and that in order to make this right meaningful the State must provide the juveniles with access to an attorney. We hold, however, that there are limitations...

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