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SMITH v. SHAWNEE LIBRARY SYSTEM

Nos. 94-2036, 94-3424.

60 F.3d 317 (1995)

Thomas W. SMITH, Jr., individually and as representative of the Class of Inmates in the Protective Custody Unit at Menard Correctional Center, Plaintiff-Appellant, v. SHAWNEE LIBRARY SYSTEM, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1995.

Attorney(s) appearing for the Case

James W. Erwin, Thompson & Mitchell, St. Louis, MO (argued), for Thomas W. Smith, Jr.

Brian F. Barov, Office of Atty. Gen., Crim. Appeals Div., Chicago, IL (argued), for Shawnee Library System, Walter Brieschke, Debra Givens, Dwayne Kelly, Miles Fletcher, John Roosevelt, James A. Ubel, John Kellerhouse, Michael P. Lane, James Greer, Alan L. Frentzel, James H. Thieret, Ronald L. Fleming, Leanne Pate, Lisa Rea, Ray Quick, Thea Chesley, Marcia Behrens, Rick Sheppard, Correctional Officer Jaimet, Steven Ewell.

Terence J. Corrigan, Asst. Atty. Gen., Office of Atty. Gen., Crim. Appeals Div., Springfield, IL, Brian F. Barov (argued), Office of Atty. Gen., Crim. Appeals Div., Chicago, IL, for Illinois Dept. of Corrections, Menard Correctional Center.

Before CUMMINGS and KANNE, Circuit Judges, and WALTER, District Judge.

KANNE, Circuit Judge.

Thomas Smith, an Illinois state prison inmate, claims he and other inmates in protective custody were denied meaningful access to the courts. We hold that the prison did not deny Smith meaningful access, but we also hold that the class action status of the litigation is void.

I. Background

From 1980 to 1992, Smith was a prisoner at Menard Correctional Center (MCC), a maximum security state prison in Menard, Illinois. Prison...

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