PHILLIPS v. HUST

No. 04-36021.

477 F.3d 1070 (2007)

Frank Marvin PHILLIPS, Plaintiff-Appellee, v. Lynn HUST, Library Staff, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2007.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, May H. Williams, Solicitor General, and Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, Salem, OR, for the appellant.

Frank Marvin Phillips, pro se, Salem, OR, for the appellee.

Before: BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.


BROWNING, Circuit Judge:

In this case, we must decide whether the arbitrary denial by prison officials of access to materials the prison routinely made available to inmates for the preparation of legal documents constitutes a denial of an inmate's right of access to the courts where it results in the loss of a legal claim. We hold that it does.

Defendant-Appellant Lynn Hust appeals the grant of summary judgment in favor of Plaintiff-Appellee Frank M. Phillips...

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