 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Van Riper v. Odekoven6/20/2001
Appeal from the District Court of Campbell County The Honorable Terrence O'Brien, Judge
[ ] Appellant, Courtney J. Van Riper (Van Riper), seeks review of an order of the district court which dismissed his Civil Rights Action, filed pursuant to 42 U.S.C § 1983, for the reason that it failed to state a claim upon which relief could be granted. W.R.C.P. 12(b)(6).
[ ] We will affirm.
ISSUES
[ ] Van Riper presents this statement of the issues:
I. Whether the Circuit [District] Court Erred in Granting the Defendants' Motions to Dismiss the 42 USC § 1983 Civil Right Complaint for Failure to State a Claim Pursuant to Wyoming Rule of Civil Procedure 12(b)(6)?
II. Whether the Clerk of Sixth Judicial Circuit [District] Court Exceeded Wyoming Statutory Authorization, as Codified at Wyo. Stat. § 5-2-202, in Demanding an $85.00 Supreme Court Filing Fee in this Matter?
Appellees, Byron Odekoven (Odekoven), Gregory Bennick (Bennick), and Jackie Tartar (Tartar) (in their individual capacities) propose these issues for our consideration:
I. The District Court Correctly Granted Defendants' Motions to Dismiss for Failure to State a Claim Pursuant to Wyo. R. Civ. P. 12(b)(6).
II. The Clerk of the Sixth Judicial District Court Correctly Assessed an $85.00 Supreme Court Filing Fee.
The Appellees (in their official capacities) state this issue:
1. The District Court Properly Granted The Defendants' Motion to Dismiss, Filed In Their Official Capacities, for Failure to State a Claim For Which Relief Could Be Granted Under § 42 U.S.C. 1983, Pursuant to Rule 12(b)(6) of the Wyoming Rules of Civil Procedure.
FACTS
[ ] On September 17, 1998, Van Riper filed his Civil Rights Action in the district court . Van Riper purported to bring this action on behalf of himself, as well as a class of persons "comprised of all similarly situated past, present, and future pretrial and sentenced prisoners" confined in the Campbell County Detention Center (CCDC). Appellee Odekoven is the Campbell County Sheriff. Appellee Bennick is a Campbell County Deputy Sheriff and Administrator of the CCDC. Appellee Tartar is a Campbell County Deputy Sheriff who is in charge of the day shift at the CCDC. We accept for purposes of the disposition of this appeal that all Appellees were acting, at all times, under color of the laws of the State of Wyoming.
[ ] Van Riper alleges these facts in his initial complaint. The law library at the CCDC is located in the Visiting Room. The Visiting Room is used for many other purposes, including for visits with prisoners (16+ hours a week), church services and fellowship meetings (7.5 hours per week), AA and NA meetings (4 hours per week), and counseling meetings (2 hours per week). The law library contains a legal research computer, as well as a significant number and variety of legal research books. There is no librarian and no other CCDC personnel who can assist prisoners in doing legal research. The legal research computer is, in reality, "available" only to prisoners who are knowledgeable enough to use it. Other legal materials are available through inter-library loan, but that takes "several days to a week or more." Legal materials may only be used in the CCDC Visiting Room and may not be taken to jail cells. Van Riper claims that, in addition to the various other uses of the law library listed above, other CCDC rules and regulations further reduce the number of hours that the law library is available for legal research purposes. Van Riper claims that certain legal materials that are critical to a prisoner's research efforts are not
Page 1 2 3 4 5 6 7 Wyoming Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|