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March 22, 1993

MARTIN CHUKS EZEAGU, et al., Defendants.

The opinion of the court was delivered by: LOUIS F. OBERDORFER

 This matter is before the Court on defendants' Motion To Dismiss The Amended Complaint Or, In The Alternative, For Summary Judgment. Plaintiff, an inmate at the Lorton Correctional Facility, originally filed this action pro se. Counsel was subsequently appointed to represent him and an amended complaint was filed on January 10, 1992. The action is brought under 42 U.S.C. ยงยง 1983 and 1988 and the First, Fifth, Sixth, and Fourteenth Amendments to the Constitution. The complaint alleges a pattern of exclusion and harassment in connection with plaintiff's use of the prison law library at the Occoquan Facility at Lorton. Defendants are Martin Chuks Ezeagu, the Chief Librarian at the Occoquan Facility Law Library, and four administrators and supervisors allegedly responsible for providing inmates with adequate access to library facilities. *fn1" All of the defendants are sued in their individual and official capacities. For the reasons stated below, defendants' motion will be denied.


 In his amended complaint, plaintiff alleges that throughout his confinement from 1989 to 1991, defendant Ezeagu "consistently, and without cause, interfered with Plaintiff's access to the courts by continually berating and harassing Plaintiff in the law library, capriciously expelling and barring Plaintiff from the library, and confiscating Plaintiff's legal books, briefs, and memoranda." Amended Complaint at P 11. Plaintiff further alleges that defendants Ridley, Braxton, Ashford, and Tickles, "who were all made aware of Defendant Ezeagu's improper behavior, took no action to remedy Defendant Ezeagu's behavior, and by their negligent supervision and acquiescence encouraged Defendant Ezeagu to continue to deprive Plaintiff of meaningful access to the courts." Id. at P 12.

 The complaint specifically alleges that Ezeagu "maliciously or capriciously refused to allow Plaintiff into the library" several times per week, id. at P 18; see also id. at PP 13 & 20, and that Ezeagu instructed prison guards that plaintiff was not welcome at the law library, id. at PP 17, 18 & 20. Ezeagu is also alleged to have "repeatedly ejected Plaintiff from the law library without justification," and to have locked the library doors to prevent plaintiff's re-entry. Id. at P 20; see also id. at PP 11, 13, 17 & 18. Plaintiff alleges that on those occasions when he was allowed into the law library, Ezeagu "constantly harassed and berated" him, "hounded" him, "shouted racial epithets" at him, and used profanity when addressing plaintiff. Id. at P 14. Ezeagu also allegedly refused to allow plaintiff access to legal books and periodicals, confiscated plaintiff's own books and pamphlets, and appropriated and read plaintiff's draft legal memoranda. Id. at PP 14, 17 & 25. On one occasion, Ezeagu allegedly ordered a library aide to delete plaintiff's legal material from the library computer, including: "(1) a sentencing statement, a motion for a new trial, and a motion to dismiss the indictment in his criminal case, (2) a complaint and request for interrogatories in a civil case later filed by Plaintiff concerning the circumstances of his arrest, and (3) a motion for return of certain property seized during his arrest." Id. at P 23.

 According to the complaint, plaintiff complained about Ezeagu's actions to defendants Ridley, Braxton, Ashford, and Tickles. In July and August of 1989, plaintiff filed two forms entitled "Administrator's Request for Administrative Remedy" describing Ezeagu's treatment of plaintiff. Id. at P 28. Defendant Braxton allegedly responded to the forms, stating that "management officials are aware of the allegations reported in your complaint regarding conditions in the Law Library. Appropriate actions are now being considered to address and resolve this situation." Id. at P 29. The complaint avers that plaintiff met with each of defendants Ridley, Braxton, Ashford, and Tickles on several occasions regarding Ezeagu's treatment of plaintiff at the library, id. at PP 33, 38, 42 & 47, and that plaintiff sent five letters to defendants regarding the situation there, id. at PP 31, 32, 41 & 43. Despite defendants' awareness of the problem, plaintiff alleges, they took no action to remedy it. Id. at PP 12, 30, 34, 35, 37, 40, 45 & 49.

 The amended complaint asserts four causes of action. The first alleges that all of the defendants deprived plaintiff of his right to meaningful access to the courts in violation of the First, Fifth, Sixth, and Fourteenth Amendments to the Constitution. The second, third, and fourth causes of action are brought only against defendant Ezeagu and are District of Columbia common law claims: intentional tort, conversion, and intentional infliction of emotional distress.


 The allegations in the complaint are taken as true for purposes of a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Such a motion should be granted only if "it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73, 81 L. Ed. 2d 59, 104 S. Ct. 2229 (1984).

 Summary judgment may be entered only if "there is no genuine issue as to any material fact" and "the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). On a motion for summary judgment, the nonmovant's evidence is assumed true and all justifiable inferences are drawn in that party's favor. Bayer v. United States Dep't of Treasury, 294 U.S. App. D.C. 44, 956 F.2d 330, 333 (D.C. Cir. 1992).


 Defendants' first argument is that plaintiff has failed to state a claim of denial of meaningful access to the courts. As defendants concede, the constitutional right of meaningful access to the courts is well established. Bounds v. Smith, 430 U.S. 817, 828, 52 L. Ed. 2d 72, 97 S. Ct. 1491 (1977). However, citing Campbell v. Miller, 787 F.2d 217, 226 (7th Cir.), cert. denied, 479 U.S. 1019, 93 L. Ed. 2d 724, 107 S. Ct. 673 (1986), defendants urge that plaintiff does not have an unconditional right of access to the courts. While this proposition is surely accurate, it fails to yield any defect in the plaintiff's constitutional claim, for plaintiff is seeking only reasonable, not unconditional, access to the courts.

 The ongoing pattern of harassment and arbitrary exclusion alleged by plaintiff is sufficient to state a meaningful access claim for purposes of surviving a Rule 12(b)(6) motion. As the Fifth Circuit has declared, "Access to courts entails not only freedom to file pleadings but also freedom to employ, without retaliation or harassment, those accessories without which legal claims cannot be effectively asserted." Ruiz v. Estelle, 679 F.2d 1115, 1153 (5th Cir. 1982), cert. denied, 460 U.S. 1042, 75 L. Ed. 2d 795, 103 S. Ct. 1438 (1983) (emphasis added); see also Johnson v. Avery, 393 U.S. 483, 485, 21 L. Ed. 2d 718, 89 S. Ct. 747 (1969) ("access of prisoners to the courts for the purpose of presenting their complaints may not be denied or obstructed"); Evans v. Moseley, 455 F.2d 1084, 1087 (10th Cir.) ("prison officials may not unreasonably hamper inmates in gaining access to the courts"), cert. denied, 409 U.S. 889, 34 L. Ed. 2d 146, 93 S. Ct. 160 (1972). Courts have repeatedly recognized that actions similar to those of defendant Ezeagu constitute denials of meaningful access to the courts. See, e.g., Morello v. James, 810 F.2d 344, 346-47 (2d Cir. 1987); Simmons v. Dickhaut, 804 F.2d 182, 185 (1st Cir. 1986); Wright v. Newsome, 795 F.2d 964, 968 (11th Cir. 1986); Carter v. Hutto, 781 F.2d 1028, 1031-32 (4th Cir. 1986).

 Defendants also argue that plaintiff has failed to allege any actual injury. They place reliance on Crawford-El v. Britton, 293 U.S. App. D.C. 47, 951 F.2d 1314, 1321-22 (D.C. Cir. 1991), cert. denied, 121 L. Ed. 2d 29, 113 S. Ct. 62 (1992), in which our Court of Appeals addressed the requirement of showing "actual injury to [plaintiff's] litigation" in access cases. Defendants fail to note, however, that the showing of specific injury to litigation required by the court applies "where a plaintiff seeks relief for an isolated episode of interference with his right of access to a law library, legal materials, or legal assistance . . . ." Id. at 1321 (emphasis added); accord Chandler v. Baird, 926 F.2d 1057, 1063 (11th Cir. 1991); Sands v. Lewis, 886 F.2d 1166, 1169-71 (9th Cir. 1989); DeMallory v. Cullen, 855 F.2d 442, 448 (7th Cir. 1988). The plaintiff here alleges not an isolated episode, but an ongoing pattern of denial of access. Moreover, plaintiff alleges quite specifically how the litigation he was pursuing was hampered and delayed by Ezeagu's actions. The complaint states, for example, that ...

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