Inmate Racehorse H. Jones is an attorney

Inmate Racehorse H. Jones is an attorney incarcerated in a federal prison for tax fraud and securities violations.  He has become a popular writ writer and his legal assistance is in demand.  He is also very personable and commands a great deal of respect from the other inmates.

Many inmates who Racehorse assists with their legal work return favors to him.  For instance, Inmate Smith, who works in the laundry, makes certain that Racehorse receives starched pants from the laundry on a daily basis.  Inmate Maxwell, who works in the front office, makes photocopies for Racehorse whenever he needs them.  Starched pants or photocopies are not freely available to all inmates.

Inmate ToughGuy has filed a lawsuit alleging that prison authorities have denied him the opportunity to confer face-to-face with Racehorse on his legal matters.  Prison officials cite security concerns for their refusal.  ToughGuy is housed in administrative segregation because he is very assaultive.  In that status he is housed in his own cell and is permitted to leave it to go to daily exercise and shower once a day.  The only other times he is allowed to leave his cell are medical appointments, visits and classification hearings. He recently assaulted two officers while being escorted to a medical appointment.  Prison officials feel that ToughGuy should get legal help from Racehorse through the mail.  ToughGuy argues that he is constitutionally entitled to a personal meeting on at least a bi-monthly basis with the best writer in the unit.  ToughGuy’s legal matter is very complex.

The warden of the unit has decided that it is time to slow down Racehorse’s legal activities and his popularity.  He is particularly concerned that Racehorse is helping inmates housed in administrative segregation.  He has filed a disciplinary report against Racehorse alleging that he is receiving payment for his legal help in violation of the prison’s rules.  Inmates Smith and Maxwell testified at the hearing and described their favors to Racehorse after he helped them.  Both said they freely performed the favors out of gratitude. Racehorse was found guilty of the violation and was assigned to solitary confinement.

Racehorse has now filed a lawsuit alleging that there was insufficient proof that he received payment for his services.  Furthermore, the disciplinary action was a direct result of ToughGuy’s lawsuit.  Racehorse has not alleged any procedural irregularities with the hearing.  How the disciplinary hearing was conducted is NOT an issue in this case; do not discuss the hearing and how it was conducted.

Analyze the strengths and weaknesses of both Racehorse’s lawsuit and the state’s position.  Organize your answer.  First discuss all of the legal issues in Racehorse’s lawsuit and the Supreme Court cases that support him.  Then do the same for the state’s legal position.  Minimum 1 page and ½, typed, double-spaced.