Voss, Dante v. Carr, Kevin
3:19-cv-00776
| W.D. Wis. | Oct 31, 2019Background
- Plaintiff Dante R. Voss, a pro se prisoner, sued Kevin A. Carr (Secretary, Wisconsin DOC) challenging DAI Policy #309.15.01 as restricting prison law-library materials.
- Voss sought access to the DSM-5, a current Physician’s Desk Reference, literature/assessment tools on psychopathy, and toxicology literature on Wellbutrin/CYP2D6, alleging DOC refused his requests.
- He says he needs these materials to support a state postconviction motion: to show an outdated psychopathy diagnosis and medication effects that would have affected sentencing accuracy.
- The complaint was screened under 28 U.S.C. §§ 1915(e)(2) and 1915A.
- The court concluded Voss failed to state an access-to-courts claim and dismissed the case with prejudice, assessing a strike under 28 U.S.C. § 1915(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of legal materials / access to courts | Voss alleges DOC refused to provide requested publications needed to prepare a nonfrivolous state postconviction motion | DOC policy governs library holdings; no showing that officials blocked litigation | Dismissed: Voss failed to show he suffered the requisite actual injury to support an access claim |
| Actual-injury requirement | Voss says he cannot obtain an evidentiary hearing without the materials | Defendant notes Voss has not shown a state court denial or that he attempted to litigate without materials | Held: No actual injury — Voss had not filed in state court or been denied relief, so opportunity to litigate not shown |
| Adequacy of alternatives / counsel | Voss asserts need for library materials despite prior counsel withdrawal | Defendant points out postconviction counsel was provided and, if waived, the right to library access is diminished | Held: Adequate assistance of counsel can satisfy access, and waiver of counsel forfeits certain access claims; Voss’s waiver undermines his claim |
| Merits of the underlying predicate claim | Voss contends sentencing relied on an outdated psychopathy diagnosis and medication effects; materials would show nonfrivolous claim | Defendant argues such sentencing claims may be forfeited if not timely objected to; medical treatises need not be provided to bring viable claim | Held: Voss failed to plead a nonfrivolous predicate claim or show how requested materials would enable it; medical treatises are not required library items |
Key Cases Cited
- Hall v. Florida, 572 U.S. 701 (2014) (DSM referenced as a basic text used by experts)
- Lewis v. Casey, 518 U.S. 343 (1996) (actual-injury requirement for access-to-courts claims)
- Bounds v. Smith, 430 U.S. 817 (1977) (state must provide law libraries or adequate legal assistance)
- Procunier v. Martinez, 416 U.S. 396 (1974) (invalidates regulations that unjustifiably obstruct access to courts)
- Christopher v. Harbury, 536 U.S. 403 (2002) (predicate claim must be nonfrivolous and plaintiff must describe injury)
- In re Chapman, 328 F.3d 903 (7th Cir. 2003) (access must be meaningful)
- Brooks v. Buscher, 62 F.3d 176 (7th Cir. 1995) (appointment of counsel can substitute for law-library access)
- United States v. Byrd, 208 F.3d 592 (7th Cir. 2000) (waiver of appointed counsel affects rights to law-library access)
- Lindquist v. Idaho State Bd. of Corr., 776 F.2d 851 (9th Cir. 1985) (library is adequate if it contains statutes, case law, procedural materials)
- Johnson v. Dossey, 515 F.3d 778 (7th Cir. 2008) (district court need not permit futile amendment)