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Several inmates of the Blair County Prison have filed a federal lawsuit complaining their constitutional right to have access to the courts has been violated because the prison's law library has been shut down for several weeks.
The legal complaint was filed late last week by inmate John Watts, 36, who is awaiting trial on two separate charges involving drug-related offenses that, according to state court records, were filed against him in 2022.
While Watts filed the petition in the federal District Court in Johnstown, he also included the names of seven other inmates who contend their right to have adequate legal resources has been impeded by prison staff.
The petition stated the "lack of adequate legal resources" rises to a First Amendment violation.
"We don't have access to the Court, being that, the library being shut down," the petition stated.
Many inmates, even though they are represented by legal counsel, do their own legal research, and it is not unusual for an inmate to file a petition "pro se," meaning he prefers to represent himself.
United States Magistrate Judge Keith A. Pesto, who presides in Johnstown, has administratively closed the case, which, he explained, is not a dismissal, but a procedure under the federal Prison Litigation Reform Act to make sure the lawsuit complies with court rules.
Pesto explained that there will be a filing fee of $405, and the person filing the lawsuit must submit a petition to proceed in forma pauperis (to avoid incurring additional expenses).
Pesto explained that as a nonattorney, Watts cannot represent the other inmates, and, he stated, the names of the additional inmates will have to be removed from the petition.
"The persons who are listed by (Watts) as his co-plaintiffs are not part of this, the disposition of this matter does not affect their legal rights, and if they wish to file their own complaints, they must do so individually," Pesto stated in an order issued last Friday.
The complaint named as defendants the prison warden, a deputy warden, two lieutenants and a sergeant.
The inmate petition quotes the sergeant as telling the inmates that use of the prison's law library is a privilege, not a right.
The lawsuit reports the inmate library -- which provides computer access to cases -- has been shut down for three months.
Warden Abbie Tate on Monday said she had no knowledge of the lawsuit and said she was not going to comment right now about the situation.
Inmate access to legal materials has come up periodically in the past.
Ten years ago, an inmate filed a lawsuit seeking better access to legal cases and materials.
At that point, visiting judge John Reilly of Clearfield County dismissed the lawsuit but stated that counties are mandated to maintain up-to-date law libraries for inmate use.
He, as well as the late Blair County judge Thomas G. Peoples, urged Blair to maintain a current library.
Blair County, for almost three decades, has provided computer access for inmates so they could do their own legal research.
In 1998, Blair was confronted by the issue of an inadequate law library at the prison and initiated the use of computers as a way to address the increased costs of providing law books.
Watts in his present lawsuit stated prison officials have been made aware that the current library is inadequate.
He is asking the federal court to issue an injunction to bring about change in the present system, and is seeking a library with "improved and updated equipment."