Lacy Sivak, Plaintiff-appellant, v. the State of Idaho, Defendant-appellee, 967 F.2d 591 (9th Cir. 1992)
Annotate this CaseBefore FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges.
Sivak's Writ of Review is properly construed as a 42 U.S.C. § 1983 complaint alleging inadequate access to the courts. See Gluth v. Kangas, 951 F.2d 1504, 1507 (9th Cir. 1991) (fundamental right of access to courts requires state to provide adequate law libraries or assistance); Karim-Panahi v. Los Angeles Police Dept., 839 F.2d 621, 623 (9th Cir. 1988) (court must construe pleadings liberally in civil rights action where plaintiff appears pro se). The writ nevertheless must be dismissed because a section 1983 action must be brought against state officials and cannot be brought against a state. See Gilbreath v. Cutter Biological, Inc., 931 F.2d 1320, 1327 (9th Cir. 1991) (state is not a "person" for purposes of section 1983). The State of Idaho therefore is not a proper defendant. See id.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.