Unpublished Dispositionwilliam M. Lindsay; Tyrone Victor Hardin, Plaintiffs-appellants, v. Gene Borgert; Sushill Lahiri, Defendants-appellees, 852 F.2d 1287 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 852 F.2d 1287 (6th Cir. 1988)

Aug. 1, 1988


Before LIVELY, MERRITT and KRUPANSKY, Circuit Judges.


ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and appellants' brief, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Plaintiffs appeal the dismissal of their prisoner civil rights complaint filed under 42 U.S.C. § 1983 in which they alleged that the defendant prison officials impermissibly restricted their access to the prison law library. First, we agree with the district court that plaintiffs failed to adequately allege a denial of their first amendment right to access to the courts. See Childs v. Pellegrin, 822 F.2d 1382, 1385 (6th Cir. 1987); Walker v. Mintzes, 771 F.2d 920, 932 (6th Cir. 1985). Second, plaintiffs' assertion that they possess a liberty interest in access to the library must fail because they did not plead and prove that state remedies are inadequate to redress any deprivation. See Hudson v. Palmer, 468 U.S. 517, 531-33 (1984); Joyce v. Mavromatis, 783 F.2d 56, 57 (6th Cir. 1986).

Accordingly, the judgment of the district court is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.