Citations
- 823 F. Supp. 806
Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
FONG, District Judge.
On April 15,1993, Plaintiff Eric Schroeder, a pro se prisoner, filed objections to Magistrate Judge Kurren’s recommendation that Defendants’ Motion for Summary Judgment be granted. ■
BACKGROUND
Schroeder, a renowned jailhouse lawyer at the Halawa Medium Security Facility state prison, worked in the law library at the prison. According to Schroeder, his duties included assisting other inmates with their legal problems. Schroeder’s assistance allegedly included at least one instance where the law library supervisor asked Schroeder to serve process on the prison warden.
On February 15, 1990, inmate Steven Fisher approached Schroeder in the law library. Fisher told Schroeder that he had been unable to serve a summons and complaint on Defendant Tranquillino Mabellos, a staff education specialist at the prison. Fisher had named Mabellos as a defendant in a then-pending civil action in this court, Fisher v. Casey, Civil No. 89-00813. Schroeder agreed to serve Mabellos.
Mabellos worked in the learning center adjacent to the law library. Schroeder requested and received permission from the law library supervisor to go to the learning center to “give some papers” to Mabellos. (Fisher Deck at 2.) En route to the learning center, Schroeder again received permission to speak to Mabellos from a guard.
Mabellos gave Schroeder permission to enter Mabellos’ office. Schroeder handed the summons to Mabellos and told him that he was being served. Schroeder contends that Mabellos let go of the papers. Schroeder then placed the papers on Mabellos’ desk. Mabellos repeatedly ordered Schroeder to retrieve the summons. Schroeder refused and walked away.
The following day, Defendant Deanna Es-pinas, the prison librarian, suspended Schroeder from his duties in the law library workline. Espinas told inmates that the suspension was to “protect ... good relations with the learning center personnel [even though Schroeder] had not broken any rules.” Isom Deck at 2.) As a result of the suspension from the law library workline, Schroeder lost his 25