James Pollard v. J.D. White, Warden, Officer John Chancery, Officer Jerry Davis & Officer Taylor, 738 F.2d 1124 (11th Cir. 1984). · Go Syfert
James Pollard v. J.D. White, Warden, Officer John Chancery, Officer Jerry Davis & Officer Taylor, 738 F.2d 1124 (11th Cir. 1984). Cases Citing This Book View Copy Cite
30 citation events (16 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Partners Biomedical Solutions, LLC v. Saltsman
S.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
the right to access the courts does not necessarily mean the right to be physically present at the trial of a civil suit.
discussed Cited as authority (verbatim quote) United States v. Approximately $281,110.00 Seized from an East West Bank Account, ending in the number 2471 held by an individual identified as Z.D.
11th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
the right to access the courts does not necessarily mean the right to be physically present at the trial of a civil suit.
discussed Cited as authority (rule) Davidson v. Desai (2×) also: Cited "see, e.g."
2d Cir. · 2020 · confidence medium
Accordingly, the “right to access does not necessarily mean the right to be physically present at the trial of a civil suit.” Pollard v. White, 738 F.2d 1124, 1125 (11th Cir. 1984).
discussed Cited as authority (rule) Glenn C. Smith v. Fla. Dept. of Corrections
11th Cir. · 2010 · confidence medium
“The discretionary grant of the writ of habeas corpus ad testificandum is predicated on several factors, including, whether the prisoner’s presence will substantially further the resolution of the case, the security risks presented by the prisoner’s presence, and the expense of the prisoner’s transportation *39 and safekeeping.” Pollard v. White, 738 F.2d 1124, 1125 (11th Cir.1984) (internal quotation marks omitted).
discussed Cited as authority (rule) Dexter Shaw v. Abbigail Cowart
11th Cir. · 2008 · confidence medium
“The discretionary grant of the writ of habeas corpus ad testificandum is predicated on several factors, including, whether the prisoner’s presence will substantially further the resolution of the ease, the security risks presented by the prisoner’s presence, and the expense of the prisoner’s transportation and safekeeping.” Pollard v. White, 738 F.2d 1124, 1125 (11th Cir. 1984) (quotations and internal markings omitted).
examined Cited as authority (rule) United States v. Louis Rinchack (3×) also: Cited "see, e.g."
11th Cir. · 1987 · confidence medium
As a technical matter, the proper method for securing a prisoner’s presence at trial is a petition for a writ of habeas corpus ad testificandum. 13 Pollard v. White, 738 F.2d 1124, 1125 (11th Cir.1984), cert. denied, 469 U.S. 1111 , 105 S.Ct. 791 , 83 L.Ed.2d 785 (1985); see Garmany, supra, 762 F.2d at 934 & n. 4; Ballard v. Spradley, 557 F.2d 476, 480 (5th Cir.1977).
cited Cited as authority (rule) Jerrell Dorsey v. J.C. Edge, Officer
11th Cir. · 1987 · confidence medium
Pollard v. White, 738 F.2d 1124, 1125 (11th Cir.1984), cert. denied, 469 U.S. 1111 , 105 S.Ct. 791 , 83 L.Ed.2d 785 (1985).
cited Cited "see" Hawks v. Timms
D. Maryland · 1999 · signal: see · confidence high
See Pollard v. White, 738 F.2d 1124, 1125 (11th Cir.1984).
discussed Cited "see, e.g." Garcia v. Maddox
W.D. Ark. · 2022 · signal: see also · confidence medium
Fruit v. Norris, 905 F.2d 1147 , 1150 n.6 (8th Cir. 1990) (citing Dorsey v. Edge, 819 F.2d 1066, 1067 (11th Cir. 1987)); see also Pollard v. White, 738 F.2d 1124, 1125 (11th Cir. 1984) (stating that while prisoners do have right of access to the courts, “[t]he right to access does not necessarily mean the right to be physically present at the trial of a civil suit”).
Retrieving the full opinion text from the archive…
James POLLARD, Plaintiff-Appellant,
v.
J.D. WHITE, Warden, Officer John Chancery, Officer Jerry Davis and Officer Taylor, Defendants-Appellees
84-7019.
Court of Appeals for the Eleventh Circuit.
Jul 18, 1984.
738 F.2d 1124
T. Bruce McGowin, Davis D. Carr, Mobile, Ala., for plaintiff-appellant., Jack M. Curtis, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.
Hill, Johnson, Henderson.
Cited by 16 opinions  |  Published
PER CURIAM:

James Pollard appeals the judgment of the United States District Court for the Southern District of Alabama overruling his objection to the recommendation of the magistrate refusing to order his attendance at the trial of his action against state prison officials brought pursuant to 42 U.S.C. § 1983. Pollard sued the defendants for alleged mistreatment suffered during his incarceration at the Holman Prison in Holman Station, Alabama, immediately prior to his transfer to a federal prison in Marion, Illinois. Upon receipt of Pollard’s § 1983 complaint, the court considered sua sponte [*1125] the feasibility of returning the petitioner to Alabama from Marion for the trial. After reviewing both parties’ briefs on this issue, the magistrate to whom this case was referred concluded that Pollard should not be returned from Illinois but could testify by deposition. Finding no abuse of discretion, we affirm.

Prisoners have a right of access to the courts. See Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). The right to access does not necessarily mean the right to be physically present at the trial of a civil suit, however. The proper procedural vehicle for securing a prisoner's presence at trial is a writ of habeas corpus ad testificandum which may be issued at the discretion of the district court. [1] See Bonner v. City of Prichard, Alabama, 661 F.2d 1206 (11th Cir.1981) (en banc). The discretionary grant of the writ of habeas corpus ad testificandum is predicated on several factors, including, “whether the prisoner’s presence will substantially further the resolution of the case, the security risks presented by the prisoner’s presence, [and] the expense of the prisoner’s transportation and safekeeping ....” Ballard v. Spradley, 557 F.2d 476, 480 (5th Cir.1977). [2]

As a preliminary matter, we note that the court’s language in Mitchum v. Purvis, 650 F.2d 647, 648 (5th Cir. Unit B 1981) that “[a]ny concern over the need to transport ... prisoners to court should be considered if and when writs of habeas corpus ad testificandum are sought” could be read as a bar to the court’s sua sponte consideration of this issue. Mitchum is distinguishable from the instant case, however. There, the court raised and decided the transportation question on its own motion without a hearing as a procedural means to circumvent a disposition on the merits in a seemingly frivolous § 1983 action. Here, both sides had a full and fair opportunity to brief the issue and a trial was had on the merits. Therefore, under these facts, it was not improper for the court, on its own initiative, to inquire into the feasibility of having Pollard personally in court.

Turning to the magistrate’s conclusions, it appears doubtful that Pollard’s presence would have substantially affected the outcome of his trial in light of the fact that he was represented by competent counsel and testified by deposition. Moreover, the evidence demonstrates that Pollard presented a substantial security risk. For example, prison officials had confiscated a variety of dangerous implements from his cell over a period of time, including an array of knives, hacksaw blades, lock picks, homemade handcuff keys and hypodermic needles. See record at 25. Additionally, prison records indicated that Pollard injured himself while trying to rig a homemade bomb. Finally, the cost of transporting Pollard from Illinois, where he is presently incarcerated, to Alabama, would involve a substantial expense.

It is always desirable to afford a litigant the opportunity to be physically present during the trial of his case. However, in this instance, it is clear that the cost and risk to the state in transporting Pollard back to Alabama far outweigh any possible detriment he may have suffered as a result of his absence.

The judgment of the district court is AFFIRMED.

1

. No formal petition for a writ of habeas corpus ad testificandum ever was filed. Instead, upon receipt of Pollard's complaint in his civil suit, the magistrate raised the issue of Pollard’s right to be present at trial.

2

. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), this court adopted as precedent all decisions of the former Fifth Circuit decided prior to October 1, 1981.