Raymond W. Aswegan v. John Henry, Deputy Warden John Emmett Lt. Anderson Sgt. Gutman Robert Washington & Roger Lawson, Dan Harris v. Robert W. Staub Steve Parkins Robert Umthum, 981 F.2d 313 (8th Cir. 1992). · Go Syfert
Raymond W. Aswegan v. John Henry, Deputy Warden John Emmett Lt. Anderson Sgt. Gutman Robert Washington & Roger Lawson, Dan Harris v. Robert W. Staub Steve Parkins Robert Umthum, 981 F.2d 313 (8th Cir. 1992). Cases Citing This Book View Copy Cite
56 citation events (36 in the last 25 years) across 21 distinct courts.
Strongest positive: Mashburn v. Henderson County (kywd, 2023-03-23)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mashburn v. Henderson County
W.D. Ky. · 2023 · quote attribution · 1 verbatim quote · confidence high
although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.
discussed Cited as authority (verbatim quote) Dye v. LMDC
W.D. Ky. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.
discussed Cited as authority (verbatim quote) Hall v. LMDC
W.D. Ky. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.
discussed Cited as authority (verbatim quote) Marcum v. Gaddis
W.D. Ky. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.
discussed Cited as authority (quoted) Bureau of Prisons Disclosure of Recorded Inmate Telephone Conversations
OLC · 1997 · quote attribution · 1 verbatim quote · confidence low
although prisoners have a constitutional right o f meaningful access to the courts, prisoners do not have a right to any particular means o f access, including unlimited telephone use.
discussed Cited as authority (rule) Rader v. Bailey, Jr.
E.D. Va. · 2024 · confidence medium
Although prisoners have the right to assistance of counsel for their criminal trials and appeals, they “do not have a right to any particular means of access, including unlimited telephone use.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992), Here, the TAC does not allege, and the record does not support, that Plaintiff was unable to contact his attorney by other means, such as written correspondence, if speaking to his attorney over the phone was unsatisfactory.
discussed Cited as authority (rule) Page v. Morehead
W.D. Va. · 2023 · confidence medium
At the same time, “prisoners do not have a right to any particular means of access, including unlimited telephone use.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992). “[I]t is well settled that some showing of prejudice is a necessary element of a Sixth Amendment claim based on an invasion of the attorney-client relationship.” Deegan v. Rudman, No. 3:10-CV-00016, 2011 WL 251226 , at *3 (W.D.
cited Cited as authority (rule) Doe v. Board of Trustees for the University of Arkansas
W.D. Ark. · 2022 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
cited Cited as authority (rule) Garner v. Keen
E.D. Mo. · 2021 · confidence medium
Furthermore, although plaintiff has “a right to meaningful access to the courts,” he does “not have a right to any particular means of access.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
discussed Cited as authority (rule) Carroll v. Norfolk Regional Center
D. Neb. · 2021 · confidence medium
Thus, “[a]lthough prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) The Eighth Circuit case Beaulieu v. Ludemen is directly on point.
cited Cited as authority (rule) Little Rock Family Planning Services v. Jegley
E.D. Ark. · 2021 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
cited Cited as authority (rule) Hopkins v. Jegley
E.D. Ark. · 2020 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
discussed Cited as authority (rule) Cowherd v. Leidholt
D.S.D. · 2020 · confidence medium
“Although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access.” See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (holding that a prison’s policy of denying inmates unlimited access to a telephone did not violate their constitutional right of meaningful access to the courts). “[T]he right to meaningful access to the courts ensures that prison officials may not erect unreasonable barriers to prevent prisoners from pursuing or defending all types of legal matters[.]” Schrier v. Halford, 60 F.3d …
discussed Cited as authority (rule) Windeknecht v. Missouri Dept. of Mental Health
E.D. Mo. · 2020 · confidence medium
This means that “[a]lthough prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
discussed Cited as authority (rule) Crisano v. Grimes
E.D. Va. · 2020 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (inmate’s constitutional right of meaningful access to the courts does require “any particular means of access, including unlimited telephone use”); see Benzel v. Grammer, 869 F.2d 1105, 1108 (8th Cir. 1989) (prisoners have no right to unlimited telephone use).
cited Cited as authority (rule) King v. Bradshaw
E.D. Tenn. · 2020 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (citing Bounds, 430 U.S. at 823 ).
discussed Cited as authority (rule) Ultimate Cakra Liberation v. Trinity Food Service
W.D. Tenn. · 2019 · confidence medium
Ky. Sept. 28, 2006) (citing Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992)); cf. Washington v. Reno, 35 F.3d 1093, 1100 (6th Cir. 1994) (“[A]n inmate has no right to unlimited telephone use.” (quotation omitted)).
cited Cited as authority (rule) Little Rock Family Planning Services v. Rutledge
E.D. Ark. · 2019 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
cited Cited as authority (rule) Little Rock Family Planning Services v. Rutledge
E.D. Ark. · 2019 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992).
cited Cited as authority (rule) Whiteside v. Duke
W.D. Tenn. · 2019 · confidence medium
Ky. Sept. 28, 2006) (citing Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992)); cf. Wooden v. Norris, 637 F. Supp. 543 , 556 n.4 (M.D.
cited Cited as authority (rule) Sportsgear Outdoor Products, LLC v. Leonard
W.D. Mo. · 2019 · confidence medium
Sept. 18, 2015) (“[A] lack of irreparable harm is sufficient ground for denying a temporary restraining order.” (citing Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992)).
discussed Cited as authority (rule) Wallace Beaulieu v. Cal Ludeman
8th Cir. · 2012 · confidence medium
This means that “[although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992). “/77/ the government chooses to create a public forum for speech, whether a general or a limited public forum, it may not unreasonably restrict the public’s use of that forum.” Holloway, 666 F.3d at 1079 .
cited Cited as authority (rule) Aventure Communication Technology, L.L.C. v. Iowa Utilities Board
N.D. Iowa · 2010 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
cited Cited as authority (rule) Prudential Insurance Co. of America v. Inlay
N.D. Iowa · 2010 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
cited Cited as authority (rule) Wachovia Securities, L.L.C. v. Stanton
N.D. Iowa · 2008 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
cited Cited as authority (rule) B & D Land and Livestock Co. v. Conner
N.D. Iowa · 2008 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
cited Cited as authority (rule) Noodles Development v. Ninth Street Partners
E.D. Mo. · 2007 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738).
cited Cited as authority (rule) Ideal Instruments, Inc. v. Rivard Instruments, Inc.
N.D. Iowa · 2007 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
cited Cited as authority (rule) Interbake Foods, L.L.C. v. Tomasiello
N.D. Iowa · 2006 · confidence medium
As wegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer Sys., 871 F.2d at 738 ).
discussed Cited as authority (rule) United States v. Lentz
E.D. Va. · 2005 · confidence medium
Rather, restrictions on inmates' access to counsel via the telephone may be permitted as long as prisoners have some manner of access to counsel.”); Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) ("Although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use.”); Pino v. Dalsheim, 558 F.Supp. 673, 675 (S.D.N.Y.1983) (noting that the government is not required to provide inmates the best manner of access to counsel). 39 .
cited Cited as authority (rule) Uncle B's Bakery, Inc. v. O'ROURKE
N.D. Iowa · 1996 · confidence medium
Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (citing Modern Computer, 871 F.2d at 738 ).
examined Cited as authority (rule) HEATHER K. BY ANITA K. v. City of Mallard, Iowa (3×)
N.D. Iowa · 1995 · confidence medium
Activities Ass’n, 40 F.3d 926, 929 (8th Cir.1994); see also Kirkeby, 52 F.3d at 774 (listing the same factors); Timber Lake, 10 F.3d at 556 (review is for abuse of discretion or erroneous legal premise); Aswegan, 981 F.2d at 314 (abuse of discretion or erroneous legal premise review); Frank B.
discussed Cited as authority (rule) Oldham v. Chandler-Halford
N.D. Iowa · 1995 · confidence medium
Activities Ass’n, 40 F.3d 926, 929 (8th Cir.1994); Timber Lake, 10 F.3d at 556 (review is for abuse of discretion or erroneous legal premise); Aswegan, 981 F.2d at 314 (abuse of discretion or erroneous legal premise review); Frank B.
discussed Cited as authority (rule) Curtis 1000, Inc. v. Youngblade (2×)
N.D. Iowa · 1995 · confidence medium
Co-op., Inc. v. Chaske, 28 F.3d 1466 , 1472 (8th Cir.1994); City of Timber Lake v. Cheyenne River Sioux Tribe, 10 F.3d 554, 556 (8th Cir.1993), cert. denied, —U.S.-, 114 S.Ct. 2741 , 129 L.Ed.2d 861 (1994); Aziz v. Moore, 8 F.3d 13, 15 (8th Cir.1993); Sanborn Mfg., 997 F.2d at 485-86 ; Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992); Frank B.
discussed Cited as authority (rule) Arkansas Peace Center Environmental Health Association of Arkansas Jacksonville Mothers' and Children's Defense Fund Vietnam Veterans of America, Arkansas State Chapter Mothers Air Watch v. Arkansas Department of Pollution Control and Ecology, Randall Mathis, Director United States Environmental Protection Agency, Carol Browner, Administrator Vertac Site Contractors Arkansas Attorney General, Arkansas Peace Center Environmental Health Association of Arkansas Jacksonville Mothers' and Children's Defense Fund Vietnam Veterans of America, Arkansas State Chapter Mothers Air Watch v. Arkansas Department of Pollution Control and Ecology, Randall Mathis, Director United States Environmental Protection Agency, Carol Browner, Administrator Vertac Site Contractors Arkansas Attorney General, Arkansas Peace Center Environmental Health Association of Arkansas Jacksonville Mothers' and Children's Defense Fund Vietnam Veterans of America, Arkansas State Chapter Mothers Air Watch v. Arkansas Department of Pollution Control and Ecology, Randall Mathis, Director United States Environmental Protection Agency, Carol Browner, Administrator Vertac Site Contractors Arkansas Attorney General
8th Cir. · 1993 · confidence medium
The subcontract recited that URS is the prime contractor to provide professional services for the EPA, and under the terms of the prime contract, URS is to provide "program management and technical environmental services ... for the incineration of hazardous waste materials at the Vertac site in Jacksonville, Arkansas." 6 16 We review a district court's grant or denial of a preliminary injunction "for abuse of discretion or misplaced reliance on an erroneous legal premise." Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992).
discussed Cited as authority (rule) Arkansas Peace Center v. Arkansas Department of Pollution Control & Ecology
8th Cir. · 1993 · confidence medium
The subcontract recited that URS is the prime contractor to provide professional services for the EPA, and under the terms of the prime contract, URS is to provide “program management and technical environmental services ... for the incineration of hazardous waste materials at the Vertac site in Jacksonville, Arkansas.” 6 We review a district court’s grant or denial of a preliminary injunction “for abuse of discretion or misplaced reliance on an erroneous legal premise.” Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992).
discussed Cited "see" Merrick 099252 v. Shinn
D. Ariz. · 2024 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (upholding a state 19 penitentiary’s policy of prohibiting prisoners from making 1-800 telephone calls); Thomas 20 v. SCI-Graterford, No. CIV.A. 11-6799, 2014 WL 550555 , at *6 (E.D.
discussed Cited "see" Marigny v. Hopkins County Jail Administration
W.D. Ky. · 2021 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (reversing grant of preliminary injunction on Sixth Amendment claim based on telephone limitations where prisoners were granted unlimited correspondence and personal visits with attorneys); Jackson v. Coyn, No. 3:17-cv-P61-DJH, 2017 U.S. Dist.
cited Cited "see" Carl Simon v. Corrections Corporation of America (n/k/a CoreCivic., Inc.)
D.V.I. · 2021 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313 (8th Cir. 1992) (analyzing telephone use as an access-to-courts issue); see also Richardson v. Superintendent Coal Twp.
discussed Cited "see" Crisano v. Grimes
E.D. Va. · 2021 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (inmate’s constitutional right of meaningful access to the courts does require “any particular means of access, including unlimited telephone use”); see also Benzel v. Grammer, 869 F.2d 1105, 1108 (8th Cir. 1989) (prisoners have no right to unlimited telephone use); Washington v. Reno, 35 F.3d 1093, 1100 (6th Cir. 1994) (holding that “an inmate has no right to unlimited telephone use”).
discussed Cited "see" Uraz 114653 v. Ingham County Jail
W.D. Mich. · 2019 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir. 1992) (reversing grant of preliminary injunction on Sixth Amendment claim based on telephone limitations; prisoners were also allowed unlimited correspondence and personal visits with attorneys; prisoners showed no irreparable harm or prejudice); Jackson v. Coyn, No. 3:17-cv-P61-DJH, 2017 WL 2389400 , at *4 (W.D.
discussed Cited "see" Mullins v. Churchill
Minn. Ct. App. · 2000 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313, 314 (8th Cir.1992) (stating “[although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use” (citations omitted)); Ingalls v. Florio, 968 F.Supp. 193, 203-04 (D.N.J.1997) (recognizing limited access to telephone calls is not constitutional violation as long as inmates can communicate with their counsel in writing or in person).
discussed Cited "see" Ingalls v. Florio
D.N.J. · 1997 · signal: see · confidence high
See Aswegan v. Henry, 981 F.2d 313 (8th Cir.1992) (rejecting the argument that prisoners have a right to “any particular means of access”); see also Williams v. ICC Comm., 812 F.Supp. 1029 (N.D.Cal.1992) (holding that the denial of legal telephone calls amounts to a constitutional violation only when prisoner has no access to lawyer by mail or through visits).
cited Cited "see, e.g." Arney v. Simmons
D. Kan. · 1998 · signal: see also · confidence low
See Lewis v. Casey, 518 U.S. 343 , 116 S.Ct. 2174, 2181 , 135 L.Ed.2d 606 (1996); see also Aswegan v. Henry, 981 F.2d 313 (8th Cir.1992).
cited Cited "see, e.g." Smith v. Copeland
E.D. Mo. · 1995 · signal: see, e.g. · confidence low
See, e.g., Aswegan v. Henry, 981 F.2d 313 (8th Cir.1992); Benzel v. Grammer, 869 F.2d 1105, 1108 (8th Cir.1989); Wishon v. Gammon, 978 F.2d 446 (8th Cir.1992).
Retrieving the full opinion text from the archive…
Raymond W. Aswegan
v.
John Henry, Deputy Warden John Emmett Lt. Anderson Sgt. Gutman Robert Washington and Roger Lawson, Dan Harris v. Robert W. Staub Steve Parkins Robert Umthum
92-1485.
Court of Appeals for the Eighth Circuit.
Dec 2, 1992.
981 F.2d 313

981 F.2d 313

Raymond W. ASWEGAN, Appellee,
v.
John HENRY, Deputy Warden; John Emmett; Lt. Anderson;
Sgt. Gutman; Robert Washington; and Roger
Lawson, Appellants.
Dan HARRIS, Appellee,
v.
Robert W. STAUB; Steve Parkins; Robert Umthum, Appellants.

Nos. 92-1485, 92-1720.

United States Court of Appeals,
Eighth Circuit.

Submitted Nov. 12, 1992.
Decided Dec. 2, 1992.

Suzie A. Berregaard Thomas, Des Moines, IA, argued (Bonnie J. Campbell, Atty. Gen. of Iowa, on the brief), for appellants.

Scott A. Sobel, Des Moines, IA, argued for appellee.

Before FAGG, BEAM, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

1

The Iowa State Penitentiary (ISP) prohibits prisoners from making toll free telephone calls, even if the calls are to their attorneys' 1-800 numbers. In separate actions, prisoners Raymond W. Aswegan and Dan Harris seek preliminary and permanent injunctive relief contending this policy denies them access to the courts. The district court issued preliminary injunctive relief, and the ISP prison officials appeal. We vacate the preliminary injunctions and remand.

2

Although the record is not fully developed, some facts are not in dispute. The ISP general population prisoners may make an unlimited number of collect telephone calls to their attorneys, and segregation prisoners may make two collect telephone calls per week. The ISP has special telephones for prisoners' collect calls, and each call is limited to ten minutes. The ISP allows unlimited correspondence and personal visits between prisoners and their attorneys. Prisoners also have access to a law library and may seek assistance from other prisoners through the jailhouse lawyer system.

3

Although the ISP allows collect telephone calls, Aswegan's attorney insists that his prisoner clients use his toll free number. This attorney now refuses to accept collect calls. According to Harris's attorney, the district court has ordered him not to accept collect calls because of their cost to a pro bono fund established by the district court. Thus, we have a situation in which the prison's collect call option is impeded by the prisoners' own attorneys. Nevertheless, Aswegan and Harris use the other available methods to contact their attorneys, and they do not allege the lack of toll free access to their attorneys adversely affects their ability to file papers, meet legal deadlines, or process matters in litigation.

4

We review the district court's preliminary injunctive orders for abuse of discretion or misplaced reliance on an erroneous legal premise. Modern Computer Sys., Inc. v. Modern Banking Sys., Inc., 871 F.2d 734, 737 (8th Cir.1989) (en banc). In deciding whether to vacate the preliminary injunctions, we consider the following factors: (1) the threat of irreparable harm to Aswegan or Harris; (2) the balance between this harm and any injury an injunction would inflict on the ISP; (3) the probability that Aswegan or Harris will succeed on the merits; and (4) the public interest. Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir.1981) (en banc). Although no single factor is determinative when balancing the equities, a lack of "irreparable injury is sufficient grounds for vacating a preliminary injunction." Modern Computer, 871 F.2d at 738.

5

After reviewing the record, we conclude the district court abused its discretion in issuing the preliminary injunctions. Although prisoners have a constitutional right of meaningful access to the courts, prisoners do not have a right to any particular means of access, including unlimited telephone use. Bounds v. Smith, 430 U.S. 817, 823, 832, 97 S.Ct. 1491, 1495, 1500, 52 L.Ed.2d 72 (1977); cf. Benzel v. Grammer, 869 F.2d 1105, 1108 (8th Cir.), cert. denied, 493 U.S. 895, 110 S.Ct. 244, 107 L.Ed.2d 194 (1989). The ISP need only provide access that is adequate, effective, and meaningful when viewed as a whole. Bounds, 430 U.S. at 822, 832, 97 S.Ct. at 1495, 1500. Aswegan and Harris use the ISP's existing methods for access to the courts and have shown neither irreparable harm nor prejudice from the ISP's toll free telephone number policy. See Modern Computer, 871 F.2d at 738; Dataphase, 640 F.2d at 114 n. 9; see also Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir.1991).

6

Accordingly, we vacate the preliminary injunctions and remand to the district court for further proceedings.