Ineffective Assistance of Rubber Pencils in Violation of 6th Amendment

Blast Zone No. 168
Set Up On:
Category: Corrections - Jail Staff
Current Jail Location:
901 Port Avenue
St Helens, Oregon 97051
Rubber Pencil
Rubber Pencil

How does one draft an over 30 page Bivens action with a pencil that is so flimsy that it is barely usable? I had to answer that question the hard way at the Columbia County Jail. Fortunately I had enough time on my hands to write that Bivens and file it on time, but what about other self-represented litigants that need to write a legible document that they would have time to write if they had a functional writing utensil? At other facilities in the area inmates are given pens and typewriters. Flex pens are always a safe solution that works. One can barely read anything written with a flex pencil.

In order to enjoy their constitutionally protected rights to access the courts and aid in their own defense, inmates need something to write with that can produce legible results quickly.

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