Phillips v. Hust

O’SCANNLAIN, Circuit Judge:

We consider whether a prison librarian is entitled to qualified immunity from suit alleging a constitutional tort for hindering an inmate’s ability to comb-bind a petition for a writ of certiorari to the Supreme Court of the United States.

I

A

Frank Marvin Phillips was convicted of second-degree manslaughter. While in prison, Phillips brought ineffective assistance of counsel claims in state court. The state courts rejected Phillips’s suit, reasoning that any error on counsel’s part did not affect the outcome of the trial. Phillips intended to seek review in the…