Gaines v. Maynard

1 Plaintiffs are American Indian prisoners seeking a writ of mandamus against their Warden. Boiled down, their suit is for the appointment of legal counsel based on an alleged denial of access to the courts. The District Court of Pittsburg County dismissed the case five days after it was filed. On certiorari to the Court of Appeals, which affirmed, our sole question is whether the trial courts dismissal was proper. We conclude that at least one of the plaintiffs claims was properly dismissed, but that the pivotal issue of entitlement to court appointed attorney for alleged lack of access to the courts cannot be fully resolved on the record before us. We vacate the opinion of the Court of Appeals, reverse in part and affirm in part the order of the trial court, and remand with instructions.