Question
A state DOC policy on legal assistance to prisoners provides that the state will contract with a private law firm or entity to provide legal
A state DOC policy on legal assistance to prisoners provides that the state will contract with a private law firm or entity to provide legal assistance to inmates in civil matters but not representation except that the state contracts for a full time attorney to represent the inmates at the state's female correctional facility in family matters including, but not limited to, divorces, child custody, and Department of Children and Families proceedings. Inmate Y, a male, requested state paid representation assistance to reverse a parental rights termination order. The state refused to provide such assistance. Inmate Y then sues correctional officials, alleging that the provision of family law legal assistance and representation to female prisoners but not to male prisoners violates the equal protection clause of the Fourteenth Amendment. How should the court rule?
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