Now here is something refreshing. The Ninth Circuit decision in Waldron-Ramsey v. Pacholke involves a claim that an inmate who missed the federal habeas statute of limitations should be allowed to file anyway because of "equitable tolling." Nothing unusual in that, but the opinion by Judge Gould actually holds the prisoner responsible for his own obstructive conduct:
Waldron-Ramsey was allowed to retain three boxes of legal materials, with the remainder stored for him either in the prison or with his counsel such that he would have access to them upon request. Waldron-Ramsey was uncooperative, refused to sign the release of the materials, and refused to consolidate the most relevant materials into the three boxes he was allowed to have at a time. Waldron-Ramsey cannot be heard to claim that he acted diligently in response to an otherwise reasonable prison policy when his lack of cooperation contributed significantly to any hardship that he may have faced.Let this henceforth be known as the jackass defense to claims of equitable tolling. You can't be a jackass and then claim the protection of equity.
Congrats to Paul Weisser, Washington AG Office.
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