remedy that if you pose with regard to the issue of whether a constitutional denial is shown the record below indicated that the oregon state hospital has about seven hundred patients the plaintiffs relied upon evidence regarding two of those patient and mr ranney with regard to mr mccormick the evidence was that he wished to do research on whether he could be transferred to  an institution presumably at the state hospital in another state and for that purpose he needed federal cases with regard to mr manny hi claims were two fold one was that he was being his urine was being tested and he did not believe that was justified the other claim was that he was being denied access to the telephone other than to call his lawyer  it's not sufficient in terms of lewis versus casey because the court makes clear in that case at least the majority opinion does that the person has to be presenting a non frivolous legal time with regard to with well let me back out there with regard to mr mccormick i know of no authority and we've never been cited to any authority for transferring a person who has been either simply them or for that matter force the state to to make them go certainly with regards to prison inmates those kinds of things are commonly done by agreement between the state well and that is part of the problem the plaintiffs have the burden of proving that they have a non frivolous legal point to make they did not do that they prove that they had a this and that they have a claim they desire never prove that it was anything on frivolous legal burden was showing that he had a non frivolous claim to pursue and you don't do that merely by showing that they have something you'd like to  just stated balding like that do not fit a non frivolous client for for federal relief there's just not enough there and that was never amplified such that the district court could have made a alleged inadequacies of the law library and that's important to my second point which is the remedy was what judge pan or did in athens is he  assumes that without proof that the claims that these two people wanted to bring were non frivolous federal claims he further assumes without proof that there must be other people at the hospital who wanted to bring such claims and that those would be non frivolous federal claims there's absolutely no evidence on that issue there's there's no evidence that there's anyone else in mr mccormick's position and there's no evidence that there is anyone else in mr romney's position that is not able to do was on research but not having a federal claim that they want to pursue and so essentially what what what the court has gone on here is to impose a rather a rather strong remedy without any factual recall there were two underlying violations and the court said that that is simply an adequate support system wide relief and system wide relief  here what what to say that you must both give the federal cases in the library and also provide legal assistance of some kind which  as devolved into actually hiring a lawyer it should just dafa library had he not ordered that we do both we could have for example taken the option of saying well it's that might very well be a less expensive method of accomplishing the same thing but because of the bratz of the remedy that the district court imposed the  compliance plans in which the state's burden to go up as the supreme court is directed with a remedy and the state chose instead of having rehiring the law students who in the past provided athletes of federal cases to th that they would provide an attorney would come in they would first they have and they developed this library had books in the act a body a computer she rom system so people could access the federal courts cases that way a fairly expensive way to go but maybe that was that he has post traumatic stress disorder and that he says that he's not getting a really for that any treatment all sits in this room all day long they have no way to deal with that and i fact i know from my own clients that there are there is a treating regimen for that particular disorder so if you claim if i can't get that plane here at the oregon state hospital you have to contrast read someplace where i can get there or you can pretty stablished in that area the problem went within the you look at these things of the year after the asking these mental patients who are mentally ill and have mental retardation all kinds of of mental handicaps to add to the lawyer for themselves and come up with these things now the ultimate way that the state agreed to deal with the people who have severe mental disabilities is to hire a lawyer to come in on a weekly basis to screen these claims and help them file lawsuit as the remedy that's the problem patients will come in and present themselves to somebody say i have a complaint but i'm going to tell you the person on the ward who's going to might have a complaint i need to talk to somebody else about filing a lawsuit and i think the here he said stick figure that the state said well this is what we're going to do we're going to hire out a lawyer to screen people on on a weekly basis and if that lawyer feels that you have a very clear case he will help you file a lawsuit and you'll be in federal court and then once we get they could if you just said you can actually use pinion says his orders this is that they must keep have access to the text the felt federal appellate decision so again they could have just had the lawyer photocopy cases  and it says that people who are committed to the state hospital have a right to exercise all civil rights in the same manner and with the same effect as one not admitted to the facility now joe citizen on the street if you want to file a lawsuit you want to by the fourteenth amendment that allows mr people like mr mccormick to go forward and represent themselves as if you were on the streets if there are any questions  left it to our discretion to that extent but he also ordered that his his order does say to provide patients with access to the test our understanding of from from what's been w there is no proof that any one constitutional rights of an violated and yet we've had to take from that normally would if you've been used to pay mental health staff to hire a lawyer  without any proof that there is anyone that that was being actually harmed no actual injury to any one of the hospital we believe that that's inappropriate and unjustified under the proof that we have here we're we're in the business of operating a hospital we should not be forced by the federal courts to put our resources into hiring a legal staff rather than mental h