James Donald Brown v. Louie L. Wainwright, Director, Division of Adult Corrections, State of Florida

U.S. Court of Appeals for the Fifth Circuit
James Donald Brown v. Louie L. Wainwright, Director, Division of Adult Corrections, State of Florida, 464 F.2d 1034 (5th Cir. 1972)
1972 U.S. App. LEXIS 8170

James Donald Brown v. Louie L. Wainwright, Director, Division of Adult Corrections, State of Florida

Opinion

PER CURIAM:

James Donald Brown, an inmate of the Florida State Prison at Raiford, filed two separate civil rights complaints seeking injunctive relief and money damages for asserted deprivations of Federal constitutional rights resulting from (i) the State's failure to provide him with ball point pens for use in corresponding with the courts, (ii) prison censorship of mail that allegedly interfered with his right of free access to the courts, (iii) allegedly unreasonable restrictions on the use of law books and other legal materials in the prisoner’s cell, and (iv) restrictions on exercise and other privileges that allegedly constituted cruel and unusual punishment within the prohibition of the Eighth Amendment.

*1035 We agree with the District Court’s conclusion that the alleged discrimination in providing ball point pens does not raise a substantial Federal question. As for the remaining allegations we vacate the District Court’s orders summarily dismissing the complaints and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir. 1972, 461 F.2d 1080 and companion cases.

Affirmed in part; vacated and remanded in part.

Reference

Full Case Name
James Donald BROWN, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Adult Corrections, State of Florida, Defendant-Appellee
Cited By
1 case
Status
Published