U.S. Court of Appeals for the Fifth Circuit, 1972

Harold E. Simon v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Harold E. Simon v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit · Decided July 28, 1972 · Brown, Goldberg, Morgan
464 F.2d 1038; 1972 U.S. App. LEXIS 8176 (Federal Reporter, Second Series)

Harold E. Simon v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Opinion

*1039 PER CURIAM:

Harold E. Simon, an inmate confined on Death Row of the Florida State Prison at Raiford, filed a civil rights complaint seeking injunctive relief against asserted deprivations of Federal constitutional rights resulting from (i) prison censorship of mail that allegedly interfered with his right of free access to the courts, (ii) allegedly unreasonable restrictions on the use of law books and other legal materials, including screening and censorship of court opinions by prison officials, and (iii) restrictions on showering, exercise and other privileges that allegedly constituted cruel and unusual punishment within the prohibition of the Eighth Amendment.

We vacate the District Court’s order summarily dismissing the complaint and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir., 1972, 461 F.2d 1080 and companion cases.

Vacated and remanded.

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