Opinion

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

  • 464 F.2d 1034
  • 1972 U.S. App. LEXIS 8170
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 28, 1972
Status
Published
On the bench
Brown, Goldberg, Morgan
Cited by
1 cases
Authority
More cited than 49.2%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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