Opinion

Herman Jackson, Jr. v. James B. Godwin, Etc.

  • 400 F.2d 529
  • 1968 U.S. App. LEXIS 6001
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 23, 1968
Status
Published
Author
Hooper
On the bench
Tuttle, Goldberg, Hooper
Cited by
128 cases

finding that newspapers and magazines allowed in a prison carried extensive coverage of riots to the point where the district court could take judicial notice of such coverage

How later courts described this case

  • finding that newspapers and magazines allowed in a prison carried extensive coverage of riots to the point where the district court could take judicial notice of such coverage
  • finding that newspapers and magazines allowed inside a prison gave extensive coverage of riots and the district court could take judicial notice of such coverage
  • Ebony, Sepia, Pittsburgh Courier, and Amsterdam News which are published primarily for black readers were banned; mágazines were restricted to U.S. News and World Report, Sports Illustrated, Reader’s Digest, National Geographic, Outdoor Life, Saturday Evening Post, and Pocket Crossword Puzzles
  • Ebony, Sepia, Pittsburgh Courier and Amsterdam News which are published primarily for black readers were banned; magazines were restricted to U.S. News and World Report, Sports Illustrated, Reader's Digest, National Geographic, Outdoor Life, Saturday Evening Post and Pocket Crossword Puz zles

Written by the judges who cited it.

The opinion

HOOPER, District Judge

(concurring) .

I thoroughly concur in the disposition made of this case as shown in the above opinion. Until the District Court, however, makes more complete findings of fact, I can not agree with all of the inferences made in the above opinion as to intentional discrimination. I am advised by the Administrative Office that “of the 1088 prisoner cases reported during the first half of the fiscal year 1967, there were 515 that were based on alleged violations of civil rights,” and that “the growth in the number of these cases in the last few years has been phenomenal.” The situation calls for careful consideration upon the part of both prison officials and judges.

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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