Legal Opinion

Paul Simmons v. Paul G. Dickhaut and Tony Somensini

Court of Appeals for the First Circuit

Decided November 6, 1986No. 86-1591PublishedCited by 72 opinions

1Per curiam

Paul Simmons appeals from the district court’s dismissal of his § 1983 complaint. Simmons alleged that the defendants violated his right of access to the courts when they refused to return to him various legal materials. Named as defendants are the superintendent and property officer of MCI Lancaster.

On motion by the state, the district court dismissed under the authority of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). Simmons argues on appeal that the Parratt analysis does not apply to a right of access deprivation. The State argues that Parratt applies and…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Hudson v. PalmerSupreme Court of the United States · 1984
  5. Daniels v. WilliamsSupreme Court of the United States · 1986

16 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Barbara Monsky, for Herself and on Behalf of All Women Similarly Situated v. Honorable Howard J. MoraghanCourt of Appeals for the Second Circuit · 1997
  2. Suzanne Germany v. Carol Vance, Suzanne Germany v. Carol VanceCourt of Appeals for the First Circuit · 1989
  3. Wayne M. Zilich v. Gary Lucht, WardenCourt of Appeals for the Third Circuit · 1992
  4. Leonard Rollon Crawford-El v. Patricia Britton and District of Columbia Department of CorrectionsCourt of Appeals for the D.C. Circuit · 1992
  5. Robert Sowell v. George VoseCourt of Appeals for the First Circuit · 1991

67 more not listed; retrieve them via the Exa API.

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