Washington v. Werholtz

Leben, J.:

Marcus Washington challenges the constitutionality of a Kansas Department of Corrections regulation that prohibits inmates from possessing sexually explicit materials. After hearing evidence, the district court held that the regulation was constitutional under Turner v. Safley, 482 U.S. 78, 89, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987), because it was reasonably related to legitimate interests of the penitentiary. Regulations of this sort elsewhere “have been routinely upheld as rationally related to legitimate penological goals.” Smith v. Dept. of Corrections, 219 Or. App. 192, 198,…