Stolte v. Cummings

Rulon, C.J.:

Petitioner David P. Stolte appeals die district court’s denial of the relief requested in his habeas corpus petition. Petitioner claims the inability to purchase personal hygiene products and over-the-counter medication has violated the constitutional prohibition against cruel and unusual punishment. We affirm.

The underlying facts are neither complex nor contested and are as follows:

The petitioner filed a grievance alleging that he was entitled to apply one-half of his prison earnings for the purchase of basic hygienic items, relying upon Tonge v. Simmons, 27 Kan. App. 2d 1048, 11…