Legal Opinion

Cline v. Fox

District Court, N.D. West Virginia

Decided May 7, 2004No. CIV.A.1:00 CV 175PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Before the Court are cross-motions for summary judgment filed by the plaintiff, Roger Cline, and the defendants, William F. Fox and James Rubenstein. Generally stated, the question presented by these motions is whether West Virginia Department of Corrections Policy Directive 503.00, 1 on its face and as applied, is unconstitutional. The Court finds that Policy Directive 503.00(V)(P), in particular, is not reasonably related to legitimate penological objectives insofar as it prohibits reading materials with any written depictions of sexual…

2Cases cited24 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Pell v. ProcunierSupreme Court of the United States · 1974

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3Cited by6 opinions

  1. Reynolds v. QuirosCourt of Appeals for the Second Circuit · 2022
  2. Smith v. BeardCommonwealth Court of Pennsylvania · 2011
  3. Couch v. JabeDistrict Court, W.D. Virginia · 2010
  4. Fields v. SmithDistrict Court, E.D. Wisconsin · 2010
  5. Clemons v. LumpkinDistrict Court, S.D. Texas · 2023

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