Legal Opinion

Avery v. Faulkner

Indiana Court of Appeals

Decided December 19, 1984No. 3-484A108PSPublishedCited by 8 opinions

1Opinion of the Court

STATON, Presiding Judge.

Lloyd Avery, an inmate at Westville Correctional Center, corresponded with other inmates. Because he had neither request ed nor received prior approval from prison officials to send correspondence to other inmates pursuant to IC 1984, 11-11-8-2 (Burns Code Supp.) prison officials returned several letters to Avery. Avery filed suit claiming that IC 11-11-8-2 unconstitutionally conflicts with his guaranteed constitutional right to free speech. The trial court dismissed Avery's complaint for failure to state a claim; it determined that IC 11-11-8-2 was facially…

2Cases cited8 opinions

  1. Johnson v. St. Vincent Hospital, Inc.Indiana Supreme Court · 1980
  2. Lawrence W. Smith, and Cross-Appellants, and Philip E. Jaros, and Cross-Appellants v. Wayne Shimp, and Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1977
  3. Paul v. Metropolitan School District of Lawrence TownshipIndiana Court of Appeals · 1983
  4. Lawrence v. DavisDistrict Court, W.D. Virginia · 1975
  5. Peterson v. DavisDistrict Court, E.D. Virginia · 1976

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

3Cited by8 opinions

  1. Commitment of GPH v. GilesIndiana Court of Appeals · 1991
  2. Flagg v. McCann Corp.Indiana Court of Appeals · 1986
  3. In Re the Mental Commitment of M.P.Indiana Court of Appeals · 1986
  4. Perry v. StateIndiana Court of Appeals · 1987
  5. Moore v. Republic Moving & Storage, Inc.Indiana Court of Appeals · 1990

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

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