Stewart M. Mann v. Dallas Smith
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
A pretrial detainee at a county jail was subjected to a general rule under which inmates were forbidden, to receive newspapers and magazines. The proffered justification for this rule was a desire to reduce the threat of fires and clogged toilets. In view of the jail’s policy of allowing inmates to possess other material that was flammable and capable of being used to interfere with the plumbing, we hold that the rule is too underinclusive to be upheld under the applicable first amendment test.
The plaintiff also claims that he was denied his…
2Cases cited15 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Bounds v. SmithSupreme Court of the United States · 1977
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
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3Cited by97 opinions
- Beard v. BanksSupreme Court of the United States · 2006
- Sands v. LewisCourt of Appeals for the Ninth Circuit · 1989
- Hamilton v. LyonsCourt of Appeals for the Fifth Circuit · 1996
- Michael L. Martin v. Sheriff Richard TysonCourt of Appeals for the Seventh Circuit · 1988
- Powell v. Cook County JailDistrict Court, N.D. Illinois · 1993
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