Andrew Lee Jackson v. Raymond K. Procunier, Director, Texas Department of Corrections

ALVIN B. RUBIN, Circuit Judge:

A prisoner asserts that he was deprived of his constitutional right of access to the courts when his petition in forma pauperis was intentionally delayed by prison mail-room personnel. The delay resulted in the dismissal of his state appeal from an adverse judgment in a civil suit. The court below interpreted his claim as a negligent deprivation of property without due process. It dismissed the complaint for failure to state a claim on the ground that due process was satisfied by the existence of a post-deprivation state tort remedy. We find, however, that the…