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Simon v. Wainwright

United States Court of Appeals, Fifth Circuit
Jul 28, 1972
464 F.2d 1038 (5th Cir. 1972)

Opinion

No. 28338. Summary Calendar.

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

July 28, 1972.

Harold E. Simon, pro se.

Robert L. Shevin, Atty. Gen., James Robert Yon, Asst. Atty. Gen., Tallahassee, Fla., for defendant-appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.



Harold E. Simon, an inmate confined on Death Row of the Florida State Prison at Raiford, filed a civil rights complaint seeking injunctive relief against asserted deprivations of Federal constitutional rights resulting from (i) prison censorship of mail that allegedly interfered with his right of free access to the courts, (ii) allegedly unreasonable restrictions on the use of law books and other legal materials, including screening and censorship of court opinions by prison officials, and (iii) restrictions on showering, exercise and other privileges that allegedly constituted cruel and unusual punishment within the prohibition of the Eighth Amendment.

We vacate the District Court's order summarily dismissing the complaint and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir., 1972, 461 F.2d 1080 and companion cases.

Vacated and remanded.


Summaries of

Simon v. Wainwright

United States Court of Appeals, Fifth Circuit
Jul 28, 1972
464 F.2d 1038 (5th Cir. 1972)
Case details for

Simon v. Wainwright

Case Details

Full title:HAROLD E. SIMON, PLAINTIFF-APPELLANT, v. LOUIE L. WAINWRIGHT, DIRECTOR…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 28, 1972

Citations

464 F.2d 1038 (5th Cir. 1972)

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