Opinion
No. 284, 2005.
Submitted: November 4, 2005.
Decided: January 9, 2006.
Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 05C-04-116.
Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices.
ORDER
This 9th day of January 2006, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The plaintiff-appellant, Gibson Hall, filed this appeal from the Superior Court's dismissal of his civil rights lawsuit filed pursuant to 42 U.S.C. § 1983. Hall, who is incarcerated, filed his complaint alleging that the defendants, who are employees of the Department of Correction, violated his constitutional rights by confiscating certain issues of his subscription to Black Belt magazine and improperly classifying the issues as a security risk.
(2) The Superior Court dismissed Hall's complaint on the grounds that it was both legally and factually frivolous. The trial court found, as a matter of fact, that the confiscated issues taught or promoted violence. Thus, defendants' confiscation of these issues, which presented a security risk, was not a violation of Hall's civil rights. The Superior Court also concluded that Hall's complaint was legally frivolous because the defendants' regulation of Hall's mail was reasonably related to a legitimate penological interest.
(3) Having carefully considered the parties' respective positions on appeal, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court's well-reasoned decision dated June 16, 2005. The Superior Court did not err in concluding that Hall's complaint was both factually and legally frivolous.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.