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Kansas DOC Ban on Bare Buttocks Magazines Questioned
A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks.
In granting prison officials partial summary judgment, the Court found that the prisoners received all the process they were due when they received notice, and had the opportunity to file administrative grievances over the censorship of their publications. The Court also dismissed the official capacity claims against prison officials on sovereign immunity.
The Court found the current record before the Court does not establish that there exists a legitimate penological interest to ban publications that depict bare buttocks. The Court ordered further discovery and denied without prejudice the motion for summary judgment on this issue.
See: Strope v. Kingsley, 492 F. Supp. 2d 1289; 2007 U.S. Dist. Lexis 44010 (D. Kansas 2007).
In granting prison officials partial summary judgment, the Court found that the prisoners received all the process they were due when they received notice, and had the opportunity to file administrative grievances over the censorship of their publications. The Court also dismissed the official capacity claims against prison officials on sovereign immunity.
The Court found the current record before the Court does not establish that there exists a legitimate penological interest to ban publications that depict bare buttocks. The Court ordered further discovery and denied without prejudice the motion for summary judgment on this issue.
See: Strope v. Kingsley, 492 F. Supp. 2d 1289; 2007 U.S. Dist. Lexis 44010 (D. Kansas 2007).
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Related legal case
Strope v. Kingsley
| Year | 2007 |
|---|---|
| Cite | 492 F. Supp. 2d 1289; 2007 U.S. Dist. Lexis 44010 (D. Kansas 2007) |
| Level | District Court |
| Injunction Status | N/A |