United States Tenth Circuit

In a 42 U.S.C. section 1983 action by a pro se prisoner based on various conditions of his confinement, the dismissal of the complaint is affirmed in part where plaintiff failed to state a proper claim of violations of his constitutional right to access the courts. However, the order is reversed in part where: 1) there was no legitimate penological reason to restrict mail simply to harass inmates or to confiscate mail that complies with prison policy; and 2) plaintiff's claims should not have been dismissed without giving plaintiff an opportunity to describe with greater specificity why equitable tolling should apply.

Appellate Information

• Decided 10/26/2010
• Published 10/26/2010

Judges

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Donald Gee, Bruce A. Salzburg