United States Second Circuit

Dismissal of plaintiff-prisoner's claim, alleging that the confiscation of his "New Afrikan political literature" violated his constitutional right to free speech, is reversed where plaintiff's complaint stated a legally sufficient First Amendment claim.

Appellate Information

• Decided 12/06/2004
• Published 12/06/2004

Judges

• WESLEY, Circuit Judge., Before:  SACK, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gargi Pahuja, Keith Hovey (Jon Romberg, of counsel), Seton Hall University School of Law, Center for Social Justice, Newark, New Jersey, for Plaintiff-Appellant., Martin A. Hotvet, Assistant Solicitor General of the State of New York (Eliot Spitzer, Attorney General, on the brief, Daniel Smirlock, Deputy Solicitor General, of counsel), Albany, New York, for Amicus Curiae Eliot Spitzer, Attorney General of the State of New York.