United States Fourth Circuit

In a prisoner suit under 42 U.S.C. section 1983 alleging that the Virginia Freedom of Information Act unconstitutionally excludes prisoners from its coverage, dismissal of the complaint is affirmed where: 1) the plaintiff failed to allege any facts in his facial attack on the statute suggesting that the exclusion was not rationally related to a legitimate government interest; 2) plaintiff's conclusory assertions were not enough to state a plausible claim that the exclusion denied him equal protection as-applied; and 3) prison officials in no way obstructed defendant's capability to file suit over issues underlying the information request.

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

• Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and JOHN PRESTON BAILEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven David Rosenfield, Charlottesville, Virginia, for Appellant.  William Eugene Thro, State Solicitor General, Office of the Attorney General, Richmond, Virginia, for Appellees.   ON BRIEF:  Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia;  R. Frazier Solsberry, Charlottesville, Virginia, for Appellant.  Robert F. McDonnell, Attorney General, Stephen R. McCullough, Deputy State Solicitor General, William C. Mims, Chief Deputy Attorney General, Marla Graff Decker, Deputy Attorney General, Mark R. Davis, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees.