United States Sixth Circuit

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Stanley v. Vining, 08-2634

In a pro se prisoner's 28 U.S.C. section 1983 suit, claiming that a prison guard violated his constitutional rights by reading his "legal mail" and for issuing a prison misconduct charge against him, district court's dismissal for failure to state a claim is affirmed where: 1) defendants have provided the prisoner with a post-deprivation hearing and have not violated procedural due process; 2) the prisoner's substantive due process claim under the First Amendment for denial of access to the courts by interfering with his "legal mail" fails as there must be some allegation that the prison official's conduct amounted to denial of access to the courts or some form of censorship of speech; and 3) with respect to the Sixth Amendment claim for deprivation of the right to counsel through the guard's interference with prisoner's legal mail, the prisoner does not allege that the guard's conduct created any barrier to his relationship with counsel.

Appellate Information

  • Submitted 03/10/2010
  • Decided 04/22/2010
  • Published 04/22/2010


  • Before MERRITT, COLE, and COOK, Circuit Judges.


  • United States Sixth Circuit


  • For Appellant:
  • ON BRIEF: Aubrey Stanley, Munising, Michigan, pro se.