United States Eighth Circuit

Denial of a motion to dismiss, based on qualified immunity, a prisoner's action against a warden for failure to notify the plaintiff about the rejection of legal materials he received through the mail is affirmed where: 1) defendant violated plaintiff's constitutional right to procedural due process by failing to notify him that his incoming mail had been returned; 2) plaintiff's complaint sufficiently placed responsibility for the lack of notice on defendant; and 3) plaintiff's constitutional right was clearly established at the time of the violation.

Appellate Information

• Decided 01/09/2009
• Published 01/09/2009

Judges

• BYE, Circuit Judge., Before BYE, JOHN R. GIBSON and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lonnie Frank Bryan, AUSA, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Thomas Henry Boyd, argued, Minneapolis, MN, for appellee.