(DOWNLOAD) "Jackson v. Procunier" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Jackson v. Procunier
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 09, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
A prisoner asserts that he was deprived of his constitutional right of access to the courts when his petition in forma pauperis was intentionally delayed by prison mailroom personnel. The delay resulted in the dismissal of his state appeal from an adverse judgment in a civil suit. The court below interpreted his claim as a negligent deprivation of property without due process. It dismissed the complaint for failure to state a claim on the ground that due process was satisfied by the existence of a post-deprivation state tort remedy. We find, however, that the district court misinterpreted the pro se complaint, which also states a cause of action for the intentional deprivation of a constitutional right implicit in the first amendment and in substantive due process. We, therefore, reverse the dismissal and remand the case for further proceedings, reserving ruling for issues that may possibly lurk in the case until the district court has either found the facts or the material facts have been made clear beyond genuine dispute.
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