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464 F.2d 1038

Docket No. 28338 Summary Calendar.*

Simon v. Wainwright

Fifth Circuit Court of Appeals · decided 1972-07-28

Cited by 5 later decisions — most recently June 1986

3 federal appellate ·

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Williams v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1972-07-28

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Fifth Circuit.

Harold E. Simon, pro se.

Robert L. Shevin, Atty. Gen., James Robert Yon, Asst. Atty. Gen., Tallahassee, Fla., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

¶1

Harold E. Simon, an inmate confined on Death Row of the Florida State Prison at Raiford, filed a civil rights complaint seeking injunctive relief against asserted deprivations of Federal constitutional rights resulting from (i) prison censorship of mail that allegedly interfered with his right of free access to the courts, (ii) allegedly unreasonable restrictions on the use of law books and other legal materials, including screening and censorship of court opinions by prison officials, and (iii) restrictions on showering, exercise and other privileges that allegedly constituted cruel and unusual punishment within the prohibition of the Eighth Amendment.

¶2

We vacate the District Court's order summarily dismissing the complaint and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir., 1972, 461 F.2d 1080 and companion cases.

¶3

Vacated and remanded.

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