Cline v. Fox.

• Position: SERVICES-PRISONER - Brief Article

U.S. District Court

LIBRARY

Cline v. Fox, 319 F.Supp.2d 685 (N.D.W.Va. 2004). A federal district court determined that a West Virginia Department of Corrections policy that prohibits inmates from receiving or possessing obscene material was not unconstitutional as it was applied to the inmate. The inmate then alleged that the policy on its face violated the First and Fourteenth Amendments because it was used to purge the prison library of certain books. The district court held that the inmate had standing to challenge the policy, and that the policy was not reasonably related to a legitimate penological interest in promoting security, preventing sexual assaults, and furthering rehabilitation. The court ordered the prison to...