Smith v. Carrasco.

PositionFREE SPEECH, EXPRESSION, ASSOC. - Brief Article

U.S. District Court

LITERATURE

Smith v. Carrasco, 334 F.Supp.2d 1094 (N.D.Ind. 2004). A state prison inmate brought a [section] 1983 action alleging that corrections officials violated his constitutional rights by confiscating his anarchist pamphlets. The district court held that the allegation that officers confiscated his pamphlets was sufficient to state First Amendment and equal protection claims, but the allegations failed to state a claim of cruel and unusual punishment. According to the court, even if the confiscation meant that the inmate was unable to finish writing his book, any injury was not...

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