Kimberlin v. U.S. Dept. of Justice.

• Position: PROPERTY-PRISONER PERSONAL - Brief Article

U.S. Appeals Court

PROHIBITED PROPERTY

Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C.Cir. 2003). Prison inmates brought an action against the federal Bureau of Prisons (BOP) alleging that the BOP's ban on electric or electronic musical instruments, except those used in connection with religious activities, violated their constitutional rights to free expression and equal protection. The district court held that the policy did not violate the First Amendment, but entered summary judgment in favor of the inmates on their equal protection claim. The inmates appealed and the appeals court affirmed. The appeals court held that the BOP reasonably interpreted a statute that banned the use of appropriated funds for the "use or...