First Amendment – Summary Judgment

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7^th Circuit Court of Appeals

Case No.: 14-1694

Case Name: Tobias Payton v. Chris Cannon

Officials: WOOD, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

Practice Area: First Amendment – Summary Judgment

Appellant fails to provide any evidence against respondent-defendant motion for summary judgment – case is rightfully dismissed.

“The plaintiff does argue that the prison staff should be required to read every issue of every magazine (rather than just six consecutive issues, as the staff is currently required to do) that it intercepts before deciding to add the magazine to the censored list; but that would be impractical. He also argues that the real reason for the prison’s policy is that the staff dislikes pornography. This strikes us as an implausible generalization, though doubtless some staff (and not only the women) do dislike or disapprove of pornography; in any event, he provides no evidence. He has, in short, made no case against the district judge’s grant of the defendants’ motion for summary judgment. The suit was therefore rightly dismissed.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.