1st Amendment Violation

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7^th Circuit Court of Appeals

Case Name: Barbara Lyons, et al. v. Thomas J. Dart, et al.

Case No.: 17-3170

Officials: Bauer, Easterbrook, and Manion, Circuit Judges.

Focus: 1^st Amendment Violation

During 2013, While Gregory Koger was serving a 300-day sentence in Cook County Jail, Barbara Lyons sent him at least ten books, plus some magazines and newspapers. Lyons and Koger contend in this suit under 42 U.S.C. §1983 that the Jail violated the First Amendment (applied to the states by the Fourteenth) by limiting inmates to three pieces of reading matter (plus religious material) at a time–a policy that, according to plaintiffs, led to the confiscation of more than 30 “excess” books that guards found in Koger’s cell. A magistrate judge, serving by consent under 28 U.S.C. §636(c), did not reach the merits but concluded that neither Lyons nor Koger has a justiciable grievance about the Jail’s policy. 2017 U.S. Dist. LEXIS 160607 (N.D.I11.Sept. 29, 2017).

Defendants observe that the Supreme Court has held that prisons may limit the nature and amount of reading in cells. See Beard v. Banks, 548 U.S. 521 (2006); see also Tarpley v. Allen County, 312 F.3d 895 (7^th Cir. 2002). Kroger’s objection to the three-book policy thus may well fail. Bit it would be premature for us to address the merits while it remains unclear just what policy the Jail has adopted for dealing with confiscated reading matter. It is also possible that Koger’s allegations are false and that no substantive issue needs resolution: the guards deny removing any of his reading matter. It is best to return all merits-related questions to the district court, which can determine exactly what policy the Jail is employing, how (if at all) it affected Koger, and if necessary consider the validity of that policy and whether Koger is entitled to damages.

The judgment is affirmed with respect to Lyons, but with respect to Koger’s claim for damages it is vacated, and the case is remanded for further proceedings.

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.