Cline v. Fox.U.S. District Court FREE SPEECH CRIPA CRIPA Civil Rights of Institutionalized Persons Act of 1980 -- Civil Rights of Institutionalized in·sti·tu·tion·al·ize tr.v. in·sti·tu·tion·al·ized, in·sti·tu·tion·al·iz·ing, in·sti·tu·tion·al·iz·es 1. a. To make into, treat as, or give the character of an institution to. b. Persons Act Cline cline, in biology, any gradual change in a particular characteristic of a population of organisms from one end of the geographical range of the population to the other. v. Fox, 282 F.Supp.2d 490 (N.D.W.Va. 2003). An inmate brought a suit under [section] 1983 alleging that the purging of a prison library of allegedly obscene materials violated his First and Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1 Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens rights. The case was dismissed for failure to exhaust administrative remedies, and the inmate moved to reconsider. The district court granted the reconsideration motion, finding that the inmate had exhausted administrative remedies, even though his grievance was rejected for untimeliness. The court noted that the purpose of the exhaustion requirement is to reduce the quantity and improve the quality of prisoner suits, under the Civil Rights of Institutionalized Persons Act (CRIPA). The inmate alleged that the department of corrections policy that banned obscene materials "suddenly prevented him from possessing or receiving his books." Among the books pulled from library shelves under the new policy were William Styron's Sophie's Choice, Gore Vidal's Myra Breckinridge, and a number of works by John Updike. (St. Mary's Correctional Center, West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures Area, 24,181 sq mi (62,629 sq km). Pop. ) |
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