Krug v. Lutz.U.S. Appeals Court OBSCENITY obscenity, in law, anything that tends to corrupt public morals by its indecency. The moral concepts that the term connotes vary from time to time and from place to place. In the United States, the word obscenity is a technical legal term. In the 1950s the U.S. PUBLICATIONS Krug v. Lutz, 329 F.3d 692 (9th Cir. 2003). A state prison inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr. brought a [section] 1983 action against corrections officials, alleging a procedural due process violation in connection with the review of decisions that excluded incoming publications as obscene. The district court found that the officials enjoyed qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. , but granted injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. for the inmate. The district court ordered a review by a different decision-maker when a publication was excluded, if the exclusion was challenged. The officials and inmate appealed. The appeals court affirmed. The appeals court held that the inmate had a protected liberty interest in the receipt of his subscription mailings and therefore had a constitutional right to a two-level review of a corrections official's determination that a publication was excludable as obscene. The court noted that a different official from the one who made the initial determination had to review the challenge to the exclusion. (Arizona Department of Corrections The Arizona Department of Corrections is in charge of the incarceration of tens of thousands of inmates in the U.S. state of Arizona. The ADC also manages over 4,000 inmates who have been paroled or that are statutorily released. ) |
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