Simkins v. Bruce.U.S. Appeals CourtACCESS TO COURT Simkins v. Bruce, 406 F.3d 1239 (10th Cir. 2005). A prisoner brought a pro se [section] 1983 action alleging that corrections officials failed to forward his mail to him while he was temporarily housed in another facility, causing him to lose a lawsuit lawsuit: see procedure; tort. . The district court granted summary judgment for the officials and the prisoner appealed. The appeals court reversed and remanded. The court held that a prison mail room supervisor's conduct of holding the prisoner's mail rather than forwarding it to him constituted intentional in·ten·tion·al adj. 1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary. 2. Having to do with intention. conduct that violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. the prisoner's right of access to the courts. The court noted that a prisoner's right to receive his legal mail was clearly established. (Hutchinson Correctional Facility Hutchinson Correctional Facility (HCF) is a state prison operated by the Kansas Department of Corrections located in Hutchinson, Kansas in Reno County. The prison was originally known as the Kansas State Industrial Reformatory (KSIR) and designed to house younger offenders. , Kansas) |
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