Filed Date: Dec. 15, 1975
Closed Date: 1979
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The plaintiff, an individual prisoner at the Glades Correctional Institution in Florida, brought a Section 1983 suit against two prison officials in the United States District Court for the Southern District of Florida. The plaintiff, represented by private counsel, alleged First Amendment violations by prison officials when they prevented him from mailing letters, including one to his girlfriend charging the mail censoring officer with having had intercourse with a cat.
The District Court granted the plaintiff injunctive relief, nominal damages against the mail censoring defendant individually, and attorney's fees. Defendant, represented by Assistant Attorney Generals Anthony J. Golden and Benedict P. Kuehne, appealed to the United States Court of Appeals for the Fifth Circuit.
On November 15, 1979, the Court of Appeals (Judges John C. Godbold, Byron G. Skelton, and Alvin B. Rubin) affirmed. Writing for the court, Judge Godbold held that the prison official's censorship was unconstitutional because there was no substantial government interest, the letter's offensive language was not a breach of discipline, the letter was not obscene, and that libel would not be grounds for censorship. The court upheld the awards for nominal damages and attorney's fees against the mail censoring defendant. Judge Skelton dissented with respect to the award of attorney's fees against the defendant in his individual capacity in the absence of a showing of bad faith. McNamara v. Moody, 606 F.2d 621 (5th Cir. 1979).
Summary Authors
Chris Sullivan (8/8/2005)
Godbold, John Cooper (Louisiana)
Skelton, Byron George (Texas)
Lindsey, Hubert R. (Florida)
Golden, Anthony J. (Florida)
Kuehne, Benedict Paul (Florida)
Godbold, John Cooper (Louisiana)
Skelton, Byron George (Texas)
Last updated March 26, 2024, 3:11 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
Case Type(s):
Key Dates
Filing Date: Dec. 15, 1975
Closing Date: 1979
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prisoner brought action against prison officials alleging that defendants violated his constitutional rights by refusing to mail a letter to his girlfriend
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Glades Correctional Institution (Belle Glades), State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Type of Facility: