Federal Circuits, 6th Cir. (May 23, 1989)
Docket number: 88-4053
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http://vlex.com/vid/37260356
Id. vLex: VLEX-37260356
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U.S. Supreme Court - Bounds v. Smith, 430 U.S. 817 (1977)
U.S. Supreme Court - Pell v. Procunier, 417 U.S. 817 (1974)
U.S. Court of Appeals for the 6th Cir. - Edward R. Childs, Jr., Plaintiff-Appellant, v. Ernest Pellegrin, State Commissioner of Corrections; William Long, Former State Commissioner of Corrections; Ron Bishop, Director of Programs; Dick Baumbach, Public Information Officer; Herman C. Davis, Warden, Fort Pillow State Farm; Kay Bradshaw; Davis Mills; Ross Bates; Marvin Smith; Bill Howell; Charles Cubine; Charles Piphus; Wayne Carpenter; Jim Rose, Former Warden of Tennessee State Prison; Michael Dutton, Warden, Tennessee State Prison; James L. Vandever; Fort Pillow State Farm Tactical Squad; Lake County Regional Facility Tactical Squad, Defendants-Appellees., 822 F.2d 1382 (6th Cir. 1987) Jr., Plaintiff-Appellant, v. Ernest Pellegrin, State Commissioner of Corrections; William Long, Former State Commissioner of Corrections; Ron Bishop, Director of Programs; Dick Baumbach, Public Information Officer; Herman C. Davis, Warden, Fort Pillow State Farm; Kay Bradshaw; Davis Mills; Ross Bates; Marvin Smith; Bill Howell; Charles Cubine; Charles Piphus; Wayne Carpenter; Jim Rose, Former Warden of Tennessee State Prison; Michael Dutton, Warden, Tennessee State Prison; James L. Vandever; Fort Pillow State Farm Tactical Squad; Lake County Regional Facility Tactical Squad, Defendants-Appellees.
Before BOYCE F. MARTIN and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.
ORDERThis case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).Jeffrey A. Murr appeals the summary judgment for the defendant corrections official in this prisoner civil rights case filed under 42 U.S.C. Sec . 1983. Murr alleged that defendant Wamsley ordered him to discontinue working on legal matters for himself and other prisoners. Murr asserted violations of his first amendment rights to access to the courts and to freedom of speech. The district court found no constitutional deprivation under the undisputed facts and granted summary judgment for defendant. Upon consideration, we conclude that summary judgment for defendant was proper.Essentially, it is undisputed that defendant Wamsley ordered Murr to stop working on legal matters within the dormitory in which Murr was housed. Murr alleged that Wamsley did this in retaliation because Murr had sued Wamsley in another lawsuit. Wamsley alleged that he did this because he believed Murr was charging fees for his legal services in violation of prison policy. In any event, Murr filed an inmate grievance and was permitted to resume working a short time later.Generally, summary judgment is appropriate where there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett,