Monday, October 21, 2013

Unreasonable Mail Restraints May Violate Prisoner's Rights

Frazier v. Flores, 2013 WL 5541391 (10/9/13) (Col.) (unpub'd) - The 10th remands a ยง 1983 prisoner law suit because the district court dismissed it without considering that the prisoner's failure to timely respond to a court order may have been the result of prison restrictions on how much postage he could use each month. Unreasonable restraints on a prisoner's ability to mail legal documents may violate the prisoner's right of access to the courts.