248 F.3d 1126 (1st Cir. 2000), 99-1304, Dufield v. Commissioner, NH Dept. of Corrections

• Citation: 248 F.3d 1126
• Party Name: Thomas V. DUFIELD, Plaintiff, Appellant, v. COMMISSIONER, NH DEPARTMENT OF CORRECTIONS, et al., Defendants, Appellees. Marc ADAMS; Darren F. Starr; Charles W. Drenas, Jr., Plaintiffs, Appellants, v. Paul E. BRODEUR, Commissioner, NH Department of Corrections, et al., Defendants, Appellees.
• Case Date: November 01, 2000
• Court: United States Courts of Appeals, U.S. Court of Appeals — First Circuit

Page 1126

248 F.3d 1126 (1st Cir. 2000)

Thomas V. DUFIELD, Plaintiff, Appellant,

v.

COMMISSIONER, NH DEPARTMENT OF CORRECTIONS, et al., Defendants, Appellees.

Marc ADAMS; Darren F. Starr; Charles W. Drenas, Jr., Plaintiffs, Appellants,

v.

Paul E. BRODEUR, Commissioner, NH Department of Corrections, et al., Defendants, Appellees.

Nos. 99-1304, 99-2244.

United States Court of Appeals, First Circuit

November 1, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

Prisoners filed civil rights action against commissioner of corrections, alleging first- and fifth-amendment violations. The District Court for the District of New Hampshire, Steven J. McAuliffe, J., granted summary judgment in favor of commissioner. Prisoners appealed. The Court of Appeals held that proper penological reason supported prison's decision not to deliver bulk-rate catalogs to prisoners.

Affirmed.

Constitutional Law 90.1(1.3)

92 ----

92V Personal, Civil and Political Rights

92k90 Freedom of Speech and of the Press

92k90.1 Particular Expressions and Limitations

92k90.1(1.3) Prison Regulations.

[See headnote text below]

Prisons 4(9)

310 ----

310k4 Regulation and Supervision

310k4(9) Access to Mails for Correspondence.

Proper penological reason supported prison's decision not to deliver to prisoners catalogs mailed bulk rate, and thus prisoners did not show liberty interest grounded in first amendment in civil rights suit against commissioner of prisons. U.S.C.A. Const. Amend. 1.

Appeals from the United States District Court for the District of New Hampshire, Steven J. McAuliffe, U.S. District Judge.

Thomas V. Dufield, on brief pro se.

Darren Starr, Marc Adams and Charles Drenas on brief pro se.

Philip T. McLaughlin, Attorney General, and Nancy J. Smith, Senior Assistant Attorney General, on brief, for appellees.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

PER CURIAM.

In appeal no. 99-2244, appellants Marc Adams, Charles Drenas and Darren Starr appeal from the district court's grant of summary judgment in appellees' favor. In their action under 42 U.S.C. § 1983, appellants complained that, pursuant to a policy limiting bulk mail, appellees were denying them bulk rate catalogs which they had ordered and which were addressed to them without providing notice thereof....