A federal appeals court said Monday that an Arizona inmate’s lawsuit can proceed against corrections officials who confiscated his hip-hop CDs and Nation of Islam books as banned materials.
The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals reverses a district court ruling that had tossed out Edward Lee Jones Jr.’s claim that the confiscations violated his rights to free speech and worship.
The appeals court said the state has a “legitimate interest” in keeping some material out of inmates’ hands for security reasons. But it said the lower court failed to determine whether that limit is being applied evenly to all inmates by Arizona corrections officials, and the degree to which their actions infringed on Jones’ ability to worship.
Source: Court says inmate can sue over confiscation of music, religious texts