HARRIS v. EVANS

No. 89-8589.

20 F.3d 1118 (1994)

Phillip Wayne HARRIS, Plaintiff-Appellee, v. David EVANS, Commissioner, Lanson Newsome, Deputy Commissioner, A.G. Thomas, Warden, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 17, 1994.


Attorney(s) appearing for the Case

Terry L. Long, Office of State Atty. Gen., William B. Hill, Daryl A. Robinson, Atlanta, GA, for defendants-appellants.

James G. Middlebrooks, Smith, Helms, Mullis & Moore, Charlotte, NC, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges, and CLARK, Senior Circuit Judge.


BIRCH, Circuit Judge:

In this appeal, we must decide whether an inmate has standing to assert the First Amendment rights of prison guards relative to a prison policy prohibiting its employees from communicating directly with the parole board on behalf of prisoners. Because we find that the prisoner does not have standing, we reverse and remand to the district court for dismissal based on lack of jurisdiction.

I. BACKGROUND

The appellee, Phillip Wayne...

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