CARPENTER v. STATE OF S. D.

No. 75-1939.

536 F.2d 759 (1976)

Gary D. CARPENTER et al., Appellants, v. STATE OF SOUTH DAKOTA et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1976.

Rehearing Denied August 23, 1976.


Attorney(s) appearing for the Case

John W. Gridley, III, Sioux Falls, S. D., filed brief, for appellants.

William J. Janklow, Atty. Gen., and Peter H. Lieberman, Asst. Atty. Gen., Pierre, S. D., for appellees.

Before LAY, STEPHENSON and WEBSTER, Circuit Judges.


STEPHENSON, Circuit Judge.

Three inmates of the South Dakota Penitentiary appeal from the district court's dismissal of their petition seeking damages and equitable relief.1 Petitioners challenge the prison censorship board's ban on the receipt by prisoners of mail containing sexually explicit material.2

The district court dismissed the petition as frivolous...

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