PITTMAN v. HUTTO

No. 78-1183.

594 F.2d 407 (1979)

James E. PITTMAN, Jr. and Robert A. Bailey, Appellants, v. Terrell Don HUTTO, Individually and in his official capacity as Director of the Department of Corrections, and when qualified, his successors and assigns, and Richard A. Young, Individually and in his official capacity as Warden of the Virginia State Penitentiary, and when qualified, his successors and assigns, and Sue L. Kennedy, Individually and in her official capacity as Assistant Superintendent of the Virginia State Penitentiary, and when qualified, her successors and assigns, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1979.


Attorney(s) appearing for the Case

Stephen W. Bricker, Richmond, Va., American Civil Liberties Union of Virginia (Michael S. Shelton, Cohen, Abeloff & Staples, P. C., Richmond, Va., on brief), for appellants.

Burnett Miller, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.


WINTER, Circuit Judge:

Plaintiffs, who are inmates of the Virginia State Penitentiary and editors of a prison magazine distributed free to inmates and by paid subscription to others, sued under 42 U.S.C. § 1983 for declaratory and injunctive relief to redress the prison officials' denial of approval for publication of the November-December 1977 issue of the magazine. The district court denied relief, and we affirm.

I.

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