MANN v. SMITH

No. 84-1985.

796 F.2d 79 (1986)

Stewart M. MANN, Plaintiff-Appellant, v. Dallas SMITH, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 4, 1986.


Attorney(s) appearing for the Case

Stewart M. Mann pro se.

Patrick C. Appel, Baker & Botts, William J. Dyer, Houston, Tex., (Court Appointed — Not under Act), for plaintiff-appellant.

Mark H. Dettman, Midland, Tex., for defendants-appellees.

Before GEE and HIGGINBOTHAM, Circuit Judges, and HARVEY, Senior District Judge.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

A pretrial detainee at a county jail was subjected to a general rule under which inmates were forbidden to receive newspapers and magazines. The proffered justification for this rule was a desire to reduce the threat of fires and clogged toilets. In view of the jail's policy of allowing inmates to possess other material that was flammable and capable of being used to interfere with the plumbing, we hold that the rule is too...

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