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LeVIER v. NELSON

No. 71,804

21 Kan. App. 2d 172 (1995)

JAMES TUCKER LeVIER, Appellee, v. MICHAEL A. NELSON, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed June 16, 1995.

Attorney(s) appearing for the Case

Julie L. Riddle and Lou Allen, special assistant attorneys general, for appellants.

Steven C. Sherwood, of El Dorado Correctional Facility, of El Dorado, for appellee.

Before ROYSE, P.J., PIERRON, J., and ROBERT J. SCHMISSEUR, District Judge, assigned.

SCHMISSEUR, J.:

James Tucker LeVier, an inmate of the El Dorado Correctional Facility (EDCF), brought an action under 42 U.S.C. § 1983 (1988), alleging that EDCF had violated his First Amendment rights by prohibiting him from receiving a photograph of his seminude ex-wife. The district court found that EDCF's regulation prohibiting such photographs was unconstitutionally overbroad and ordered EDCF to modify the...

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