HERLEIN v. HIGGINS

No. 98-2271.

172 F.3d 1089 (1999)

Michael Jon HERLEIN, Appellee, v. Charles HIGGINS, MPCF Deputy Superintendent; Andrea Wright, MPCF Grievance Officer; and David Bell, MPCF Correctional Counselor, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1999.


Attorney(s) appearing for the Case

Patrick Ingram, Iowa City, IA, argued, for Appellee.

Layne M. Lindebak, Des Moines, IA, argued, for Appellants.

Before WOLLMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

Michael Jon Herlein, formerly an inmate at the Mount Pleasant Correctional Facility (MPCF), sued three MPCF officials, challenging on First Amendment grounds the prison's ban on the possession of music cassettes bearing the warning "parental advisory—explicit lyrics." The trial court denied an injunction but granted declaratory relief and awarded nominal damages to Mr. Herlein. The defendants appeal, and we reverse.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases