In 1981, William E. Martin, an inmate at the Southern Ohio Correctional Facility filed a Section 1983 suit, pro se, in the Southern District of Ohio against officials of the facility. Plaintiff's complaint raised First and Fourteenth Amendment challenges concerning censorship of incoming prisoner mail. At some point private counsel agreed to represent the plaintiff.

The District Court (Judge Spiegel) held that plaintiff had failed to state a claim under the Eighth Amendment and permitted plaintiff to file an amended complaint. The matter was referred to a magistrate judge who recommended that summary judgment be granted to defendants on each of the claims. Judge Spiegel adopted the magistrate judge's recommendation and granted defendants' motion for summary judgment. Plaintiff appealed arguing that the Ohio Administrative Code, which allowed prison officials to censor mail, was unconstitutional on its face.

The Court of Appeals reversed and remanded. The Sixth Circuit (Judge Contie) held the regulation violated due process because it did not provide inmates the option to appeal to a third party prior to the letter being returned to sender. Martin v. Kelley, 803 F.2d 236 (6th Cir. 1986).

The PACER docket states that the proceedings for this case are not available and that the case was terminated on April 24, 1990.

Eoghan Keenan - 07/15/2005


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