Robert O. McDonnell v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional Complex

Eighth Circuit

Robert O. McDonnell v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional Complex

519 F.2d 1030, 1975 U.S. App. LEXIS 14146

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 18, 1975

Docket75-1146

StatusPublished

This text of 519 F.2d 1030 (Robert O. McDonnell v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional Complex) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robert O. McDonnell v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional Complex, 519 F.2d 1030, 1975 U.S. App. LEXIS 14146 (8th Cir. 1975).

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Opinion

PER CURIAM.

Robert O. McDonnell, an inmate of the Nebraska Penal and Correctional Complex, appeals from an order of the United States District Court for the District of Nebraska, dismissing his civil rights action seeking damages for the confiscation by prison authorities of a number of copies of Penal Digest International and Prison Law Reporter.

We affirm the dismissal of this de minimis matter. In our view, the District Court properly held that the prison authorities acted in good faith in reliance upon their view of existing law in seizing the magazines. Since prospective relief was not sought or required because the prison had amended its regulations to allow the receipt of the publications, the good faith defense barred relief. Moreover, there is nothing in the record to suggest that McDonnell suffered any prejudice by being deprived of the use of the magazines in question.

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PER CURIAM.

Robert O. McDonnell, an inmate of the Nebraska Penal and Correctional Complex, appeals from an order of the United States District Court for the District of Nebraska, dismissing his civil rights action seeking damages for the confiscation by prison authorities of a number of copies of Penal Digest International and Prison Law Reporter.

We affirm the dismissal of this de minimis matter. In our view, the District Court properly held that the prison authorities acted in good faith in reliance upon their view of existing law in seizing the magazines. Since prospective relief was not sought or required because the prison had amended its regulations to allow the receipt of the publications, the good faith defense barred relief. Moreover, there is nothing in the record to suggest that McDonnell suffered any prejudice by being deprived of the use of the magazines in question.

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Bluebook (online)

519 F.2d 1030, 1975 U.S. App. LEXIS 14146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-o-mcdonnell-v-charles-l-wolff-jr-warden-nebraska-penal-and-ca8-1975.