No. 24-6110

Askari Danso MS Lumumba, fka Dale Lee Pughsley v. Jeffrey Kiser

Lower Court: Fourth Circuit
Docketed: 2024-12-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: first-amendment fourth-circuit inmate-correspondence overbreadth prison-regulation turner-balancing
Key Terms:
FirstAmendment DueProcess HabeasCorpus
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the Fourth Circuit erred in applying Turner v. Safley balancing test to a First Amendment overbreadth challenge involving prison regulation of inmate correspondence

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Circuit erred by holding, in conflict with this Court’s decision in United States v. Stevens, 559 U.S. 460 (2010), that a prison regulation was not overbroad because facially expansive terms could be narrowed by reference to “context.” 2. Whether the Fourth Circuit erred by holding, in conflict with other Circuits, that prison regulation of outbound inmate correspondence is governed by the extremely deferential balancing test of Turner v. Safley, 482 U.S. 78 (1987), rather than the more speech-protective standard this Court adopted in Procunier v. Martinez, 416 U.S. 396 (1974). 3. Whether the Fourth Circuit erred by applying Turner balancing to a First Amendment overbreadth claim. 1

Docket Entries

2025-02-24
Petition DENIED.
2025-01-23
DISTRIBUTED for Conference of 2/21/2025.
2024-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2025)

Attorneys

Askari Lumumba
J. Scott BallengerAppellate Litigation Clinic, Petitioner
J. Scott BallengerAppellate Litigation Clinic, Petitioner