Post Card Only Claim Dismissed for Sparse Allegations of Fact
Post Card Only Claim Dismissed for Sparse Allegations of Fact
A Georgia federal district court dismissed pre-trial detainees’ claims against policies at the Gwinnett County Jail relating to a “Post-card only” mail policy.
The court’s order came at the initial screening required by 28 U.S.C. §1915 A. The original complaint was dismissed without prejudice to refile an amended complaint. In the second complaint, pre-trial detainee Michael A. Barr contended it is jail “policy to restrict letters. Only postcards can be sent.”
The court found the “sparse” allegations were inadequate to state a viable claim. The allegation that only postcards “Can be sent” regardless of whether that means sent by detainees (outgoing mail) or sent to detainees (incoming mail) was found to be frivolous.
The court noted this was not mentioned in the original complaint and all correspondence Barr has sent to the court has been a regular sized paper and in an envelope. The claim was dismissed.
See: Barr v. Gwinnett County, Case No. 1:12-CV-2006 (USDC, N.D. Ga., 2012).
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Related legal case
Barr v. Gwinnett County
| Year | 2012 |
|---|---|
| Cite | Case No. 1:12-CV-2006 (USDC, N.D. Ga., 2012) |
| Level | District Court |
| Conclusion | Bench Verdict |