Wolf v. New Mexico Department of Corrections
1:23-cv-01120
| D.N.M. | May 22, 2024Background
- Plaintiff Robert R. Wolf, an incarcerated individual, brought a pro se civil rights complaint under 42 U.S.C. § 1983, proceeding in forma pauperis.
- Wolf alleges that in 2022 and 2023, he ordered legal publications (including books about the Prisoner Litigation Reform Act and Prison Legal News, as well as paralegal materials) to assist with legal work.
- Prison officials initially approved these orders and, in at least one case, deducted funds from Wolf's account.
- Upon arrival, prison officials rejected the materials and issued formal rejection notices without clear justification.
- Wolf claims these rejections violated his First Amendment right to access information; he seeks damages from the individual prison officials and the New Mexico Corrections Department (NMCD).
- On sua sponte review under 28 U.S.C. § 1915(e), the court dismissed claims against NMCD, but allowed claims to proceed against five named prison officials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Book and publication rejection under First Amendment | Wolf: Book rejection violates right to access information | Not stated (initial pleadings) | Claims against individual officials survive initial review |
| Proper defendants under § 1983 | Wolf: All parties liable | NMCD: Not a suable "person" | NMCD dismissed; only individuals can be liable under § 1983 |
| Personal involvement of individual defendants | Wolf: Each named official involved | Not stated (initial pleadings) | Sufficient allegations; claims proceed against named officials |
| Service of process requirements for defendants | N/A | N/A | Notice and waiver of service forms to be sent to defendants |
Key Cases Cited
- Jacklovich v. Simmons, 392 F.3d 420 (10th Cir. 2004) (ban on inmate receiving Prison Legal News may be unconstitutional)
- Trask v. Franco, 446 F.3d 1036 (10th Cir. 1998) (each official must be personally involved in alleged constitutional violation for § 1983 liability)
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (Martinez reports may be used to clarify legal/factual bases for prisoner claims)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (state agencies are not "persons" under § 1983)