Houghton v. Shafer

Petitioner, a Pennsylvania state prisoner, brought this action in the District Court claiming that prison authorities had violated § 1 of the Civil Rights Act of 1871 by confiscating legal materials which petitioner had acquired for pursuing his appeal but which, in alleged violation of prison rules, were in another prisoner's possession. The District Court dismissed petitioner's complaint on the ground that petitioner had not exhausted certain state administrative remedies.

Held: It was not necessary for petitioner to resort to these state remedies in light of this Court's decisions in Monroe v. Pape, 365 U.S. 167, 180-183, and other cases.

Certiorari granted; 379 F. 2d 556, reversed and remanded.

William C. Sennett, Attorney General of Pennsylvania, Frank P. Lawley, Jr., Deputy Attorney General, and Edward Friedman, for respondents.

PER CURIAM.