Stephen Dutcher v. William French Smith, Attorney General of the United States

Stephen Dutcher appeals from an order of the district court dismissing with prejudice his complaint for declaratory and in-junctive relief because he failed to exhaust his administrative remedies. Dutcher, an inmate at the Lompoc Federal Correctional Institute, .claimed that prison officials abridged his First Amendment rights by preventing him from publishing certain articles and cartoons in the prison newspaper “Doing Time News.” Since it appears from the record that Dutcher exhausted every administrative remedy reasonably available to him, we hold that the district court erred in dismissing his complaint and remand the matter for further proceedings.

693 F.2d —

The pertinent facts may be summarized as follows. Dutcher was appointed editor of “Doing Time News” in January 1980. Beginning in March of that year, Dutcher was told by several prison officials that certain articles and cartoons were “in poor taste” and could not be published. In accordance with prison regulations, Dutcher filed a Request for Administrative Remedy on March 27, 1980. The warden responded to Duteher’s request on April 11, 1980, denying relief generally but inviting Dutcher to file individual…