Sanders
Sanders v. Johnston
Opinion
Dissenting Opinion
Denman, J.
(dissenting).
I think the judgment in this case should be reversed. The court’s disposition invites another petition for the writ in a district court in which in the fiscal year 1946 seventy-two of such petitions were filed— that is 14 for each of the five overburdened district judges.
As stated in Holiday v. Johnston, 313 U.S. 342, 350 , 61 S.Ct. 1015, 1017 , 85 L.Ed. 1392 , “A petition for [a writ of] habeas corpus ought not to be scrutinized with technical nicety. Even if it is insufficient in substance it may be amended in the interest of justice.” (Emphasis supplied.)
The allegation of the petition below may properly be construed to the effect that the petitioner’s letter to his attorney is with respect to the pending litigation alleged in his petition. There is no presumption that such a letter contains material which “may *76 have involved a gross breach of prison discipline.” That is a matter for a defensive answer. In any event, under the statement of Holiday v. Johnston, supra, amendment should be allowed if the attempt to connect the letter pleaded with the litigation pleaded “Is insufficient in substance.”
Indeed, this being an appeal in a proceeding in equity,…
Lead Opinion
Healy, J.
Appellant, an inmate of Alcatraz prison, sued to enjoin the warden from interfering with his use of the mails to write his attorney. The warden moved for a dismissal for failure of the bill to state facts entitling the complainant to relief. The appeal is from a judgment of dismissal responsive to the motion.
The pleading alleged that complainant has certain actions pending in the District of Columbia and in Georgia in which he is represented by one Laughlin, a member of the bar. On December 5, 1945, he placed a letter in the regular mail depository addressed to Laughlin, and the letter was returned by the warden with a notice that all of complainant’s mailing privileges were suspended. In an amendment it was alleged that on December 13, 1945, complainant was notified that his mailing rights had been restored, but that four days later another letter to Laughlin was rejected and returned by the warden. Neither letter is set out in the complaint nor is the nature or substance thereof stated.