Henry Leonard v. State of Louisiana, et al, No. 10-30982 (5th Cir. 2011)

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Case: 10-30982 Document: 00511661708 Page: 1 Date Filed: 11/10/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED November 10, 2011 No. 10-30982 Lyle W. Cayce Clerk HENRY LEONARD, Plaintiff - Appellee v. STATE OF LOUISIANA, on behalf of Department of Public Safety and Corrections; RICHARD STALDER, individually and in his official capacity as Secretary of the Department of Corrections & Public Safety; VENETIA MICHAEL, individually and in her official capacity as Warden of David Wade Correctional Center; JACKIE HAMIL, individually and in his official capacity as a correctional officer at David Wade Correctional Center, Defendants - Appellants Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:07-CV-813 Before REAVLEY, GARZA, and GRAVES, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the following reason: The Final Call is objectionable to the prison officials only because it regularly includes The Muslim Program. We agree with the district court that * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 10-30982 Document: 00511661708 Page: 2 Date Filed: 11/10/2011 No. 10-30982 banning the entire newspaper is not justified for that reason. While we do not agree that The Muslim Program is free of racially inflammatory language, the record here does not justify this order under circumstances where an objectionable page could be deleted and where this page has been included in all prior issues of the newspaper and is and always has been available to appellee. AFFIRMED. 2

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