Detroit— A Macomb County inmate is suing Gov. Rick Snyder and the state, claiming he is being subjected to cruel and unusual punishment because jail rules ban pornographic materials.
Kyle Richards, 21, of Fraser filed the five-page handwritten lawsuit June 10 in U.S. District Court in Detroit. He wants a judge to let inmates possess erotic/pornographic materials along with personal televisions, video game consoles and radios.
"Such living conditions have been used as a method of 'psychological warfare' against prisoners, in order to both destroy the morale of inmates and break the spirit of individuals," Richards wrote in a court filing.
The lawsuit is the latest in a growing string of complaints he's filed since last year in federal court.
Federal judges have dismissed at least three of the cases, labeling them frivolous.
That distinction puts Richards in a special class. A federal judge simply can dismiss a case if the court tossed that inmate's previous lawsuits because they were frivolous, malicious or failed to state a claim, U.S. Magistrate Judge R. Steven Whalen wrote in a filing June 20.
For now, Richards' latest suit is pending — though misguided, officials say.
The Governor's Office referred questions to the state Department of Corrections.
State prisons allow inmates to possess pornographic material with a few exceptions. Playboy and Penthouse magazines are allowed, spokesman John Cordell said.
The Macomb County jail, however, does not let inmates possess porn. But Richards did not sue the county.
Richards found few people rallying to his defense Friday.
"Prisons have a lot of leeway to regulate the material that comes in and out," said Kary Moss, executive director of the American Civil Liberties Union in Michigan.
Richards' criminal record includes convictions for assault and battery of a state worker in Livingston County and assault of a prison employee in Washtenaw County.
The lack of pornographic materials behind bars forces Richards to endure "such a poor standard of living, suffering from both sexual and sensory deprivation …" he wrote.
Richards has been in jail since January after being charged with bank robbery and is being held on $500,000 bond. He pleaded guilty Thursday and will be sentenced Aug. 2.
This guy really wants our tax dollars to pay for his porn addiction, wow! Go sit down somewhere Kyle Richards.
***Info. provided by thedetroitnews***
D. Martez
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