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Constitutional Challenge to Kansas Code of Judicial Conduct Prohibiting Publicly Endorsing Candidate, and Civil Rights Matter

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By FindLaw Staff on June 08, 2010 1:07 PM

Yost v. Stout, No. 09-3099, involved a 42 U.S.C. section 1983 challenge to the "endorsement clause" of the Kansas Code of Judicial Conduct that generally prohibited a judge or judicial candidate from publicly endorsing or opposing another candidate for public office.  The Tenth Circuit dismissed plaintiff's appeal from summary judgment for defendants, holding that the notice of appeal was untimely.

Little v. Jones, No. 08-7095, concerned an action under 42 U.S.C. section 1983 alleging that the Oklahoma Department of Corrections (ODOC) and several employees and officials at a prison violated plaintiff's constitutional rights.  The Tenth Circuit affirmed in part the dismissal of the complaint and the denial of plaintiff's motion for a preliminary injunction, on the grounds that plaintiff conceded in his motion for a preliminary injunction that he received his desired diet at other ODOC facilities, undercutting any potential claim of system-wide denial.  However, the court reversed in part, holding that the prison lacked the authority to reject his appeal for raising more than one issue and thereby prevented him from completing the grievance process.

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