Kyle Richards thinks that the ban on pornography and erotica enforced by the Macomb County Jail—and, to a lesser extent, the absence of video games in individual cells—amounts to "cruel and unusual punishment," and is therefore unconstitutional. Is he right?
Well, not explicitly: the Eighth Amendment doesn't provide many details on how to regulate porn in U.S. jails. But 21-year-old Richards—who's coping with "chronic masturbation syndrome and severe sexual discomfort," and apparently needs porn to treat these medical conditions—wants to explore this legal issue in court. To that end, he's filed a "five-page handwritten lawsuit" in the U.S. Court in Detroit against Gov. Rick Snyder and the state of Michigan, in which he demands that prisoners at the jail (located near Detroit) be allowed to "possess erotic/pornographic materials along with personal televisions, video game consoles and radios."
The civil rights suit is the latest in a growing string of complaints filed by the Fraser man since last year in federal court. Federal judges have dismissed more than 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.
That is some type of cruel and inhumane punishment to deny a grown man porn. What's next - will they take away his toilet paper? Look this guy is in prison which means sex is either with Gonzo two cells over or you jerk yourself off. Why can't the courts figure this one out?
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