BY THE COURT
Under K.A.R. 44-15-101a(d)(2), inmates may not use the
grievance procedure to challenge the censorship of
Because the grievance procedure is not an available
administrative remedy for an inmate challenging the
censorship of a publication, filing a grievance does not toll
the time to file a K.S.A. 60-1501 petition.
from Reno District Court; Joseph L. McCarville III, judge.
Shannon S. Crane, of Hutchinson, for appellant.
Graves, legal counsel, Kansas Department of Corrections, for
Buser, P.J., Pierron and Bruns, JJ.
Peterson is an inmate at Hutchinson Correctional Facility
(HCF). HCF withheld several editions of a newspaper he had
subscribed to, and he appealed the seizure of two of the
seized editions. The Secretary of Corrections' designee
affirmed the seizures. Peterson later filed a K.S.A. 2017
Supp. 60-1501 challenging the seizures. The district court
summarily dismissed the petition because it was not timely
filed. Peterson appeals. Finding no error, we affirm.
2017, the publication review officer at HCF withheld the May
through November editions of a newspaper Peterson had
subscribed to. The newspaper's content was found to pose
a threat to the safety and security of the facility under
K.A.R. 44-12-601 (2017 Supp.). Peterson appealed the seizure
of the June edition, and the Secretary's designee
affirmed the review officer's decision on July 31, 2017.
Peterson also appealed the seizure of the October edition,
and the Secretary's designee again affirmed the review
officer's decision on December 6, 2017. He did not appeal
the seizures of the other editions.
then filed an inmate grievance on December 12, 2017. He
complained about "the practices of the HCF
mailroom" and claimed "the practice and policy to
censor this newspaper is explicitly raced-based." The
grievance was denied, stating that under Internal Management
Policies and Procedures (IMPP) 12-134, all incoming mail
would be reviewed and someone would determine whether to
allow it into the facility. Peterson forwarded the grievance
to the warden. On December 18, 2017, the warden responded
that K.A.R. 44-15-101a(d)(2) does not permit inmates to use
the grievance procedure in place of, or as part of, the
procedure for censoring publications.
then filed a K.S.A. 2017 Supp. 60-1501 petition in the
district court on January 16, 2018. He argued the Kansas
Department of Corrections (KDOC) was not properly applying
K.A.R. 44-12-601 (2017 Supp.), and its policies for the
censorship of mail violated his First Amendment right to
receive mail. The court summarily denied his petition. The
court found Peterson had exhausted his administrative
remedies for the seizures of the June and October editions,
and his K.S.A. 2017 ...