Killer Spared By Commutation Presses Lawsuit
DOVER, Del. (AP) - Former Delaware death row inmate Robert Gattis says a federal lawsuit he filed against prison officials is still active.
Gov. Jack Markell commuted Gattis' death sentence to life without parole in January. In return, Gattis agreed to waive further legal challenges related to his murder conviction.
State attorneys say Gattis also agreed in return for commutation not to challenge any aspect of his current confinement, so the claims in his 2008 lawsuit are waived or moot.
But Gattis said in court papers this week that his commutation does not affect his claim that prison officials violated his constitutional rights by returning a Playboy magazine he had ordered from a book store.
Gattis did concede that other claims in lawsuit are now moot because he is no longer on death row.
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