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Legal Material Confiscation May Violate First Amendment
Loaded on Jan. 15, 1998
published in Prison Legal News
January, 1998, page 12
The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent a package of legal papers and transcripts by …
Filed under:
Court Access,
Legal Materials,
Qualified Immunity,
Mail Regulations.
Location:
Missouri.
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More from this issue:
- Smoking, Lies and Hypocrisy, by Paul Wright
- Education as Crime Prevention: Providing Education to Prisoners, by Dan Pens
- From the Editor, by Paul Wright
- Judge-Made Law, by Mumia Abu-Jamal
- TCI Breaks 'Inmate Telephone System' Stranglehold, by Dan Pens
- Utah Governor's 'Pal' Dupes Parole Officials
- Motion for Seized Property Subject to PLRA Fee
- Attn: Lawyers in Prison
- Dismissal of Paid Suit Counts as a "Strike"
- Fifth Circuit Upholds PLRA IFP Provisions
- Mailbox Rule Applies to Trust Fund Statement
- Mandamus Appeal Denied as Third Strike
- PLRA Doesn't Apply to Habeas
- Writs of Mandamus Not Subject to PLRA Fees
- AL Jail Enjoined From Holding Prisoners Overnight
- Former Warden Wins Suit Against TDCJ
- Washington 35% Law Struck Down, in Part
- $135,000 Award in Beating Affirmed, Municipal Liability Reversed
- Torture Info Wanted
- News in Brief
- Legal Material Confiscation May Violate First Amendment
- A Matter of Fact
- Alabama Jail Held in Contempt for Crowding
- Dismissal for Derelict Lawyer Reversed, by Arizona prisoner (name withheld)
- New York Work Release Creates Liberty Interest
More from these topics:
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- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026. Court Access, Appeals/Appellate Jurisdiction, Constitutional Challenges/Law, Counsel - Right to, Civil Rights Actions or Offenses/Bivens Actions.
- Texas Prison System Bans Prisoners from Receiving Hardback and Used Books, July 1, 2026. Reading Materials, Legal Materials, Publications/Books, Banned Book Lists, Censorship.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.

