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$100.00 Settlement In WA Mail Censorship Suit
In 1999 Jeffrey M. Dehut a prisoner at the Airway Heights Correctional
Center (AHCC), in Washington State had a "holy bible lesson plan and
sermon on tape," rejected from the AHCC mail room because it was not
purchased byhim. Dehut appealed the decision to deny the materials to the
mail room, superintendent and the Administrative Program Manager, Cly
Evans. Dehut reminded Mr. Evans that the court decided in Crofton v. Roe,
170 F.3d 957 (9th Cir. 1999), that this type of censorship was
unconstitutional. The mailroom claimed that they didn't have his tapesand
that he should speak to the chaplain, the chaplain informed Dehut that he
had not heard of the incident at all. Evans' response to Dehut's appeal
was a summary dismissal, stating that Dehut couldn't even show that he had
any tapes rejected and if he did where was the rejection sheet or
rejection number. Evans didn't even bother to look at the fact that a copy
of the rejection was sent with the appeal that he was responding to. After
filing a tort Dehut was instructed to mail out his contraband and they
closed the claim. Dehut then filed a law suit against the Washington State
Department of Corrections (DOC), and Cly Evans for violating his right to
due process and his First Amendment Right to free speech. The DOC settled
the case in 2000 for one hundred dollars. See: Dehut v. Evans, Spokane
County Superior Court, Case No. 99-2-07359-7.
Center (AHCC), in Washington State had a "holy bible lesson plan and
sermon on tape," rejected from the AHCC mail room because it was not
purchased byhim. Dehut appealed the decision to deny the materials to the
mail room, superintendent and the Administrative Program Manager, Cly
Evans. Dehut reminded Mr. Evans that the court decided in Crofton v. Roe,
170 F.3d 957 (9th Cir. 1999), that this type of censorship was
unconstitutional. The mailroom claimed that they didn't have his tapesand
that he should speak to the chaplain, the chaplain informed Dehut that he
had not heard of the incident at all. Evans' response to Dehut's appeal
was a summary dismissal, stating that Dehut couldn't even show that he had
any tapes rejected and if he did where was the rejection sheet or
rejection number. Evans didn't even bother to look at the fact that a copy
of the rejection was sent with the appeal that he was responding to. After
filing a tort Dehut was instructed to mail out his contraband and they
closed the claim. Dehut then filed a law suit against the Washington State
Department of Corrections (DOC), and Cly Evans for violating his right to
due process and his First Amendment Right to free speech. The DOC settled
the case in 2000 for one hundred dollars. See: Dehut v. Evans, Spokane
County Superior Court, Case No. 99-2-07359-7.
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Related legal case
Dehut v. Evans
| Year | 2000 |
|---|---|
| Cite | Spokane County Superior Court, Case No. 99-2-07359 |
| Level | State Trial Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 100 |
| Injunction Status | N/A |
no case text