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Wisconsin Prisoner's Interference-With-Mail Suit Mooted by Policy Change
William West, a Wisconsin state prisoner, sued guards in federal district
court for denying him mail containing downloaded internet material about
Hepatitis C. He complained that the policy under which his mail was
rejected Doc 309 IMP 1, which disallowed prisoner possession of material
downloaded from the internet, violated his right to receive mail from
outside the prison pursuant to the 1st Amendment to the U.S. Constitution.
He sought declaratory and injunctive relief, as well as monetary damages.
Between the rejection of West's mail and summary judgment proceedings in
this case, Doc 309 IMP 1 was amended to allow prisoners to have material
downloaded from the internet.
On summary judgment, the Court found that the policy violated West's 1st
Amendment rights, but because those rights were not clearly established at
the time, the guards were entitled to qualified immunity regarding the
claims for money damages. The Court next found that the claims for
declaratory and injunctive relief were moot because the policy change
allowed West to have downloaded internet material in the future. The case
was then dismissed. See: West v. Frank, U.S. District Court for the Western
District of Wisconsin, No. 04-c-173-c (2005).
court for denying him mail containing downloaded internet material about
Hepatitis C. He complained that the policy under which his mail was
rejected Doc 309 IMP 1, which disallowed prisoner possession of material
downloaded from the internet, violated his right to receive mail from
outside the prison pursuant to the 1st Amendment to the U.S. Constitution.
He sought declaratory and injunctive relief, as well as monetary damages.
Between the rejection of West's mail and summary judgment proceedings in
this case, Doc 309 IMP 1 was amended to allow prisoners to have material
downloaded from the internet.
On summary judgment, the Court found that the policy violated West's 1st
Amendment rights, but because those rights were not clearly established at
the time, the guards were entitled to qualified immunity regarding the
claims for money damages. The Court next found that the claims for
declaratory and injunctive relief were moot because the policy change
allowed West to have downloaded internet material in the future. The case
was then dismissed. See: West v. Frank, U.S. District Court for the Western
District of Wisconsin, No. 04-c-173-c (2005).
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Related legal case
West v. Frank
| Year | 2005 |
|---|---|
| Cite | U.S. District Court for the Western District of Wi |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |