×
You have 2 more free articles available this month. Subscribe today.
Homosexual Literature Allowed on Death Row
In determining the "reasonableness" of the regulation in this regard, the court relied on Turner v. Safley, 482 U.S. 78, 107 S. Ct. 2254 (1987). In light of the fact that Brooks had no contact with other prisoners, the court concluded the regulation was unreasonable as applied in this case.
In a Settlement Agreement signed on May 5, 2003, the DOC agreed to deliver all future publications to Brooks without unnecessary delay as long as Brooks was housed by himself. Within months of the signing of the agreement, Brooks was forced to file a Notice of Non-Compliance with the court. On January 28, 2004, the court issued its order enforcing compliance with the settlement agreement signed in May, 2005, as written.
Furthermore, Brooks was granted reimbursement for any costs and fees he incurred. See: Brooks v. Stalder, et al., U.S.D.C., M.D.-LA., No. 98-396-C-l; 00-0953-A-M3.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Brooks v. Stalder
Year | 2003 |
---|---|
Cite | U.S.D.C., M.D.-LA., No. 98-396-C-l; 00-0953-A-M3 |
Conclusion | Settlement |
Injunction Status | N/A |