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Homosexual Literature Allowed on Death Row

On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom at the prison unit where he was housed. The books in question were confiscated because they promoted male homosexual activity, which violates DOC regulations.

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.

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Related legal case

Brooks v. Stalder