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Judge Rejects Magistrate’s Report and Recommendation on Publications Ban

Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy.

Ted Marcum sued the Butler County Sheriff and other Butler County officials over a policy prohibiting the receipt of “publications, magazines, tabloids, and newspapers” by prisoners at the Resolutions Jail and Hanover Street Jail. A magistrate judge recommended summary judgment for jail officials on the claim, finding the “no publications” ban “content-neutral.”

Marcum objected the magistrate judge’s report and recommendation. The district court sustained Marcum’s objections, finding that the jail had not demonstrated that its “no publications” policy was “reasonably related to legitimate penological objectives.” “[The] defendants have offered only broad, conclusory statements in support of their position that the ban promotes the safety or orderly administration of the jails,” the court wrote.

See: Marcum v. Jones, 2010 WL 3001780 (S.D.Ohio).

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Related legal case

Marcum v. Jones