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Sheriff’s Motion to Dismiss Denied in Florida Jail’s “Postcard Only” Mail Policy Suit
A Florida federal district court has denied a sheriff’s motion to dismiss a pretrial detainee’s civil rights action that challenged a “postcard” only correspondence form.
Marcie Hamilton, a prisoner in the Santa Rosa County Jail, filed a complaint after exhausting administrative remedies that challenged a recently implemented policy that requires all outgoing mail, except legal and other privileged correspondence, to be in postcard form. The complaint stated that this policy constituted a deprivation of Hamilton’s First Amendment rights by inhibiting her ability to communicate with those outside the jail. Sheriff Wendell Hall filed a motion to dismiss.
On June 17, 2011 the court ruled that the sheriff’s motion to dismiss should be denied as Hamilton alleged that the policy inhibits her ability to communicate. See: Hamilton v. Hall, Case No. 3:10cv355/MCR/EMT (N.D. FLA 2011).
Marcie Hamilton, a prisoner in the Santa Rosa County Jail, filed a complaint after exhausting administrative remedies that challenged a recently implemented policy that requires all outgoing mail, except legal and other privileged correspondence, to be in postcard form. The complaint stated that this policy constituted a deprivation of Hamilton’s First Amendment rights by inhibiting her ability to communicate with those outside the jail. Sheriff Wendell Hall filed a motion to dismiss.
On June 17, 2011 the court ruled that the sheriff’s motion to dismiss should be denied as Hamilton alleged that the policy inhibits her ability to communicate. See: Hamilton v. Hall, Case No. 3:10cv355/MCR/EMT (N.D. FLA 2011).
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Related legal case
Hamilton v. Hall
| Year | 2011 |
|---|---|
| Cite | Case No. 3:10cv355/MCR/EMT (N.D. FLA 2011) |
| Level | District Court |
| Injunction Status | N/A |