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Second Circuit: Prisoners Have the Right Not to Snitch
Loaded on Jan. 8, 2019
by Christopher Zoukis
published in Prison Legal News
January, 2019, page 40
Filed under:
Protective Custody,
First Amendment, rights.
Locations:
New York,
United States of America.
by Christopher Zoukis
The U.S. Court of Appeals for the Second Circuit has held that the First Amendment protects both a prisoner’s right not to snitch and his or her right not to provide false information to prison officials. The May 9, 2018 opinion established new precedent in …
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More from this issue:
- News in Brief
- Metropolitan Detention Center Guards Convicted in Sex Abuse Scandal, by Monte McCoin
- Tennessee Sheriff, Captain Arrested for Improper Use of Prisoner Labor, by Kevin Bliss
- Aging Prison Population Finds Parole Elusive, by Matthew Clarke
- Former Guard Who Scalded Florida Prisoner to Death Hired, Fired by Police Department, by David Reutter
- Illinois Ends Medical Co-Pays for Prisoners, But DOC Healthcare Criticized, by Derek Gilna
- Illinois Federal Jury Awards Prisoner $252,100 for Beating and Denial of Medical Care, by Edward Lyon
- Prisoners Face Retaliation for Raising Concerns About Criminal Justice System, by Edward Lyon
- $1 Million Award for Two Women Sexually Assaulted by Florida Jail Guard
- Florida Prisoner’s Suit Proceeds Against Guards for Use of Force, Retaliation, by Dale Chappell
- Vera Institute Announces Increase in Federal Funding to House Former Prisoners, by Derek Gilna
- Prisoner Loses Suit Against Jail Officials for Disclosure of His Medical Condition, by Edward Lyon
- New Mexico DOC Guards Receive $2.5 Million Settlement for Sexual Harassment, by Derek Gilna
- Maine Constitution Mandates “Prisoner Mailbox Rule”, by Mark Wilson
- DOJ Launches Investigation into Abuse at Florida Women’s Prison
- Washington State Prisoners Protest Poor Food, by Edward Lyon
- Class-Action Suit Against CoreCivic ICE Detention Center Allowed to Proceed, by Christopher Zoukis
- Audit Criticizes Milwaukee County Jail’s Contracted Medical Services, by Derek Gilna
- Colorado County Pays $800,000 for Latest Excessive Force Settlement, by Derek Gilna
- Harvard Student Group Advocates for Prison Education, Reform, by Monte McCoin
- Shareholder Resolutions Would Stop Private Prison Firms from Housing Separated Immigrant Families
- Trump Establishes Federal Interagency Council on Crime Prevention and Improving Reentry, by Monte McCoin
- $5 Million Settlement in Lawsuit Over Preventable Death of New Mexico Jail Prisoner, by Matthew Clarke
- Seventh Circuit: Illinois Prisoner Entitled to Retrial After Appointment of Counsel Denied, by Derek Gilna
- Second Circuit: Prisoners Have the Right Not to Snitch, by Christopher Zoukis
- New York Prisoner Entitled to Vegetarian, Dairy Tolerant, Kosher Diet Under RLUIPA
- Book Seller Sued for Defrauding Federal Prisons
- Virginia DOC Called Out for Use of Solitary Confinement, by Kevin Bliss
- First Step Act Passes – Includes Federal Sentencing, Prison Reforms, by Steve Horn
- Guards Face Federal Charges for Smuggling Drugs, Cell Phones Into Idaho Prisons, by Dale Chappell
- Alabama Sheriff Pockets Excess Jail Food Funds, Buys Beach House, Loses Re-election Bid, by Kevin Bliss
- Report Highlights Shortcomings of New York’s Parole Board, by Christopher Zoukis
- $3.279 Million in Costs and Fees Awarded in Wrongful Death Suit Involving Epileptic Prisoner, by R. Bailey
- Settlement in HRDC Suit Against Solitary Confinement of Juveniles at Florida Jail
- Thurgood Marshall, Jr.’s Controversial Position on Board of Private Prison Firm, by Steve Horn
- Ohio County Jail Faces Increased Liability Due to Numerous Lawsuits, by Edward Lyon
- Seventh Circuit Remands Lawsuit Over Book Confiscation at Cook County Jail, by Derek Gilna
- Alaskan Native American Company Profits from Immigrant Detention, by Christopher Zoukis
- Connecticut Passes Law to Protect Women, Transgender Prisoners, by Dale Chappell
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- From the Editor, by Paul Wright
- Seventh Circuit Vacates ADA Summary Judgment Against Cook County Sheriff, by Derek Gilna
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More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- HRDC Wins Injunction Against Minnesota DOC Policy Banning Its Publications, Sept. 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026. Sovereign Immunity, Religious Practices, Religious Property, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- HRDC Wins Injunction to Halt New Mexico Prison Censorship, July 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Wisconsin Bans Recording of Prison Phone Calls with Journalists, July 1, 2026. Access to Media, Censorship, First Amendment, First Amendment, rights, Recorded Calls.
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026. Denial of Religious Services, Religious Practices, First Amendment, rights, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026. Publications/Books, Mail Regulations, Censorship, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- ICE Settles Suit Over Opening Detainees’ Legal Mail, April 1, 2026. Legal Mail, Attorney Visits, First Amendment, rights, Immigration Detention, Attorney/Client.
- SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction, April 1, 2026. Injunctions, First Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Prohibitions Against Protests, Protected Speech.
- Mail Went Digital in Alabama Prisons. Families Are Saying Their Mail Isn’t Being Delivered, March 1, 2026. Mail Regulations, Legal Mail, First Amendment, rights, Access To Courts, Access to Computers.

