HRDC Sues Colorado Jail for Prohibiting Dozens of Magazines and Books
by Robert Haughn
On March 31, 2026, the Human Right Defense Center (HRDC), nonprofit publisher of PLN and Criminal Legal News (CLN), filed suit in the U.S. District Court of Colorado against the Weld County Jail (WCJ) in Greeley, Colorado, Sheriff Steven Reams, Undersheriff Donnie Patch, Captain Marcy Roles-Foos and various other employees of WCJ, claiming the facility’s process of returning and censoring books and magazines sent by HRDC violates their First and Fourteenth rights under the constitution affecting their delivery of materials to inmates at the WCJ.
Between August 2025 and March 17, 2026, HRDC attempted to send copies of its two monthly publications, Prison Legal News and Criminal Legal News, along with various other legal and educational books, informational brochures and correspondence to inmates confined at the WCJ. The WCJ returned 114 of these items, including 40 issues of PLN, 43 issues of CLN, 14 copies of Prisoners’ Handbook, three copies of Protecting Your Health and Safety, 13 info packs and one follow-up letter. Most of these items were labelled “RETURN REJECTED MAIL,” “RETURN TO SENDER,” and “Unauthorized Package.”
The WCJ’s mail policy lists “newspapers, magazines and books” as items that would not be accepted in the mail due to “security reasons.” Some of the materials returned to HRDC were returned with paper slips indicating that they were “Books” or “Newspaper/Magazine clippings—Internet articles/material.”
HRDC alleges in the complaint that the WCJ’s policies violate their right to free speech under the First Amendment, claiming that none of the content violates the jail’s mail policy. HRDC claims that the jail does not have any “non-stated penological interest” in banning HRDC’s materials, which is a requirement for the policy to withstand First Amendment scrutiny. HRDC also claims the WCJ violated their Fourteenth Amendment right to due process by failing to give notice or opportunity to appeal the censorship. Additionally, HRDC alleges that the WCJ violated Article II, Section 10 of the Colorado Constitution, which states that “no law shall be passed impairing the freedom of speech.”
In the complaint, HRDC claims that is has suffered damages including “the suppression of HRDC’s speech; the impediment of HRDC’s ability to disseminate its message; frustration of HRDC’s non-profit organizational mission; the loss of potential subscribers and customers; and the inability to recruit new subscribers and supporters.” The lawsuit seeks injunctive relief, declaratory relief and damages against the defendants, as well as attorney’s fees and costs for HRDC.
“HRDC’s books and magazines inform prisoners about educational opportunities, their constitutional rights, and provide a means for self-improvement while incarcerated,” HRDC Litigation Director Jonathan Picard said in a press release. “Banning these publications from reaching those who are in jail is an affront to the First Amendment, as well as counterproductive to the goals of security and rehabilitation.”
The case remains pending, and PLN will continue to report developments. HRDC is represented by attorneys Darold Killmer, Reid Allison, and Katerina Morgan with the Denver firm of Killmer Lane, and by HRDC Litigation Director Jonathan Picard. See: Hum. Rts. Def. Ctr. v. Weld Cty., USDC (D. Colo.), Case No. 1:26-cv-01354.
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Related legal case
Hum. Rts. Def. Ctr. v. Weld Cty.
| Year | 2024 |
|---|---|
| Cite | USDC (D. Colo.), Case No. 1:26-cv-01354 |
| Level | District Court |