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Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes by A settlement reached on November 1, 2023, between the Washington Department of Corrections (DOC) and current or former state prisoners resulted in changes to prison mail policies. While incarcerated at Monroe Correctional Complex (MCC), Adam Bauer, David Cochran, …
Publication • December 7, 2023
LSPC-CDCR- Public Comments Re Ncr 23-12 Mail Processing - Dec. 2023 Legal Services for Prisoners with Children 4400 Market Street, Oakland, CA 94608 Regulation and Policy Management Branch Department of Corrections and Rehabilitation P.O. Box 942883 Sacramento, CA, 94283-0001 December 7, 2023 Re: Public Comment on NCR 23-12 Dear Regulation …
Filing • July 8, 2022
Prison Legal News v. Ryan, AZ, Ninth Circuit Opinion, PLN Censorship, 2022 Case 2:15-cv-02245-ROS Document 341-1 Filed 08/01/22 Page 1 of 28 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PRISON LEGAL NEWS, a project of: other Human Rights Defense Center, Plaintiff-Appellee, v. CHARLES L. RYAN, in …
Article • April 1, 2022 • from PLN April, 2022
$781 Settlement Paid to Oregon Prisoner Over Censorship of ‘Sexually Explicit’ Text Message by On July 21, 2021, the Oregon Department of Corrections (DOC) settled a suit filed by a state prisoner whose private text message to his intimate partner was flagged for violating prison policy because it contained the …
Sisney v. Kaemingk, SD, Order, Ban on Sexually Explicit Materials, 2020 Case 4:15-cv-04069-LLP Document 166 Filed 06/29/20 Page 1 of 17 PageID #: 1596 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION ***************************************************************************** * CHARLES E. SISNEY, * CIV 15-4069 * Plaintiff, * * AMENDED vs. * MEMORANDUM …
Publication • 2019
Kansas - 44-12-313 Sexually Explicit Materials (2019) 44-12-313. Sexually Explicit Materials Old vs New Before the Change (b) The material shall be considered sexually explicit if the purpose of the material is sexual arousal or gratification and the material meets either of the following conditions: (1) Contains nudity, which shall …
Article • September 5, 2018 • from PLN September, 2018
South Dakota Prisoner Fights Porn Ban in Federal Court by Edward Lyon by Edward B. Lyon, Jr. Charles E. Sisney, serving a life sentence since 1997, has been active in the courts on prison-related issues for years. His latest target is the 2014 version of the South Dakota Department of …
Article • May 9, 2018 • from PLN May, 2018
Porn Reading Rooms in Iowa Prisons Placed on Legislative Hit List by A proposed law, Senate Study Bill 3035, would put an end to “pornography reading rooms” in Iowa prisons. The rooms have existed since a 1988 federal court ruling that held the Iowa DOC’s rules on pornography were unconstitutionally …
Seventh Circuit Affirms Prison Policy Banning Adult Magazines, with Caveats by Derek Gilna Tobias Payton, a prisoner at the Stateville Correctional Center in Illinois, was denied access to a number of adult magazines depicting naked or scantily clad women, and filed suit in federal court alleging violation of his First …
Article • September 25, 2015 • from PLN October, 2015
PLN Prevails in Censorship Suit against Virginia Beach Sheriff’s Office by Gary Hunter PLN Prevails in Censorship Suit against Virginia Beach Sheriff’s Office by Gary Hunter In March 2015, the U.S. District Court for the Eastern District of Virginia granted summary judgment in favor of Prison Legal News (PLN) against …
Article • July 7, 2015 • from PLN July, 2015
CDCR Adopts New Contraband Rules on Obscene, Gang-related Materials by Michael Brodheim CDCR Adopts New Contraband Rules on Obscene, Gang-related Materials by Michael Brodheim In the aftermath of a 2013 ruling by the California Court of Appeal that found a book containing sexually explicit content was not obscene and must …
Comment to CDCR on proposed censorship policy revisions June 2014 Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS June 16, 2014 Timothy M. Lockwood, Chief Regulation and Policy Management Branch P.O. Box 942883 Sacramento CA 94283-0001 Re: Comment on California Code of Regulations and the Proposed Changes to Regulations …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Mark Wilson The Eighth Circuit Court of Appeals has held that a district court erred in failing to resolve a motion to dismiss based on qualified immunity with …
Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit by Derek Gilna Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit   by Derek Gilna   Federal prisoner David Wayne Baker filed a “Bivins” suit against his warden and other prison mail clerks for violations of …
Article • August 15, 2013
Ensign Amendment Upheld; BOP’s Failure to Retain Rejected Publications During Period of Administrative Review Violates Due Process by On July 11, 2008, U.S. District Judge Edward Nottingham rejected a challenge to a ban on federal prisoners receiving information that features nudity or is sexually explicit. The Court found merit, however, …
Prisoner Denied Pornography in a Wisconsin Prison by A Wisconsin appellate court held that a prisoner’s lawsuit against guards for denying him pornography was properly dismissed. The Court of Appeals, District IV, affirmed the dismissal of a lawsuit filed by Green Bay Correctional Institution prisoner Charles Downing on January 3, …
Article • April 15, 2013
Wisconsin Appeals Court Orders Photos Delivered to Prisoner by Michael Rigby On July 22, 2010, the Wisconsin Court of Appeals, District IV, held that three prison employees – sued over their involvement in withholding pictures deemed pornographic by Department of Corrections policy – were entitled to qualified immunity. The court …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • April 15, 2012 • from PLN April, 2012
Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal challenging the Bureau of Prisons’ (BOP) implementation of the Ensign Amendment, a law that prohibits the expenditure of federal funds “to distribute or make available to …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
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