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Article • May 15, 2012
California Prisoner's First Amendment Claim Survives Motion for Summary Judgment by In September 2011, U.S. District Judge Phyllis J. Hamilton issued an order tentatively permitting a California prisoner's First Amendment claim to proceed following the filing of a motion for summary judgment by the defendant prison officials in the case. …
Article • April 15, 2012 • from PLN April, 2012
Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit by On March 8, 2012, U.S. District Court Judge John A. Mendez entered a preliminary injunction against the County of Sacramento, California in a lawsuit that alleges unconstitutional censorship of publications sent to prisoners at the county’s jail. …
Brief • March 8, 2012
Diaz-Wassmer v. Ferriter, MT, Settlement, English-Only Mail Policy, 2012 Case 6:10-cv-00060-RKS Document 41 Filed 03/08/12 Page 1 of 5 Jennifer A. Giuttari Montana Legal Justice, PLLC 415 N. Higgins Ave., Suite 1 Missoula, MT 59802 (406) 356–6546 jeng@montanalegaljustice.com Attorney for Plaintiff Colleen E. Ambrose Ira Eakin Montana Department of Corrections …
Article • February 15, 2012 • from PLN February, 2012
Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Mike Brodheim On January 31, 2011, a divided Ninth Circuit panel reversed the grant …
PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies by On January 10, 2012, Prison Legal News settled a First Amendment censorship suit against the Sheriff’s Office for Berkeley County, South Carolina. The settlement includes changes at the Berkeley County Detention Center (BCDC) …
Brief • February 13, 2012
Hamilton v. Hall, FL, Settlement, Post Card Policy Outgoing Mail, 2012 Case 3:10-cv-00355-MCR-EMT Document 158 Filed 02/13/12 Page 1 of 17 Case 3:10-cv-00355-MCR-EMT Document 133-1 Fileci12/01/11 Page 1 of 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON et aL, Plaintiffs, v. No.3: 10-cv-355 MCRIEMT WENDELL …
Article • January 15, 2012 • from PLN January, 2012
PLN Wins $230,000 in Settlement that Ends Spokane, Washington Jail’s Postcard-Only Rule by by Matt Clarke In July 2011, the Board of County Commissioners of Spokane County, Washington agreed to pay $230,000 to Prison Legal News to settle a federal lawsuit challenging unconstitutional restrictions on prisoners’ mail at the Spokane …
Brief • January 11, 2012
Muthana v. Hofbauer, MI, R&R, Destruction of Mail Written in Arabic, 2012 Case 2:11-cv-00132-GJQ-TPG Doc #41 Filed 01/11/12 Page 1 of 13 Page ID#635 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALI MUSAID MUTHANA, Plaintiff, v. Case No. 2:11-cv-132 Honorable Gordon J. Quist GERALD HOFBAUER …
Brief • December 1, 2011
Hamilton v. Hall, FL, Motion Approve Class Settlement, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR-EMT Document 133 Filed 12/01/11 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON et al., Plaintiffs, v. No. 3:10-cv-355 MCR/EMT WENDELL HALL, Defendant. / JOINT MOTION FOR …
Brief • December 1, 2011
Hamilton v. Hall, FL, Settlement, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR-EMT Document 133-1 Filed 12/01/11 Page 1 of 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON et al., Plaintiffs, v. No. 3:10-cv-355 MCR/EMT WENDELL HALL, Defendant. / SETTLEMENT AGREEMENT AND CONSENT DECREE Plaintiff, …
Article • November 15, 2011 • from PLN November, 2011
PLN Files Censorship Suit Against NYDOCS by On October 11, 2011, Prison Legal News filed suit against New York State Department of Correctional Services officials, including NYDOCS Commissioner Brian Fischer. The lawsuit, filed in the U.S. District Court for the Southern District of New York, alleges First and Fourteenth Amendment …
Article • November 15, 2011 • from PLN November, 2011
PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies by On September 9, 2011, Prison Legal News filed separate lawsuits against the Orleans Parish jail in New Orleans, Louisiana and the Chelan County jail in Washington State over mail policy-related issues. PLN’s suit against Orleans Parish Sheriff Marlin Gusman, …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Mail, Mail Regulations
Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement by The ACLU has settled a lawsuit on behalf of detainees at Colorado’s Boulder County Jail, ending a policy that limited prisoners’ personal correspondence to postcards. The policy went into effect in March 2010 and the ACLU filed suit five months …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
Sheriff’s Motion to Dismiss Denied in Florida Jail’s “Postcard Only” Mail Policy Suit by 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 …
Article • November 15, 2011
Federal Magistrate Rules on Case Filed by State Prisoner Denied Delivery of Prison Legal News by Derek Gilna A United States Magistrate in the State of Oklahoma has issued a Report and Recommendation regarding Oklahoma prison officials' motion for summary judgment seeking to dismiss an Oklahoma prisoner's civil rights and …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
US District Court in South Carolina Rules against Prisoner Challenging Withholding of Mail to Prisoner that Violated Jail Policies by By Derek Gilna In a decision published September 14, 2010, the United States District Court for the District of South Carolina, in the matter of Michael R. Ray v. Sheriff …
Brief • November 10, 2011
Filed under: Mail Regulations
Barrett v. Williams et al, OR, Complaint, ODOC NM prisoner to prisoner mail policy, 2011 Case 6:11-cv-06358-HZ • !tJ " Document 2 -rl-t(.. L\,N~-rE[) FDR. THE Filed 11/10/11 S'"iA'l£~ Page 1 of 23 Page ID#: 6 I)fs,lZU.r C5I..l1l.f OrS'fJtr.::.-r Of: Op-£&o/V .JA CDB DAIt~E. if I PIA'I"f'l ~~ fro> Se. …
Article • October 15, 2011 • from PLN October, 2011
FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny by David Reutter by David M. Reutter In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals …
Article • October 15, 2011 • from PLN October, 2011
Human Rights Defense Center Litigation Update by Lance Weber This month marks the beginning of my second year practicing law with the Litigation Project of the Human Rights Defense Center. The Litigation Project was envisioned by PLN founder Paul Wright as a complement to HRDC’s principal project, Prison Legal News, …
Article • October 15, 2011 • from PLN October, 2011
Postcard-Only Mail Policy Enjoined at Colorado Jail by On December 20, 2010, Chief U.S. District Court Judge Wiley Y. Daniel issued a preliminary injunction against a postcard-only mail policy instituted at the El Paso County Jail in Colorado Springs, Colorado. The injunction resulted from a class-action lawsuit filed by a …
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