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Article • August 15, 2011 • from PLN August, 2011
Judge Rejects Challenge to BOP’s Special Administrative Measures by Brandon Sample On January 27, 2011, U.S. District Court Judge Lewis T. Babcock dismissed a lawsuit challenging Special Administrative Measures (SAMs) imposed by the federal Bureau of Prisons (BOP). SAMs are authorized under 28 C.F.R. § 501.3(a). Mohamed Rashed Daoud Al-Owhali, …
Article • August 15, 2011 • from PLN August, 2011
Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending by On January 4, 2011, a Texas federal district court dismissed PLN’s challenge to censorship of books by the Texas Department of Criminal Justice (TDCJ). PLN had filed a civil rights suit under 42 U.S.C. § 1983 against TDCJ Executive …
Prison Officials’ Determination of Gang Symbols in Outgoing Mail Accorded Deference by The Seventh Circuit Court of Appeals has applied the “substantial deference” doctrine to a prisoner’s claim challenging censorship of his outgoing mail. After the district court granted summary judgment to prison officials, Wisconsin prisoner Joseph Koutnik appealed that …
Article • June 15, 2011 • from PLN June, 2011
Remembering the High Point of Prisoner Rights by David Hudson by David L. Hudson, Jr. Thirty-seven years ago, the U.S. Supreme Court decided Procunier v. Martinez, 416 U.S. 396 (1974), a ruling that has since proven to be the high-water mark for prisoner rights. On April 29, 1974, the high …
Brief • May 26, 2011
Hamilton v. Hall, FL, Class Order, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 69 Filed 05/26/11 Page 1 of 5 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON and JAMIE BROJANAC, all on behalf of …
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 …
Article • April 15, 2011
10th Circuit: Prisoner Mail Protected by First Amendment by Jimmie Franks By Jimmy Franks In a decision filed December 18, 2008, the 10th Circuit reversed a district court dismissal of a §1983 claim brought by a prisoner in the Saline County Detention Center in Salina, Kansas. The prisoner, Kendall Trent …
Article • April 15, 2011
Filed under: Mail, Mail Regulations
TDC Correspondence Rules Challenged (1971) by In 1971, Texas prisoner Guadalupe Guajardo filed a class-action lawsuit pursuant to 42 U.S.C. § 1983 challenging the constitutionality of the correspondence rules and practices that were currently in effect in the Texas Department of Corrections (TDC). When the district court found many of …
Article • April 15, 2011
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land …
Brief • April 15, 2011
Hamilton v. Hall, FL, Motion for PI, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 54 Filed 04/15/11 Page 1 of 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA MARCIE HAMILTON et al., Plaintiffs, v. No. 3:10-cv-355 MCR/ EMT WENDELL HALL, Defendant. / PLAINTIFFS’ MOTION FOR PRELIMINARY …
Brief • February 24, 2011
Hamilton v. Hall, FL, Complaint, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 43 Filed 02/24/11 Page 1 of 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division MARCIE HAMILTON and JAMIE BROJANAC, all on behalf of themselves and all others similarly situated; Plaintiffs, v. No. …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Mail, Mail Regulations
Wish You Were Here! Jails Adopt Postcard-Only Mail Policies by By January 2010, 13 of Oregon’s 36 counties had implemented policies that limit incoming and outgoing mail at county jails to postcards. Ten other counties plan to adopt similar rules in the future. The postcard-only policy is a national trend …
PLN Sues South Carolina Jail that Bans All Reading Material Except Bibles by On October 6, 2010, Prison Legal News, represented by the American Civil Liberties Union (ACLU) and Human Rights Defense Center staff attorney Lance Weber, filed suit in federal court challenging an unconstitutional policy at the Berkeley County …
Article • October 15, 2010 • from PLN October, 2010
State Auditor Issues Report on Washington Department of Corrections by On December 7, 2009, the Washington State Auditor’s Office released a report on an audit of the Department of Corrections (DOC) that covered the time period from July 1, 2008 through June 30, 2009. The report examined cash handling, payroll, …
Brief • September 13, 2010
Reynolds v. Hall, FL, Outgoing Mail Procedure, Censorship Prisoner Mail, 2010 Case 3:10-cv-00355-MCR -EMT Document 1-1 Filed 09/13/10 Page 1 of 1 SANTA ROSA COUNTY SHERIFF'S OFFICE Sheriff Wendell Hall GENERAL ORDERS 1,_11111111111MINIL__1111111111_1116 OUTGOING MAIL PROCEDURE STANDARD OPERATING 15.48 STANDARD OPERATING PROCEDURES: PROCEDURES: 15.48 All Detention Detention Members Distribution: 8/14/2010 …
CCA Pays $70,000 in Damages, Attorney Fees to Settle PLN Censorship Suit by Alex Friedmann On June 7, 2010, Prison Legal News announced that it had settled a federal censorship suit against Corrections Corp. of America (CCA), the nation’s largest private prison company. PLN filed the lawsuit in September 2009, …
Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees by On April 22, 2010, Prison Legal News announced that it had settled a First Amendment censorship suit against Fulton County, Georgia and former Fulton County Sheriff Myron Freeman. The lawsuit, filed by PLN in October 2007, claimed …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
First Circuit Upholds Prison Regulation Banning Sexually Explicit Materials by The First Circuit Court of Appeals has affirmed a district court’s grant of summary judgment to prison officials, which upheld a prison regulation banning prisoners’ receipt of publications that feature “nudity” or are “sexually explicit” and the display of “semi-nude, …
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