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Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Murphy v. Lockhart, MI, Complaint, escape retaliation religious rights mail telephone family segregation, 2010 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 1 of 81 Pg ID 1 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 2 of 81 Pg ID 2 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 3 of 81 …
Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail The military’s treatment of Army prisoners is “part of a broader pattern the military has of just throwing people in jail and not letting them talk to their attorneys, not let visitors come, and this is outrageous. In the …
Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part by On July 16, 2009, the Tenth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit involving the nondelivery of newsletters sent in bulk to a Wyoming state prison. Derrick R. Parkhurst, a Wyoming …
Article • January 15, 2010
Filed under: Mail, Mail Regulations, Postage
Judge Approves Sherriff Arpaio’s Draconian Postcard-Only Mail Policy by On September 24, 2009, U.S. District Judge David G. Campbell entered summary judgment for Sheriff Joe Arpaio on a First Amendment challenge to a mail policy prohibiting prisoners from receiving incoming letters. Due to a purported rise in contraband coming through …
Article • January 15, 2010
Georgia Mail Policy Limiting Who Can Send Internet Material Upheld, then Changed by On December 4, 2007, Chief U.S. District Judge Hugh Lawson upheld a Georgia Department of Corrections (DOC) policy that prohibited prisoners from receiving materials printed from the Internet from persons other than publishers, vendors, or attorneys. Danny …
Article • January 15, 2010
Fourth Circuit Remands Gift Publication Challenge by The U.S. Court of Appeals for the Fourth Circuit has reversed a grant of summary judgment in a lawsuit challenging a gift publication ban at a Virginia prison. The district court had granted summary judgment for prison officials on the prisoner’s challenge to …
Article • December 15, 2009 • from PLN December, 2009
Increasing Number of Prisoners Obtain Access to Email by Brandon Sample Federal and state prisons across the country are slowly beginning to offer email access to prisoners in addition to traditional postal mail service – in some cases limited to receiving email messages, and in others allowing prisoners to send …
Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional by The Commonwealth Court of Pennsylvania has held that a state prison rule prohibiting prisoners from receiving or possessing materials containing pornography or nudity was invalid because it was not promulgated as a regulation pursuant to the Commonwealth Documents Law. However, …
Article • November 15, 2009 • from PLN November, 2009
Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment by A Nebraska district court has held that prison officials violated a prisoner’s First Amendment right to send and receive mail when they refused to let him mail his drawings. The court’s ruling came on a motion for judgment as a …
Article • November 15, 2009 • from PLN November, 2009
PLN Sues Virginia DOC Over Censorship, Due Process Violations by On October 8, 2009, Prison Legal News filed suit in U.S. District Court against Virginia Department of Corrections (VDOC) Director Gene M. Johnson and other prison officials, claiming that the VDOC had violated PLN’s rights under the First and Fourteenth …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Mail, Mail Regulations
Outgoing Mail Censorship Assessed Under Procunier, not Turner; Oregon Court Applies Wrong Standard by The Ninth Circuit Court of Appeals has reversed a district court’s dismissal of an Oregon prisoner’s outgoing mail censorship suit, finding that the “dismissal relied on an incorrect legal standard.” Oregon State Penitentiary (OSP) prisoner Jacob …
Article • October 15, 2009
Florida DOC’s Pen Pal Advertisement Prohibition Challenged by The operators of two pen pal advertising services have filed a federal lawsuit challenging the Florida Department of Corrections’ rule that prohibits prisoners from receiving information from or posting ads with pen pal advertisement services. The lawsuit was filed by the Florida …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
Article • August 15, 2009 • from PLN August, 2009
Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests by The Eleventh Circuit Court of Appeals has reversed a district court order dismissing a Florida prisoner’s civil rights action that challenged a prison policy which prohibited him from sending letters to churches and ministers requesting …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009 • from PLN July, 2009
Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims by Marvin Mentor On October 21, 2008, the U.S. District Court for the Eastern District of California upheld a state prisoner’s First Amendment right to send mail after his letters to several media agencies were blocked by …
Article • July 15, 2009 • from PLN July, 2009
Postal Service Panics Over Sex Offender Participant in Christmas Program by Matthew Clarke by Matt Clarke On December 18, 2008, just a week before Christmas, the U.S. Postal Service abruptly suspended its decades-old Operation Santa Claus, a holiday program in which volunteers sift through children’s letters addressed to Santa, “adopt” …
Fourth Circuit Affirms Ban on Publications in Jail by On May 7, 1993, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court ruling upholding a ban on pre-trial detainees receiving publications of any sort. Stephen Hause, an on-again off-again prisoner at the Harry County Detention Center …
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