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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 …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Article • June 15, 2009 • from PLN June, 2009
Massachusetts DOC Settles PLN Censorship Suit by Effective May 12, 2009, the Massachusetts Dept. of Correction (MDOC) agreed to settle a First Amendment censorship lawsuit filed by PLN. PLN brought suit in U.S. District Court on April 23, 2008 following repeated efforts over a 5-year period to be added to …
Article • June 15, 2009 • from PLN June, 2009
Filed under: Mail, Mail Regulations
Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David Reutter Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David M. Reutter To the extent that an Indiana Department of Corrections (IDOC) policy “denies prisoners the right to advertise for pen-pals and receive material so …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Washington State DOC Guard Demoted For Mail Tampering And Violating Rules by Washington State Department of Corrections guard Teresa McSheery appealed her 1997 demotion for committing regulatory mail and safety violations. The demotion was affirmed. McSheery worked at the Washington Corrections Center for Women in 1989 and was the mail …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Article • April 15, 2009
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s …
Article • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
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