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Article • May 15, 2012
New York District Court Rules Jail Prisoners Entitled to Newspaper Access by Relying on extensive case law, the U.S. District Court, Eastern District of New York, held that Suffolk County Jail offered no reasonable basis for total restriction on prisoner’s access to newspapers. Petitioner also alleged denial of effective medical …
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 • May 15, 2012
Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter by The publisher of the newsletter for a Louisiana organization advocating for prisoners and a Louisiana state prisoner filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after Louisiana prison system officials refused to distribute a mass mailing of …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Article • May 15, 2012
Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad by Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad The Supreme Judicial Court of Massachusetts held that a prison policy governing censorship of incoming mail was unconstitutionally vague and overbroad. The court also held that another policy requiring …
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. …
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 …
Article • February 15, 2012
Federal Court Holds New Jersey Prisoner's PLN Denial Claim is Valid by On February 23, 2011, a federal court held that a New Jersey state prisoner's suit complaining of, among other issues, prison officials denying him access to Prison Legal News, stated a valid claim. Raheem Taylor, a New Jersey …
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) …
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 …
Article • December 15, 2011 • from PLN December, 2011
Prison Legal News Files Censorship Suit Against Florida DOC by On November 17, 2011 the ACLU of Florida and the Florida Justice Institute filed a lawsuit on behalf of Prison Legal News in the U.S. District Court for the Southern District of Florida. Named as defendants in the suit are …
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
Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook by David Reutter A settlement agreement between the Virginia Department of Corrections (VDOC) and two civil rights organizations that publish the Jailhouse Lawyer’s Handbook (JLH) overturned the VDOC’s ban on JLH and requires that five copies of that publication be placed …
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
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff …
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
Prison Legal News Sues Arizona Jail Over Restrictive Mail Policy by On September 7, 2011, Prison Legal News, represented by the American Civil Liberties Union of Arizona (ACLU) and the law firm of Rosen, Bien & Galvan, LLP, filed a federal lawsuit challenging the constitutionality of a Pinal County, Arizona …
Article • October 15, 2011 • from PLN October, 2011
PLN Sues Kansas Jail Over No-Publication Policy by On August 31, 2011, Prison Legal News filed a federal lawsuit against the Board of Commissioners for Shawnee County, Kansas and Richard Kline, Director of the Shawnee County Department of Corrections. PLN’s suit alleges First Amendment violations due to a policy at …
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
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