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Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
Article • August 15, 2008
Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents by Colorado state prisoner Wendel Wardell, Jr. appealed the dismissal of his pro se 42 U.S.C. § 1983 action filed against the Colorado Department of Corrections (CDOC) after Fremont Correctional Facility personnel confiscated reading materials mailed to him from an …
Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals has rejected several Utah-based civil rights complaints concerning the denial of reading material to prisoners, including issues of Prison …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by Matthew Clarke by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to …
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Article • May 15, 2008
Sender’s Right to Privacy in Mail Ends at Delivery by Sender's Right to Privacy in Mail Ends at Delivery Letters are generally protected by an expectation of privacy, but the sender's expectation ordinarily terminates upon delivery. At 1228: "Because Defendant sent the letters to an inmate at a correctional facility, …
Article • April 15, 2008
Turner v. Safley: High Drama, Enduring Precedent by David Hudson Turner v. Safley: high drama, enduring precedent By David L. Hudson Jr. First Amendment scholar 05.01.08 When one thinks of famous litigants or important First Amendment decisions, the name Leonard Safley and the case Turner v. Safley do not immediately …
Article • January 15, 2008 • from PLN January, 2008
BOP Byline Prohibition Unconstitutional by David Reutter by David M. Reutter A Colorado federal district court has held the Bureau of Prisons (BOP) regulation that provides a prisoner may not "publish under a byline" violates the First Amendment. The Court's order prohibits the BOP from punishing any prisoner for violating …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Article • December 15, 2007 • from PLN December, 2007
PLN Files Censorship Suit Against Fulton County Jail in Georgia by On October 22, 2007, Prison Legal News filed a lawsuit in U.S. District Court for the Northern District of Georgia against Fulton County and Sheriff Myron Freeman, due to a Fulton County Jail policy that prohibits prisoners from receiving …
Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Article • November 15, 2007 • from PLN November, 2007
California DOC Pays PLN’s Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John Dannenberg California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John E. Dannenberg In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Article • October 15, 2007 • from PLN October, 2007
Old Media Access Consent Decrees Violated in Maine by Lance Tapley The Maine Department of Corrections has been violating at least two of three 35-year-old federal court orders that grant prisoners access to the press, allow them to write to newspapers, and prohibit prison officials from arbitrarily transferring prisoners out …
Article • September 15, 2007
Louisiana: The other Jena story by First youth, then hurricane evacuees were tortured by Jena prison guards Wednesday, 19 September 2007 Jena, Louisiana - Jena, the little town of 3,000 located about four hours north of New Orleans, where thousands of people are headed from all over the U.S. to …
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