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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 …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Article • September 15, 2011 • from PLN September, 2011
PLN Files Censorship Suit Against Michigan Jail over “Postcard Only” Policy by On August 9, 2011, Prison Legal News filed a federal lawsuit against Livingston County, Michigan and the county’s sheriff, Bob Bezotte, alleging First and Fourteenth Amendment violations due to improper censorship at the Livingston County Jail. The suit …
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 …
Article • June 15, 2011 • from PLN June, 2011
Virginia DOC Settles Censorship Suit Over The Final Call by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit filed by a prisoner at Red Onion State Prison over the rejection of numerous issues of The Final Call, a newspaper of the Nation of Islam. Kelvin Brown …
Article • May 15, 2011
Judge Rejects Magistrate’s Report and Recommendation on Publications Ban by Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy. Ted Marcum sued the Butler County Sheriff …
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 …
Article • April 15, 2011
Homosexual Literature Allowed on Death Row by On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Article • January 15, 2011 • from PLN January, 2011
North Carolina Prison Censorship Class Action Suit Settled by A settlement has been reached in a class action lawsuit that challenged the way the North Carolina Department of Corrections (NCDOC) administers its policies related to the receipt of books and magazines by prisoners. The suit sought to enforce the First …
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 …
White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET …
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 • November 15, 2010 • from PLN November, 2010
PLN Settles Censorship Suit Against Virginia DOC for $125,250 by Prison Legal News announced on September 23, 2010 that it had settled a censorship lawsuit against the Virginia Department of Corrections (VDOC) for $125,250 in damages, attorney fees and costs. In October 2009, PLN filed suit against Gene M. Johnson, …
Article • September 15, 2010 • from PLN September, 2010
Federal Court Finds Nation of Islam Publication Not Racially Inflammatory by David Reutter by David M. Reutter On March 31, 2010, a Louisiana U.S. District Court held that the denial of access to a religious publication based solely on the inclusion of a section called “The Muslim Program” was a …
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