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Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
Article • June 15, 2007 • from PLN June, 2007
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
Louisiana Prisoner Denied Religious Materials Under “Approved Vendor” Policy Settles Suit for $21, 786.13 in Damages and Fees by Louisiana Prisoner Denied Religious Materials Under "Approved Vendor" Policy Settles Suit for $21, 786.13 in Damages and Fees The State of Louisiana has settled with a prisoner who was denied religious …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Article • May 15, 2007
Third Circuit Upholds "Publisher Only" Rule by Third Circuit Upholds "Publisher Only" Rule The Third Circuit Court of Appeals held that a Delaware prisoner's affidavit was insufficient to controvert a prison warden's affidavit, justifying a publisher-only policy. In the district court the prisoner responded to prison officials' motion for summary …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Prison Officials Must Support Mail Policy With Evidence by The Fifth Circuit Court of Appeals held in an Alabama case that "Alabama must show how applying its sweeping regulation [prohibiting prisoners in segregation from sending or receiving mail from other prisoners] . . . furthers its legitimate penological objectives. Alabama's …
Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Article • May 15, 2007
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban by In 1982, the Ninth Circuit Court of Appeals held that a Montana prison rule prohibiting nude photographs was too broad and that less restrictive alternatives existed. The court also held that a ban on sexually explicit magazines such as Hustler violated the …
Article • May 15, 2007
Ninth Circuit Upholds Washington Legal Mail Inspection Rule by The Ninth Circuit Court of Appeals upheld an order of a Washington state superior court, requiring a contraband inspection of all mail from prisoners to that court. "In April, 1977, the Superior Court for Walla Walla County, issued a prison mail …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment on Segregation Mail Ban by The Eighth Circuit Court of Appeals reversed an Arkansas district court judgment granting summary judgment to prison officials in a case involving the denial of mail privileges to segregated prisoners. The court noted that the district court acknowledged that the …
Article • May 15, 2007
Tenth Circuit Upholds Injunction Against Juvenile Mail Censorship by The Tenth Circuit Court of Appeals upheld a district court's holding that a Utah private school for youths with behavioral problems violated the First and Fourteenth Amendment rights of the students by monitoring and censoring their outgoing mail and forcing the …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Reverses Summary Judgment on Incoming Mail Censorship by The Second Circuit Court of Appeals reversed a New York District Court's grant of summary judgment to prison officials concerning the reading of a federal prisoner's incoming mail. The court noted that "[n]o issue has been raised . . . …
Article • May 15, 2007
Georgia Prison Censorship Rules Violate Procunier Standard by A federal court in Georgia held that a prison's mail censorship rules were invalid under Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974). The court held that the practice of intercepting outgoing letters that prison officials "believed were misleading" or …
Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Ohio Prisoner Mail Censorship Rule Violates Due Process by The Sixth Circuit Court of Appeals held that an Ohio prison regulation authorizing the censorship of incoming prisoner mail was not unconstitutionally overbroad on its face but that it did violate due process. An Ohio prisoner's incoming mail, written on Ku …
Prison Ban on Writing Religious Leaders Invalidated, Muslim Magazine Allowed by The Fifth Circuit Court of Appeals held that an Atlanta federal penitentiary policy of not allowing prisoners to correspond with religious leaders was unconstitutional and remanded for an order allowing such correspondence. The court also held that Black Muslim …
Article • May 15, 2007
Filed under: Mail Regulations, Juveniles
Ban on Writing Minors Without Parental Consent Invalidated by A federal court in California held that a California prison rule prohibiting prisoners from corresponding with minors whom they were not related by blood or marriage without the prior consent of the minors' parents was unnecessarily broad and invalid under the …
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