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CCA Pays $70,000 in Damages, Attorney Fees to Settle PLN Censorship Suit by Alex Friedmann On June 7, 2010, Prison Legal News announced that it had settled a federal censorship suit against Corrections Corp. of America (CCA), the nation’s largest private prison company. PLN filed the lawsuit in September 2009, …
Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees by On April 22, 2010, Prison Legal News announced that it had settled a First Amendment censorship suit against Fulton County, Georgia and former Fulton County Sheriff Myron Freeman. The lawsuit, filed by PLN in October 2007, claimed …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
The History of Prison Legal News by Paul Wright In May 1990, the first issue of Prisoners’ Legal News (PLN) was published. It was hand-typed, photocopied and ten pages long. The first issue was mailed to 75 potential subscribers. Its budget was $50. The first 3 issues were banned in …
Article • May 15, 2010
Prisoner Awarded $75 after Magazine Withheld by On February 8, 2001, the Honorable Sally Shushan, U.S. Magistrate Judge, awarded a prisoner $75 in compensatory damages after jail officials refused to provide the prisoner with a magazine. While incarcerated at the St. John Correctional Center in Louisiana, Leo Schwartz was denied …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
First Circuit Upholds Prison Regulation Banning Sexually Explicit Materials by The First Circuit Court of Appeals has affirmed a district court’s grant of summary judgment to prison officials, which upheld a prison regulation banning prisoners’ receipt of publications that feature “nudity” or are “sexually explicit” and the display of “semi-nude, …
Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail The military’s treatment of Army prisoners is “part of a broader pattern the military has of just throwing people in jail and not letting them talk to their attorneys, not let visitors come, and this is outrageous. In the …
Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part by On July 16, 2009, the Tenth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit involving the nondelivery of newsletters sent in bulk to a Wyoming state prison. Derrick R. Parkhurst, a Wyoming …
Article • January 15, 2010 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Article • January 15, 2010
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
Article • January 15, 2010
Fourth Circuit Remands Gift Publication Challenge by The U.S. Court of Appeals for the Fourth Circuit has reversed a grant of summary judgment in a lawsuit challenging a gift publication ban at a Virginia prison. The district court had granted summary judgment for prison officials on the prisoner’s challenge to …
Brief • December 23, 2009
Filed under: Publications/Books
Bretches v. Kirkland, CA, Complaint, Banned Prisoner Author Book Aggressive Dogs, 2009 Case3:06-cv-05277-JSW Document80 Filed12/23/09 Page1 of 46 1 2 3 4 HERMAN FRANCK (SBN 123476) ELIZABETH VOGEL (SBN 245772) FRANCK & ASSOCIATES 1801 7TH Street, Suite 150 Sacramento, California 95811 Tel. (916)-447-8400 Fax (916) 447-0720 5 6 Attorney for …
Article • November 15, 2009 • from PLN November, 2009
PLN Sues Virginia DOC Over Censorship, Due Process Violations by On October 8, 2009, Prison Legal News filed suit in U.S. District Court against Virginia Department of Corrections (VDOC) Director Gene M. Johnson and other prison officials, claiming that the VDOC had violated PLN’s rights under the First and Fourteenth …
Article • October 15, 2009
Florida DOC’s Pen Pal Advertisement Prohibition Challenged by The operators of two pen pal advertising services have filed a federal lawsuit challenging the Florida Department of Corrections’ rule that prohibits prisoners from receiving information from or posting ads with pen pal advertisement services. The lawsuit was filed by the Florida …
Article • October 15, 2009 • from PLN October, 2009
Missouri DOC Permits Gift Books in Response to PLN Demand Letter by On September 15, 2009, the Missouri Department of Corrections (DOC) agreed to revise its policy prohibiting prisoners from receiving books purchased for them by third parties or sent to them free of charge. The DOC also agreed to …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
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 …
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