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Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Article • November 15, 2008 • from PLN November, 2008
Banning of Newsletter in Wisconsin Prison Violates First Amendment by John Dannenberg Banning of Newsletter in Wisconsin Prison Violates First Amendment by John E. Dannenberg A U.S. District Court has held that a decision by the Wisconsin Dept. of Corrections (WDOC) to ban a prisoner’s receipt of The New Abolitionist, …
Gay and Lesbian Prisoners: Recent Developments and a Call for More Research by Zachary Wolfe, Esq. by Zachary Wolfe, Esq.1 This is an interesting time in the changing legal landscape relating to gay and lesbian prisoners, but public and scholarly attention is lacking. Rights of lesbian, gay, bisexual and transgendered …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Brief • September 9, 2008
Shustring dba LareDOS v. Salinas and City of Laredo, TX, Complaint, 1st Am mayor newspaper censorship, 2008 Case 5:08-cv-00120 Document 1 Filed in TXSD on 09/09/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SHUSTRING PRODUCTIONS, INC. dba LareDOS PUBLISHING Plaintiff v. RAÚL SALINAS …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
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
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
Article • June 15, 2008 • from PLN June, 2008
PLN Sues Massachusetts DOC Over Book Ban, Added to Approved List One Week Later by For the past five years Prison Legal News has been unable to sell or distribute books to prisoners in Massachusetts because PLN was not on the Dept. of Correction’s (DOC) approved vendor list. Massachusetts prisoners …
Publication • 2008
California Banned Books List - 2008
PLN Obtains Injunction Against Fulton County Jail in Censorship Suit by Alex Friedmann On February 4, 2008 the U.S. District Court for the Northern District of Georgia (Atlanta Division) granted a preliminary injunction in a lawsuit filed by Prison Legal News over censorship at the Fulton County Jail. PLN brought …
BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit by In June 2007, the Federal Bureau of Prisons (BOP) began removing thousands of religious books from its prison chapels. The purge of religious literature, which occurred nationwide, was part of a long-delayed post-September 11 directive intended to prevent radical Islamic …
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. …
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