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Prisoners Have Right to Send Letters to News Media by The First Circuit Court of Appeals has held that a prisoner has a right to send letters to the news media. This action was filed by two prisoners at the Massachusetts Correctional Institution at Walpole, challenging the prison's total ban …
Article • May 15, 2007
California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional by California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional The Supreme Court held that prison regulations forbidding correspondence containing "defamatory matters," "inflammatory political, racial, religious or other views," or that "unduly complain" or "magnify grievances," or were "otherwise inappropriate" were unconstitutional infringements …
Article • May 15, 2007
$170.69 Settlement In WA Gift Book Censorship Suit by In 1998 Ricardo Garcia a prisoner at the Airway Heights Correctional Center (AHCC) in Washington, received a mail rejection notice from the AHCC mailroom for two books he had ordered from a vendor. Garcia had sent out a $1.00 money order …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
$5,703.97 Settlement In WA Mail Censorship Suit by In 1991 Gerald Enquist, a prisoner at the Clallam Bay Correctional Center (CBCC), filed a law suit against the state for violating his First Amendment rights. Enquist was mailing letters from CBCC addressed J.D. Enquist, he was told that he could no …
Article • May 15, 2007
Limits on Prison Labor Union Constitutionally Valid by The U.S Supreme Court ruled that prison regulations limiting the activities of a prison labor union did not violate the prisoners' First and Fourteenth Amendment rights. Prisoner labor union members in the North Carolina Department of Correction filed a § 1983 action …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Article • May 15, 2007
Prisoner's Claim of Censorship of Non-Obscene Materials Remanded by The U.S. Tenth Circuit Court of Appeals, reversing the U.S. District Court in Kansas, held that dismissal of a Kansas prisoner's claim against Kansas Department of Corrections (DOC) officials accused of censoring "obscene" materials was properly dismissed but that the prisoner's …
Article • May 15, 2007
Summary Judgment Against Prisoner Affirmed in Mail and Money Claim by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Wisconsin, held that summary judgment against a former jail prisoner was appropriate in a claim involving the jail's handling of the prisoner's …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
Article • May 15, 2007
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
WI Prisoner Unconstitutionally Denied Correspondence with Sister-In-Law by Juan Morales, a Wisconsin state prisoner mailed a letter to his sister-in-law. Prison guards intercepted the letter, read it, and after finding that it suggested that Morales was the father of his sister-in-law's illegitimate child, refused to mail it or others like …
Article • May 15, 2007 • from PLN May, 2007
California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages by John Dannenberg by John E. Dannenberg On December 19, 2006, the California Department of Corrections and Rehabilitation (CDCR) settled with Prison Legal News (PLN) over PLN's complaints of CDCR's restrictive publications-approval policies for California state prisoners. …
Censorship of Critical Report Struck Down by The court of appeals for the Second circuit affirmed a district court injunction ordering New York prison officials to deliver a report critical of prison administrators in that state to New York prisoners. The lower court ruling is reported at 596 F. Supp. …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
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