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Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
Article • May 15, 2007
Third-Party Book Seller's Records Subject to Constitutional Protections by The Colorado Supreme Court has found that individuals have a constitutionally protected right to purchase books anonymously, free from government interference, and thus records of an innocent, third-party bookstore are subject to both state and federal free speech protections and an …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Article • May 15, 2007
Muslim Literature Bar Reversed, Medal Ban Upheld by The Eighth Circuit Court of Appeals has held that denying prisoners access to a newspaper entitled Muhammad Speaks" was violative of the First Amendment, but it was within prison officials' discretion to impose restrictions on medals worn around the neck. This action …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Article • May 15, 2007
Ninth Circuit Reverses Dismissal of Mail Rule Challenges by On September 24, 1998, the Ninth Circuit Court of Appeals issued an unpublished opinion, vacating in part, summary judgment granted to jail officials on challenges to prison mail rules. Phoenix, Arizona jail prisoner Mark Price brought suit in federal court challenging …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
Article • May 15, 2007
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
WA Gift Subscription Ban Settled for $443.46 by In 1997, William J.R Embrey, a federal prisoner at the Washington State Penitentiary (W.S.P) accepted $443.46 to settle a lawsuit. In 1985 the Federal Bureau of Prisons (BOP) sent Embrey to the Washington Department of Corrections WDOC, pursuant to a contract between …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
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