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Article • September 9, 2019 • from PLN September, 2019
Pennsylvania DOC’s New Mail Policy Robs Prisoners of the Personal Touch; Lawsuits Over Legal Mail Settle by David M. Reutter by David M. Reutter Last year the Pennsylvania Department of Corrections (PDOC) implemented a policy that prohibits prisoners from receiving original correspondence from their family members and friends. The policy …
Williams v. Toomey, PA, Complaint, Inmate Access to Legal Services, 2019 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 1 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 2 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 3 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 4 of …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Legal Mail
Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions by On May 9, 2018, the Maryland Court of Appeals adopted a “prison mailbox rule” for post-conviction petitions. The need for such a rule became evident in the case of prisoner Thoyt Hackney, who gave a post-conviction relief motion to prison officials …
Article • June 8, 2018 • from PLN June, 2018
Kansas Jail Prisoners Win Lawsuit Over Postcard-only Policy by Edward Lyon by Ed Lyon When Wilson County, Kansas Sheriff Pete Figgins instituted a postcard-only correspondence policy at the county jail, prisoners were only allowed to send and receive letters to and from attorneys. No notice was provided when mail was …
Article • May 7, 2018 • from PLN May, 2018
Prison Mailbox Rule Applied to South Carolina Prisoner’s Late PCR Petition by In an August 16, 2017 ruling, the South Carolina Supreme Court held that if a petitioner presents a valid equitable tolling defense for filing a post-conviction relief (PCR) petition beyond the statute of limitations, the limitations period “shall …
Article • September 6, 2017
Prison Cannot Restrict Legal Visits by a Prisoner's Family Member/Attorney by Christopher Zoukis by Christopher Zoukis Michigan Department of Corrections Rule 607, which mandated that an attorney who is also a family member of a prisoner could not have legal visits with the prisoners, has been ruled unconstitutional. The Rule …
Article • April 3, 2017 • from PLN April, 2017
Filed under: Legal Mail
Vermont Supreme Court Adopts Prison “Mailbox Rule” by In Houston v. Lack, 487 U.S. 266 (1988), the U.S. Supreme Court held that it was unfair for courts to refuse to file prisoners’ pleadings because they were filed late if the prisoner delivered the pleading to prison officials before the filing deadline. …
Article • April 3, 2017 • from PLN April, 2017
Michigan County Jail Loses Appeal on Legal Mail, Settles with ACLU by Derek Gilna by Derek Gilna Officials in Livingston County, Michigan have agreed to settle a lawsuit filed by the American Civil Liberties Union (ACLU) of Michigan, which argued that a “postcard-only” policy for mail sent to prisoners at …
$5,000 Settlement for Prison Interfering with California Prisoner's Mail by In November 2015, the California Department of Corrections and Rehabilitation (CDCR) settled for $5,000 a federal civil rights action brought by CDCR prisoner Sherman Manning alleging interference with Manning's mail and retaliation for his publication of books critical of the CDCR. Manning …
American Friends Service Committee - From the Inside Out, 2016 “FROM THE INSIDE OUT” A report by the Prison Watch Community Oversight Initiative December 2016 Issue #1 This report was created by Program Director Bonnie Kerness (973-410-3978/ bkerness@afsc.org), Interns Rachel Frome and Marshall Justice Rountree, and with further assistance from …
Brief • November 23, 2016
Adams v. Spokane County, WA, Settlement, Public Records Request, 2016 RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Three Thousand Five Hundred Dollars and 00/100 ($3,500.00) the receipt of which is hereby acknowledged, JAMES V. ADAl"'VIS, being of lawful age, does hereby release, acquit, and forever …
Article • November 8, 2016 • from PLN November, 2016
Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim by A Georgia federal district court, in denying a motion to dismiss, found an attorney has a Fourth Amendment right to “privacy and possessory interest in letters mailed to him, and that the government may not take and …
Article • August 24, 2016
Pennsylvania Policy Requiring Control Number for Qualification as Legal Mail Unconstitutional by David Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that required a PDOC-issued control number be included on correspondence for it to qualify as legal mail, a Pennsylvania U.S. …
Article • August 19, 2016
Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals by Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals In February 2008, a Superior Court in California held that Salinas Valley State Prison (SVSP) officials had improperly “screened out” two administrative appeals filed by SVSP prisoner Lorenzo Fosselman, …
Publication • August 9, 2016
Inmate Mail and Incoming Publications, PA DOC, 2011 POLICY STATEMENT Commonwealth of Pennsylvania • Department of Corrections Policy Subject: Policy Number: Inmate Mail and Incoming Publications Date of Issue: December 2, 2011 Authority: Signature on File DC-ADM 803 Effective Date: December 23, 2011 John E. Wetzel I. AUTHORITY The Authority …
Publication • August 9, 2016
Inmate Mail Policy, UT DOC, 2011 DC-ADM 803, Inmate Mail and Incoming Publications Procedures Manual Section 3 - Handling and Distribution of Mail 4. Outgoing correspondence must be sealed and delivered to the mailroom by the staff coordinator. E. Incoming Publications 1. General Procedures a. Incoming publications are not to …
Idaho DOC Can’t Stop Love; State Senator’s Ex-wife Weds Prisoner by Mark Wilson Lance Conway Wood, 48, was described as “a strong-willed inmate” with an extensive “history of ‘crossing the line’” who “exploits the human weaknesses of prison staff,” according to a federal judge. Wood, however, undoubtedly views himself as …
Courts Divided on Confidentiality of Attorney-Prisoner Email by Derek Gilna The fact that prosecutors and corrections officials read emails between prisoners and their lawyers comes as no surprise to most defense attorneys, many of whom find it ironic that the very public officials paid to enforce the laws do not …
Article • April 1, 2016 • from PLN April, 2016
Sacramento County Settles Former Jail Prisoner’s Lawsuits for $3,800 by Matthew Clarke In February 2015, Sacramento County, California agreed to settle three pro se federal civil rights actions filed by a former Sacramento County jail prisoner alleging theft of his mail, opening of his legal mail outside his presence and …
Brief • March 31, 2016
ACLU Michigan v. Livingston County et al, MI, Order, Livingston Co Jail post-card only mail policy, 2016 2:14-cv-11213-DPH-RSW Doc # 82 Filed 03/31/16 Pg 1 of 20 Pg ID 1206 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Civil Action No. …
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