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Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
Article • May 15, 2007
9th Circuit Invalidates Prisoner-to-Prisoner Mail Ban by The Ninth Circuit Court of Appeals held that a complete ban on prisoner-to-prisoner mail violated the First Amendment rights of both prisoners. The court also held that a Washington state prisoner did not have a constitutional right to the services of a prison …
Article • May 15, 2007
Ban on "Communist Political Propaganda" Violates First Amendment by Ban on "Communist Political Propaganda" Violates First Amendment The U.S. Supreme Court held that the First Amendment is violated by a statute requiring postal service officials to detain and destroy unsealed mail from foreign countries determined to be communist political propaganda …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding …
Prisoner-to-Prisoner Mail Ban Upheld But Can Be Unconstitutional by The United States Court of Appeals for the DC Circuit upheld a federal Bureau of Prisons (BOP) regulation prohibiting prisoner-to-prisoner correspondence. The court also invalidated a regulation authorizing the rejection of publications, finding that the regulation failed to satisfy the minimal …
Article • May 15, 2007
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Right to Assist Other Prisoners Includes Right to Possess Pleadings by The California Supreme Court held that a prisoner's right to assist other prisoners in legal matters includes the right to possess other prisoner's legal pleadings or briefs, but does not include the right to correspond with prisoners at other …
Article • May 15, 2007
Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment by Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment A district court in Wisconsin entered an injunction enjoining prison officials from restricting correspondence between a prisoner and his sister-in-law. Morales v. Schmidt, …
Article • May 15, 2007
Prison Officials Entitled to Qualified Immunity for Interfering With Mail by The Supreme Court ruled that prison officials are immune to liability for damages under 42 U.S.C. § 1983. The suit was brought be a California prisoner alleging that prison officials violated his First and Fourteenth Amendment rights by negligently …
Article • May 15, 2007
Commercial Speech Protection Extends to Sender & Recipient by The United States Supreme Court held in a Virginia case that First Amendment protections related to commercial speech are enjoyed by both the advertisers who seek to disseminate information and the intended recipients of that information, stating: If there is a …
Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
Wisconsin Prisoner's Interference-With-Mail Suit Mooted by Policy Change by William West, a Wisconsin state prisoner, sued guards in federal district court for denying him mail containing downloaded internet material about Hepatitis C. He complained that the policy under which his mail was rejected Doc 309 IMP 1, which disallowed prisoner …
Article • May 15, 2007
AL Control Unit Ban on Publications Not Moot Or Ripe by The defendants prohibited administrative segregation prisoners from receiving publications by subscription. When sued, they agreed to allow a subscriptions to newspapers and magazines up to a total of four. However, they put in their regulation an apparent limitation to …
Article • May 15, 2007
Retaliation Claims Must Be Based On Constitutional Rights by Louisiana State Prisoner Darryl Crockett filed a complaint alleging improper censorship of outgoing mail and retaliation which was dismissed by the district court. Crockett appealed contending that his complaint was erroneously dismissed because he alleged facts in support of a direct …
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.) held that 28 C.F.R. § 540.71(a)(2), which restricts Bureau of Prisons (BOP) prisoners …
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