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Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless by Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless Billie Elliott is a prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas. LCF mailroom guards denied him several issues …
Article • May 15, 2007
Tenth Circuit Affirms Summary Dismissal of In-Cell Book Limit by The Court of Appeals for the Tenth Circuit has upheld a Kansas federal district court's summary dismissal of a state prisoner's challenge to a Kansas Department of Corrections (DOC) policy limiting the number of books a prisoner may possess in …
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. …
Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
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. …
Article • May 15, 2007
Ban on Gay Publications Upheld by The court of appeals for the Sixth circuit upheld a Kentucky prison policy that banned gay publications. This ruling conflicts with decisions by other circuits that have struck down bans on gay publications. See: Espinoza v. Wilson, 814 F.2d 1093 (6th Cir. 1987).
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
Article • May 15, 2007
Jail Ban on Hardcover Books Struck Down by The court of appeals for the Seventh circuit affirmed a lower court ruling striking down as unconstitutional a Cook county jail (Chicago, IL) policy banning hardcover books sent to prisoners from any source, including publishers. The appeals court also affirmed the denial …
Censorship of Religious Mail Reversed by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failure to state a claim, a Missouri prisoner's lawsuit that mail sent by the Moorish Science Temple was wrongly censored. The appeals court held that while …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
Prisons Can't Ban Gay Literature; Pedophile Magazine Ban Upheld by The court of appeals for the Ninth circuit upheld the censorship of North American Man-Boy Love Association materials sent to a convicted pedophile at the Washington State Penitentiary in Walla Walla. The court said prison officials cannot censor gay literature. …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Article • May 15, 2007
Denial of Newspaper and Medical Care States Claim by The court of appeals for the Fifth circuit held that a district erred in denying IFP status to a federal pretrial detainee in Texas who claimed he was denied medical attention following his arrest. The plaintiff also claimed the jail banned …
Article • May 15, 2007
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
Article • May 15, 2007
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
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