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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Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.)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 …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Mail, Mail Regulations
Summary Judgement Reversed on Illinois Outgoing Mail Ban by The Illinois Court of Appeals held that prison officials violated a prisoner?s First Amendment free speech rights by refusing to allow him to mail an investigative report out of the prison. Illinois prisoner Gene Arnett and two other prisoners attempted to …
Brief • December 12, 2006
Powell v. Ellis, AZ, Injunction, Unconstitutional Mailroom Policy, 2006
Brief • October 26, 2006
Jordan v. Hood, CO, Order and Judgement - Prohibiting Softbound Books, Clippings Unconstituional As Applied - Injunc, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 03-cv-02320-PSF-MJW MARK JORDAN, Plaintiff, v. ROBERT A. HOOD, Warden, ADX Florence, MARY H. SOSA, …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Mail, Mail Regulations
BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights by BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights The Seventh Circuit Court of Appeals has held that a federal prisoners suit seeking damages for the refusal to allow him to contact his stockbroker …
Article • April 15, 2006 • from PLN April, 2006
Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded by John Dannenberg by John E. Dannenberg On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian …
Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
Article • October 15, 2005 • from PLN October, 2005
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Article • October 15, 2005 • from PLN October, 2005
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court's ruling below (and permanent injunction) that the Washington DOC (WA DOC) policy of prohibiting prisoners' receipt of standard rate mail (AKA bulk mail) and catalogs with …
Article • March 15, 2005 • from PLN March, 2005
Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded by The Ninth Circuit federal Court of Appeals held that Oregon prison officials did not violate a prisoner's rights to freedom of speech and due process by refusing to deliver publications purportedly containing sexually explicit and role-playing …
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