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No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
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
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 …
Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction by by Matthew T. Clarke A Kansas federal court has upheld the Kansas Department of Corrections policy limiting the number of books a prisoner may possess in his cell, but continued to enforce an injunction against prison officials destroying a …
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
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 …
§ 1983 Or Bivens Required When Suing Post Office For Lost Property by The United States Court of Appeals for the Tenth Circuit has found the United States immune from a tort action over a prisoner's property lost by the Postal Service. Peter Georgacarakos, a federal Bureau of Prisons (BOP) …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Article • April 15, 2007 • from PLN April, 2007
Illinois DOC Capitulates On Prison Newspaper Ban by John Dannenberg by John E. Dannenberg The Illinois Department of Corrections (IDOC) settled a publisher?s civil rights complaint challenging the arbitrary ban of Stateville Speaks, a nascent newspaper containing writings by IDOC prisoners. The IDOC amended its mail regulations regarding ?unacceptable publication? …
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 • April 15, 2007 • from PLN April, 2007
PLN Sues Dallas County Jail for Censorship by On February 26, 2007, Prison Legal News filed suit against the Dallas County Jail in Dallas, Texas, challenging the jail?s total ban on magazines and newspapers. PLN claims the policy, which took effect on March 31, 2006, violates the publication?s right to …
Article • March 15, 2007 • from PLN March, 2007
From the Editor by Paul Wright This editorial is being written in Wichita, Kansas on February 14, 2007. For the past two days PLN?s executive director, Don Miniken, and I have been attending the bench trial before USDC Judge Monte Belot in Prison Legal News v. Werholtz. PLN filed the …
9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition” by 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a "Prison Condition" The Ninth Circuit Court of Appeals upheld the dismissal of an Idaho prisoner's suit for non-exhaustion, concluding that the …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
Brief • December 12, 2006
Powell v. Ellis, AZ, Injunction, Unconstitutional Mailroom Policy, 2006
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
Article • September 15, 2006 • from PLN September, 2006
Filed under: Mail, Publications/Books
Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages by John Dannenberg by John E. Dannenberg As previously reported in PLN, the Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court ruling (Prison Legal News v. Lehman, 272 F.Supp.2d 1151 (W.D. Wash. 2003); …
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