Skip navigation

Search

71795 results
Page 2115 of 3590. « Previous | 1 2 3 4 ... 2111 2112 2113 2114 2115 2116 2117 2118 2119 ... 3586 3587 3588 3589 3590 | Next »

Article • May 15, 2007
Publisher and Prisoner Entitled to Due Process by A federal court in Rhode Island noted that the Supreme Court established minimum due process rights in prison mail cases in Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) holding that prisoners are entitled to "be notified of the rejection …
Article • May 15, 2007
Difference Between Nonprofit and Regular Bulk Rate Mail by The Second Circuit Court of Appeals noted in a New York case that pursuant to the Domestic mail manual, "non-profit organizations . . . are afforded the opportunity to make bulk third-class mailings at special, discounted, bulk third-class rates" if it …
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Article • May 15, 2007
Filed under: Mail, Publications/Books
Sixth Circuit Applies Publisher-Only Rule to Publications by The Sixth Circuit Court of Appeals held in a Michigan case that a jail's regulation limiting prisoners to receipt of magazines from publishers only did not violate the First Amendment. Citing Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979), and …
Article • May 15, 2007
Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 by Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 The United States Supreme Court held in a West Virginia case that fees for services rendered by experts in civil rights litigation may not be shifted to the losing …
Article • May 15, 2007
Filed under: Mail, Legal Mail
Fourth Circuit Upholds "Special Mail" Label Rule by Fourth Circuit Upholds "Special Mail" Label Rule The Fourth Circuit Court of Appeals upheld a federal Bureau of Prisons regulation requiring that incoming prisoner legal mail must be marked "Special Mail - Open only in the presence of the inmate" and the …
Article • May 15, 2007
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice by The Eighth Circuit Court of Appeals held that a Missouri prisoner failed to allege an adequate procedural due process claim with respect to the seizure of his incoming mail without notice, stating: "although the failure to promptly notify [the prisoner] …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Second Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a New York prison rule requiring that outgoing business mail be submitted unsealed and subject to inspection. The court found that the rule advanced the legitimate penological interest of preventing prisoners "from committing fraud …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Eighth Circuit Upholds Outgoing Mail Ban by The Eighth Circuit Court of Appeals upheld a Missouri prison policy authorizing an outgoing mail restriction on mail addressed to parties who have indicated that they do not wish to receive mail from a prisoner. Following Finney v. Arkansas Bd. of Corrections, 505 …
Article • May 15, 2007
Oregon Court Denies PI Against Outgoing Mail Ban by A federal court in Oregon held that a mental patient's outgoing mail to elected public officials and attorneys which contained "fearful or threatening material" but which did not advocate violence or illegal activity was entitled to First Amendment protections. The court …
Article • May 15, 2007
Oregon Court Invalidates Civil Committee's Treatment Plan by A federal court in Oregon held that a state hospital committee's treatment plan which precluded him from sending non-threatening, although outrageous, letters to government officials violated the patient's First Amendment rights. This is the same case as Martyr v. Bachik, 755 F.Supp. …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change by The Ninth Circuit Court of Appeals held that a California prisoner was entitled to a preliminary injunction against prison practices that had the effect of interfering with his access to the court. "The gist of this case …
Article • May 15, 2007
Filed under: Mail, Publications/Books
Publisher-Only Rule May Be Invalid as to Authors by The Ninth Circuit Court of Appeals held that a Nevada publisher-only ban on publications may be unconstitutional as applied to authors. The court noted that Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979) held that a publisher only rule …
Article • May 15, 2007
Nude Photograph Case Was Not Frivolous by The Second Circuit Court of Appeals held that a New York prisoner's complaint alleging that a prison policy prohibiting his possession of noncommercial nude photographs violated his First Amendment rights was not so frivolous as to warrant dismissal without giving the prisoner the …
Article • May 15, 2007
Ninth Circuit Discusses Common Law Mailbox Rule by In an action for a tax refund, brought by a Washington state taxpayer against the Internal Revenue Service, the Ninth Circuit Court of Appeals noted that "[u]nder the common law mailbox rule, proper and timely mailing of a document raises a rebuttable …
Article • May 15, 2007
Different Standards for Incoming/Outgoing Mail Censorship by The Sixth Circuit Court of Appeals noted in a Tennessee case that there are two separate standards to be applied to prisoner mail censorship cases. Incoming mail censorship is governed by the test announced in Thornburgh v. Abbott, 490 U.S. 401, 109 S.Ct. …
Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Prisoners Have No Right to Boot Camp by The U.S. Seventh Circuit Court of Appeals held that Wisconsin prisoners excluded from a state "boot camp" program because of their convictions of violent offenses failed to state a claim and their suit was properly dismissed by the district court. Dennis E. …
Page 2115 of 3590. « Previous | 1 2 3 4 ... 2111 2112 2113 2114 2115 2116 2117 2118 2119 ... 3586 3587 3588 3589 3590 | Next »