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Article • May 15, 2007
Washington DOC Pays $5,750 in Bunk Fall Case by In January of 1996, prisoner Ronald J. Joyner as injured climbing down from his top bunk. Joyner, a prisoner at Washington Correctional Center in Shelton, Washington, fell climbing from a window ledge onto a chair that collapsed underneath him. Joyner dislocated …
Article • May 15, 2007
Washington DOC Recreation Injury Suit Settled for $9,500 by In August of 2000, the Department of General Administration paid John E. Karas $9,500. Karas, a prisoner at Pine Lodge Facility in Spokane County, Washington, was ordered by a guard to remove bowling pins as the automatic pinsetter was not operating. …
Article • May 15, 2007
Washington DOC Pays $1,063.49 to Settle Slip and Fall by On August 7th, 1997, Alvinia Lott, an employee for the Department of Corrections, fell on the gravel at Clallam Bay Corrections Center in Clallam County, Washington, while leaving work. Lott, then 65, complained that there was no hand rail to …
Washington DOC Pays $4,500 in Kitchen Hose Explosion by On April 11th, David Whitener, a prisoner confined at Washington State Penitentiary in Walla Walla, Washington suffered severe burns while working in the institution's kitchen. Whitmer was washing dishes in the dish tank when the hot water hose attached to the …
Article • May 15, 2007
Ferry Rams Dock, State of Washington Pays $1,294 by On June 8th, 1997, Colleen E. Castanada was riding the Department of Corrections operated Callam Ferry when it rammed into the side of a dock. Castanada, who was on her way to visit a prisoner at McNeil Island Corrections Center in …
Article • May 15, 2007
Washington DOC Settles Ferry Fall Suit for $60,000 by On February 17th, 1993 Fernie Wayne Gay, a resident of McNeil Island, Washington slipped and fell on an icy patch in a ferry dock of McNeil Island's Corrections Center. Gay suffered a variety of injuries including bruises, contusions, a soft tissue …
Article • May 15, 2007
Washington DOC Pays $1,500 to Settle Legal Mail/Discipline Suit by In 1998, the Washington Department of Corrections paid $1,500 to Jenny Hall, a prisoner at Washington Corrections Center for Women in Gig Harbor, WA. for the censorship of her legal mail. In 1996, Jenny Hall mailed a letter to her …
Prison Ban on Writing Religious Leaders Invalidated, Muslim Magazine Allowed by The Fifth Circuit Court of Appeals held that an Atlanta federal penitentiary policy of not allowing prisoners to correspond with religious leaders was unconstitutional and remanded for an order allowing such correspondence. The court also held that Black Muslim …
Article • May 15, 2007
Filed under: Mail Regulations, Juveniles
Ban on Writing Minors Without Parental Consent Invalidated by A federal court in California held that a California prison rule prohibiting prisoners from corresponding with minors whom they were not related by blood or marriage without the prior consent of the minors' parents was unnecessarily broad and invalid under the …
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
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 …
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