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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. …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Article • May 15, 2007
Prison's Spending Cap Policy May State First Amendment Claim by The U.S. Tenth Circuit Court of Appeals reversed in part pre- service dismissal of a prisoner's civil rights complaint in which he claimed that a prison policy capping the amount of money prisoners can spend monthly from their accounts violates …
Article • May 15, 2007
Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim by Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim The U.S. Ninth Circuit Court of Appeals upheld denial of qualified immunity to defendant prison officials by a California federal district court in a case where a Jewish prisoner …
Article • May 15, 2007
Qualified Immunity Discussed in Texas Over Detention Suit by The Fifth Circuit Court of Appeals held that jail officials failed to present sufficient evidence to allow the question of qualified immunity to be submitted to the jury. This action was filed by a former prisoner of the Dallas County Jail …
Article • May 15, 2007
Qualified Immunity to Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that the …
Rhode Island DOC May Be Liable for Virginia's Treatment of Prisoners by The U.S. First Circuit Court of Appeals held that Rhode Island corrections officials may be liable for unconstitutional treatment of Rhode Island prisoner held in Virginia prisons. Bernardo Figueroa is a prisoner in custody of the Rhode Island …
Article • May 15, 2007
Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail by Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail A Wisconsin Federal District Court held that a civilly committed sex offenders' security related seclusion placements did not violate the offenders' substantive due process rights, …
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