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Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Limited Law Library Time, Postage, Not Denial of Access by The U.S. Court of Appeals for the Tenth Circuit held that an Oklahoma prisoner's constitutional rights were not violated by the cancellation of a bland diet, transfer to maximum custody, limited amount of time in law library or prison's indigent …
Article • May 15, 2007
Ohio Prisoner Mail Censorship Rule Violates Due Process by The Sixth Circuit Court of Appeals held that an Ohio prison regulation authorizing the censorship of incoming prisoner mail was not unconstitutionally overbroad on its face but that it did violate due process. An Ohio prisoner's incoming mail, written on Ku …
Article • May 15, 2007
$23,000 Washington DOC Negligence Baseball Field Maintenance Settlement by In 1992, Willie Tripplet, a prisoner confined at Pine Lodge Pre-Release in Medical Lake, Washington. was injured during a recreational baseball game. Tripplet tripped in a hole in front of home base as he attempted to slide, injuring his right hand, …
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 …
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