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Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Article • May 15, 2007
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Article • May 15, 2007
Racial Discrimination Case Reversed and Remanded for Damages by The U.S. Court of Appeals for the Eighth Circuit reversed a U.S. district court's finding that a Nebraska prison official did not racially discriminate against a state prisoner and remanded for a damages hearing. Prisoner Plaintiff brought a §1983 action after …
Article • May 15, 2007
Houston v. Lack Tolls Statute of Limitations by The U.S. Second Circuit Court of Appeals held that the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed2d 245 (1988) tolls the statute of limitations during the interval between the date a prisoner delivered to prison …
Article • May 15, 2007
Filed under: Visiting, Access to Media
Prisoners Have No Right to Face-to-Face Media Interviews by The Supreme Court held that neither prisoners nor the media have the right to conduct face-to-face interviews with specific prisoners designated by members of the media. California state prisoners and media members sought permission for face-to-face interviews. Prison officials denied permission …
Michigan Sex Offender Registration Enjoined by The United States District Court, E.D. Michigan, Southern Division found that the Michigan statute requiring the registration of sexual offenders violated due process. The statute was challenged by a plaintiff convicted of a sex offense which mandated continuing legal obligations, public disclosure, and criminal …
Article • May 15, 2007
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Article • May 15, 2007
Eighth Circuit Approves Sexually Explicit Reading Rooms by The Eighth Circuit Court of Appeals upheld an Iowa prison rule prohibiting prisoners from possessing certain sexually explicit materials in their cells but allowing those publications to be reviewed in a reading room. The court held that the ban is constitutionally valid …
Article • May 15, 2007
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban by In 1982, the Ninth Circuit Court of Appeals held that a Montana prison rule prohibiting nude photographs was too broad and that less restrictive alternatives existed. The court also held that a ban on sexually explicit magazines such as Hustler violated the …
Article • May 15, 2007
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials by Following remand in Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982), Montana prison officials appealed the Ninth Circuit's nude photograph ruling. The appeal was dismissed "because it is frivolous and brought in bad faith to vex, …
Article • May 15, 2007
Fifth Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a Texas prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guajardo v. Estelle, 568 F.Supp. 135 (SD TX 1983) …
Article • May 15, 2007
Supreme Court Defines "Obscenity" by The United States Supreme Court held in a California case that obscenity "must . . . be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as …
Article • May 15, 2007
Filed under: Mail, Due Process
Court Ordered Interception of Mail Requires Notice & Hearing by Court Ordered Interception of Mail Requires Notice & Hearing The Ninth Circuit Court of Appeals held that a federal judge in Washington erred in issuing a post-sentencing order directing a federal prisoner's custodian to prevent the prisoner from communicating with …
Article • May 15, 2007
Seventh Circuit Upholds BOP Nude Photograph Ban by The Seventh Circuit Court of Appeals upheld a federal prisoner's challenge to the rejection of personal photographs of nude and seminude female acquaintances. The rule in question prohibited personal photographs but allowed photographs published for commercial use. The court held "that the …
Article • May 15, 2007
Ninth Circuit Upholds Washington Legal Mail Inspection Rule by The Ninth Circuit Court of Appeals upheld an order of a Washington state superior court, requiring a contraband inspection of all mail from prisoners to that court. "In April, 1977, the Superior Court for Walla Walla County, issued a prison mail …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment on Segregation Mail Ban by The Eighth Circuit Court of Appeals reversed an Arkansas district court judgment granting summary judgment to prison officials in a case involving the denial of mail privileges to segregated prisoners. The court noted that the district court acknowledged that the …
Article • May 15, 2007
Tenth Circuit Upholds Injunction Against Juvenile Mail Censorship by The Tenth Circuit Court of Appeals upheld a district court's holding that a Utah private school for youths with behavioral problems violated the First and Fourteenth Amendment rights of the students by monitoring and censoring their outgoing mail and forcing the …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Reverses Summary Judgment on Incoming Mail Censorship by The Second Circuit Court of Appeals reversed a New York District Court's grant of summary judgment to prison officials concerning the reading of a federal prisoner's incoming mail. The court noted that "[n]o issue has been raised . . . …
Article • May 15, 2007
Georgia Prison Censorship Rules Violate Procunier Standard by A federal court in Georgia held that a prison's mail censorship rules were invalid under Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974). The court held that the practice of intercepting outgoing letters that prison officials "believed were misleading" or …
Supreme Court Discusses § 501(c)(3) Tax Exempt Status by The United States Supreme Court held that a South Carolina nonprofit private school, which prescribed and enforced racially discriminatory admission standards on the basis of religious doctrine, did not qualify as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. …
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