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9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition” by 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a "Prison Condition" The Ninth Circuit Court of Appeals upheld the dismissal of an Idaho prisoner's suit for non-exhaustion, concluding that the …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
Brief • December 12, 2006
Powell v. Ellis, AZ, Injunction, Unconstitutional Mailroom Policy, 2006
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
Article • September 15, 2006 • from PLN September, 2006
Filed under: Mail, Publications/Books
Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages by John Dannenberg by John E. Dannenberg As previously reported in PLN, the Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court ruling (Prison Legal News v. Lehman, 272 F.Supp.2d 1151 (W.D. Wash. 2003); …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
Article • July 15, 2006 • from PLN July, 2006
Settlement Permits Free and Gift Publications to Connecticut Prisoners by Prisoners in the Connecticut Department of Corrections (CDOC) can now receive free and gift publications that were previously banned under Administrative Directive 10.7, according to the terms of a March 18, 2004, settlement agreement. A.D. 10.7 prohibited prisoners from receiving …
Article • July 15, 2006 • from PLN July, 2006
$232,700 in Attorney Fees Awarded In Colorado Censorship Settlement by Bob Williams The United States District Court for the District of Colorado on April 26, 2005, awarded $232,700 in fees and costs after a Settlement Agreement was reached over the rejection of numerous magazines and books by the Colorado Department …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • April 15, 2006 • from PLN April, 2006
Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded by John Dannenberg by John E. Dannenberg On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian …
Article • March 15, 2006 • from PLN March, 2006
Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit by Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit A Texas court of appeals has held that a claim that two Texas state prison guards removed a law book from a prisoners …
From the Editor by Paul Wright In addition to PLN's own censorship litigation for prisoners we also undertake advocacy and support for prisoner rights on behalf of prisoners in other court cases. In the current supreme court term, PLN submitted an amicus brief in Goodman v. Georgia, a case involving …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
PLN in Court by by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously …
Article • June 15, 2005 • from PLN June, 2005
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees by by Bob Williams Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship. The 42 U.S.C. …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING …
Brief • 2005
Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION …
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