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$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
PLN Sues Bureau of Prisons Over ADX Censorship by On December 10, 2003, PLN sued Harry Lappin, director of the Bureau of Prisons (BOP), former director Kathleen Hawk Sawyer; Robert Hood and Michael Pugh, the current and former wardens, respectively, of the Administrative Maximum (ADX) facility in Florence, Colorado. The …
PLN Sues Florida DOC Over Censorship and Writer Punishment by On January 12, 2004, Prison Legal News filed suit in federal district court in Jacksonville, Florida, against James Crosby, Secretary of the Florida Department of Corrections and Chester Lambdin, the Warden of the Charlotte Correctional Institution, Joseph Thompson, warden of …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter Censorship has slithered like an unseen serpent into the crevices of the First Amendment and built its noxious nest in our nation's prisons. Prisons across the country, both state and federal, have singled out prison writers for persecution …
Article • December 15, 2003
Court Upholds Prison Library Purge of Titillating Material by Court Upholds Prison Library Purge of Titillating Material The plaintiff challenged the censorship of "the 'Paper Wings' line of books, an adult-fiction serial" after exhausting. During discovery, he said that he had found similar material in the prison library. Prison officials …
Article • November 15, 2003 • from PLN November, 2003
Washington Mail Ruling Published by We reported in the September 2003 issue on a suit brought by PLN where the court issued permanent injunctions ordering the Washington DOC to deliver all bulk mail and catalogs sent to Washington prisoners and to provide due process to the sender and intended recipient …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
California Prison Policy Restricting Book Orders Enjoined by The US District Court (ND Calif.) issued a permanent injunction against officials at the maximum security Pelican Bay State Prison (PBSP) that terminated their policy requiring vendors who shipped books, periodicals, magazines or calendars to PBSP prisoners to use a prison-supplied shipping …
PLN Settles Oregon Censorship Suit for $55,414.31 by On January 29, 2003, the Oregon Department of Corrections (DOC) agreed to settle a censorship lawsuit filed by Prison Legal News by paying $39,914.31 in fees and costs and $15,500 in damages and changing its policies concerning the processing and censorship of …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Article • January 15, 2003 • from PLN January, 2003
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Article • January 15, 2003 • from PLN January, 2003
Hustler Magazine Survives Arizona Prison Obscenity Test by On remand from the Ninth Circuit, the U.S. District Court for the District of Arizona found that prison officials were misapplying the constitutional obscenity standard and improperly seizing a prisoner's copies of Hustler magazine. Prison officials were ordered to pay $65 in …
Article • December 15, 2002 • from PLN December, 2002
Washington Gift Publication Ban Not Clearly Unconstitutional Before Crofton by The Ninth Circuit Court of Appeals held that prior to its opinion in Crofton v. Roe, 170 F.3d 957 (9 th Cir. 1999) it was not clearly established that prison bans on gift publications were unconstitutional. In 1996 a federal …
Article • June 15, 2002 • from PLN June, 2002
Oregon Bulk Mail Ban Struck Down Again by The Ninth Circuit Court of Appeals held that a rule of the Oregon Department of Corrections (ODOC) prohibiting prisoners from receiving bulk rate, third and fourth-class mail, is unconstitutional, as applied to pre-paid, for-profit, subscription publications. The Court also held that a …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
Article • February 15, 2002 • from PLN February, 2002
PLN Sues Utah Jail Over Publication Ban; Jail Settles by In September 2001, Prison Legal News sued the Millard County jail in Utah over its policy of prohibiting jail prisoners from receiving or subscribing to newspapers or magazines, including PLN . The jail censors all publications sent to prisoners. Due …
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