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AZ Prisoners Can't Access Internet, But the Net Accesses Them by A state law that went into effect July 18, 2000 makes it a Class 1 Misdemeanor for Arizona prisoners to "send mail or receive mail from a communication service provider or remote computing service." The law imposes penalties for …
Conditions Claims Viable in WA PRP by A Washington state appeals court held that conditions of confinement claims are cognizable under the state's Personal Restraint Petition (PRP) system. In doing so, the court upheld a ban on a sex offender's correspondence with his 11-year-old niece. Robert Arseneau was convicted of …
PLRA Attorney's Fees Cap Applies to Nonprisoner Intervenors by The Fourth Circuit has held that a publisher who intervened in a law suit filed by prisoners is subject to the attorney fees cap of the Prison Litigation Reform Act. Virginia state prisoners Donald Hodges and Michael Flores sued Keen Mountain …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
Article • December 15, 2000 • from PLN December, 2000
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
Discipline for Correspondence Containing Legal Advice Vacated; US S.Ct. Grants Review by The Ninth Circuit Court of Appeals held that punishment imposed upon a prisoner law clerk for sending a letter containing legal advice to another prisoner was an exaggerated response, which violated the law clerk's First Amendment rights. While …
Article • October 15, 2000 • from PLN October, 2000
WI DOC Ends Censorship of PLN by In early August 2000, the Wisconsin Department of Corrections (DOC) announced it would end its haphazard ban on PLN in Wisconsin prisons. Since January 2000, some Wisconsin prisons had refused to allow prisoners to subscribe or renew their subscriptions to PLN by paying …
Article • September 15, 2000 • from PLN September, 2000
Filed under: Mail, Mail Regulations
PLN Sues Nevada DOP by On June 11, 2000, PLN filed suit against the Nevada Department of Prisons for censoring PLN at all Nevada prisons. Beginning in September, 1999, Nevada prison officials have banned PLN from all Nevada prisons claiming that "inmate correspondence" and "inmate newsletters" are not allowed. Efforts …
Article • September 15, 2000 • from PLN September, 2000
Censorship challenged in CO DOC by Censorship Challenged in CO DOC Eight publishers, the Association of Alternative Newsweeklies, and seven Colorado prisoners have filed suit in Federal District Court challenging the Colorado Department of Corrections (CDOC) Administrative Regulation (AR) 300-26 governing prisoner reading material. Over the past three years the …
Retaliation, Publication Ban and Lack of Dental Care States Claim by The court of appeals for the Eighth circuit held that a prisoner's complaint that he was retaliated against for using the prison grievance system, denied access to all publications and denied dental care, stated a claim. Missouri prisoner Percy …
Article • April 15, 2000 • from PLN April, 2000
En Banc Ninth Circuit Upholds Jail Porn Ban by Paul Wright By Paul Wright In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) where a panel of the Ninth circuit appeals court held that a jail policy banning all sexually explicit …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Mail, Mail Regulations
Michigan DOC Settles Lawsuit Over PLN Book Ban by In April, 1999, the Michigan DOC settled a class action lawsuit filed by Prison Legal News, Common Courage Press, and Michigan prisoners Larry Lynch and Calvin Holmes over the censorship of the PLN anthology, The Celling of America: An Inside Look …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
Article • June 15, 1999 • from PLN June, 1999
Florida Porn Ban Challenged by On December 31, 1998, an amended complaint was filed in the US district court for the Southern District of Florida in Miami challenging the Florida Department of Corrections' ban on sexually explicit material. In 1998 the Florida DOC changed Florida Administrative Code (FAC) 33-3.012 to …
Utah Jail Censorship Suit Settled for $68,682 by On October 28, 1998, a class action suit challenging various censorship rules at the Davis County Jail in Utah was settled for $11,682 in damages and $57,000 In attorney's fees. In 1995 the Davis County Jail enacted policies banning books, newspaper clippings …
Article • April 15, 1999 • from PLN April, 1999
From the Editor by Paul Wright In January the Washington prison system implemented new mail censorship rules. This is in line with the national trend by prisons and jails who seek to cut off the flow of information to prisoners and also keep outsiders as ignorant as possible of what …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Arizona Jail Porn Ban Struck Down by The court of appeals for the Ninth circuit held that a jail rule banning all sexually explicit materials was unconstitutional. In 1993 the Maricopa county jail in Phoenix, Arizona, adopted rules banning all sexually explicit materials from receipt or possession by Jail prisoners. …
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