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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 …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
Brief • July 30, 2001
Prison Legal News v. Millard County, UT, Complaint, Publication Ban, 2001 • Case 2:01-cv-00580-TS Document 1 • Filed 07/30/2001 Page 1 of 15 "i I~'ILED , r (, ,! '~' T USB # 0215 BRIAN M. BARNARD USB # 8204 JAMES L. HARRIS, Jr. UTAH LEGAL CLINIC Attorneys for PLAINTIFF …
Article • April 15, 2001 • from PLN April, 2001
PLN Strikes Down Oregon Bulk Mail Ban by Paul Wright The court of appeals for the Ninth circuit held that the Oregon Department of Corrections (DOC) ban on third class standard non-profit mail (AKA bulk mail) was unconstitutional and violated the First amendment rights of publishers and prisoners alike. The …
Article • January 15, 2001 • from PLN January, 2001
Alabama Ad Seg Publication Ban Struck Down by On March 20, 2000, a Federal Magistrate recommended declaratory relief striking down a ban on subscription publications in the Alabama Department of Corrections' (DOC) Administrative Segregation (Ad Seg) unit. This recommendation follows a previous ruling where the Court held, after a bench …
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 …
Article • January 15, 2001 • from PLN January, 2001
Wisconsin Supermax Bans Local Paper by When the southwestern Wisconsin town of Boscobel celebrated the grand opening of a 509bed supermax prison in September 1999, the festive atmosphere was likened to a carnival or state fair so happy were the townspeople to bring in jobs, jobs, jobs. Venders hawked sodas, …
9th Circuit Upholds Ban on Sex-based Publications; Requires Due Process by 9th Circuit Upholds Ban on Sex-based publications; Requires Due Process Against a First Amendment challenge, the Ninth Circuit has upheld a prison regulation banning sex-based publications depicting penetration. The Court also held that prisoners have a Fourteenth Amendment due …
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
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 …
Article • August 15, 2000 • from PLN August, 2000
AL DOC Settles PLN Gift Subscription Lawsuit by On March 29, 2000, the Alabama Department of Corrections (DOC) settled a lawsuit filed by Prison Legal News and Alabama prisoner Aven Cotton. The Alabama DOC had previously required its prisoners to purchase books, magazines and newspaper subscriptions using funds from their …
PLN in Court 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 wasn't …
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 …
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, …
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé by PLN Sues Washington DOC over Censorship of Nazi Guard Exposé On August 27, 1999, Prison Legal News filed suit in federal court in Spokane, Washington, seeking a court injunction to ensure the delivery of the May, 1999, issue of …
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