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Article • October 15, 1998 • from PLN October, 1998
Denial of Legal Materials Sent by Relatives Upheld by The court of appeals for the Eighth circuit, sitting en banc, held that Missouri prison officials were entitled to qualified immunity from money damages for denying a prisoner a package of legal materials sent by a relative. The court held it …
Article • October 15, 1998 • from PLN October, 1998
Utah Porn Ban Rescinded; Suit Settled by In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Reaching the Breaking Point by M L A guy was mad over having his letter rejected because his girlfriend said something [in the letter] about sex. He was also tired of being lied to about getting out of IMU [Intensive Management Unit, Washington state's version of a 23/7 Control Unit]. …
Article • March 15, 1998 • from PLN March, 1998
WSP Mail Rules Upheld by Joseph Allen filed suit challenging various aspects of the mail policy at the Washington State Penitentiary. After filing suit Allen did no discovery and when the defendants moved for summary judgment he did not bother responding. Not surprisingly, the court ruled against Allen. Surprisingly, the …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
Article • February 15, 1998 • from PLN February, 1998
Actual Injury Required in Legal Mail Claim by In the December, 1995, issue of PLN we reported Bieregu v. Reno , 59 F.3d 1445 (3rd Cir. 1995) where the third circuit held that a prisoner need not show harm to a court claim when the confidential) of his legal mail …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Article • January 15, 1998 • from PLN January, 1998
Legal Material Confiscation May Violate First Amendment by The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • November 15, 1997 • from PLN November, 1997
ACLU and PLN Challenge Washington DOC Censorship by In its 1995 session the Washington state legislature considered HB 1054, which would have censored a wide variety of publications sent to prisoners based on their "sexual" or "violent" content. HB 1054 was not passed but the DOC got the message and …
Brief • October 17, 1997
Filed under: Mail, Mail Regulations
Miniken v. Walter, WA, Order, Mail Restrictions, 1997 I , 1 RECEIVED" \9~: OCT 17 BRI~KLlN &. GENDLE.R, I L P . us. ~~~:~ig~RT UNITED STATES DISTRICT COURTEastern District of Washington EASTERN DISTRICT OF WASHINGTON 2 0CT 1 5 1997 JAMES R. LARSEN. CLERK 3 _ - - - - …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
Brief • August 7, 1997
Humanists of Washington v. Lehman, WA, Complaint, DOC Mail Censorship, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA HUMANISTS OF WASHINGTON; THE NATIONAL …
On the Edge of Midnight by Mr Wolf by Mr.Wolf An extraordinary ruling by the ninth circuit court of appeals in Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. 1996), brought the Arizona prison system to the brink of disaster during the 1996 holiday season. The ruling is …
Article • May 15, 1997 • from PLN May, 1997
Sixth Circuit Defines Legal Mail by The court of appeals for the sixth circuit has held that "legal mail" encompasses legal materials delivered to prisoners by any means, not just via the postal system. As such, the legal materials cannot be inspected outside the prisoner addressee's presence. Temujin Kensu is …
RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …
Article • April 15, 1997 • from PLN April, 1997
Connecticut Supreme Court Upholds Phone and Mail Restrictions by In the February, 1995, issue of PLN we reported that Connecticut state prisoners had filed a class action suit in state court challenging prison regulations that required the recording of prisoner phone calls and that prisoners, outgoing mail could be read …
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