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Article • April 15, 2013
Washington Photo Confiscation/Destruction Not Negligent by The Washington State Court of Appeals upheld a lower court's dismissal of a prisoner's negligence claim for the confiscation and destruction of family photographs. Kurt Engle was convicted of raping and molesting his minor daughter and son. The trial court ordered that Engle was …
Article • April 15, 2013
Wisconsin Appeals Court Orders Photos Delivered to Prisoner by Michael Rigby On July 22, 2010, the Wisconsin Court of Appeals, District IV, held that three prison employees – sued over their involvement in withholding pictures deemed pornographic by Department of Corrections policy – were entitled to qualified immunity. The court …
Article • April 15, 2013
Filed under: Mail, Publications/Books
Ninth Circuit Affirms Confiscation of Book about Black Panthers Sent by Mail to Prisoner by In an unpublished opinion, the Ninth Circuit affirmed the grant of summary judgment to prison officials who confiscated a book from a prisoner’s incoming mail. In 2009, prison officials seized a book, The Black Panthers …
Brief • March 26, 2013
PLN v Chapman, GA, Order PI, Postcard Only, 2013 Case 3:12-cv-00125-CAR Document 42 Filed 03/26/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION PRISON LEGAL NEWS, a Project of : THE HUMAN RIGHTS DEFENSE : CENTER, a Not for Profit …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Mail, Legal Mail
Indigent Prisoner’s Damages Claim in Legal Mail Case Survives Summary Judgment by The Court of Appeals for the Sixth Circuit has reversed a grant of summary judgment to defendant prison officials in a civil rights case challenging a policy that requires indigent prisoners to leave their legal mail unsealed for …
Article • March 15, 2013 • from PLN March, 2013
Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates by The American Civil Liberties Union of Oregon filed a federal lawsuit against a county jail in June 2012, challenging a policy that prevented prisoners from receiving ACLU correspondence. County officials quickly agreed to change the policy and the suit …
Article • March 15, 2013
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed by The Third Circuit Court of Appeals reversed the grant of summary judgment to officials at Pennsylvania’s State Correctional Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail …
Article • March 15, 2013
Filed under: Appeals, Mail, Legal Mail
Oregon Service by Mail Adds 3 Days by The Oregon Court of Appeals vacated a lower court's dismissal of a prisoner's appeal as untimely. The court held that a state rule of civil procedure added three days to the applicable time limit. Oregon prisoner William Harvey sued Elizabeth Christie in …
Mann v. Failey et al, SC, Order, guard brutality retaliation, 2016 Mann v. Failey, C/A No. 0:11-2232-RMG (D.S.C. Mar 05, 2013) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Mann v. Failey C/A No. 0:11-2232-RMG (D.S.C. Mar 05, 2013) D.S.C. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …
Murphy v. Lockhart, MI, Settlement, escape retaliation religious rights mail telephone family segregation, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TIMOTHY MURPHY, #183248, Plaintiff, No. 2:10-cv-11676 V. HON. DAVID M. LAWSON SEAN LOCKHART, THOMAS BIRKETT, RAYBOWERSON, MICHAEL KRAJNIK, SARAH BEARSS, KENNETH WERNER, MAG. LAURIE J. MICHELSON …
Brief • February 20, 2013
Underwood v. Manfre, FL, Class Action Complaint, Postcard Only Mail Policy, 2013 Case 3:13-cv-00192-UAMH-TEM Document 1 Filed 02/20/13 Page 1 of 19 PageID 1 ·FILED UN ITED STATES DISTRICT COURT 1013FEB20 AH II: 40 M IDDLE DISTRICT OF FLORIDA CLERII. US DISTRIC T cour" Jacksonville Di vision HtOOLE OISiRiCT OF …
Article • February 15, 2013 • from PLN February, 2013
From the Editor by Paul Wright I would like to thank everyone who has donated to the Human Rights Defense Center/Prison Legal News annual fundraiser. As of mid-January 2013 we had raised a little over $29,000 of our $60,000 goal to continue the Campaign for Prison Phone Justice, and still …
Article • February 15, 2013 • from PLN February, 2013
Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide by On March 9, 2012, the Seventh Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights action that alleged violation of his constitutional rights due to the censorship of two books by prison officials. James Munson, …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Brief • January 7, 2013
Prison Legal News v Chapman et al., GA, ACLU Amicus Brief, Censorship Mail Policy, 2013 Case 3:12-cv-00125-CAR Document 27-1 Filed 01/07/13 Page 1 of 33 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, a Not for Profit …
Article • December 15, 2012 • from PLN December, 2012
Virginia Prison Policy Prohibiting Secular, Non-Religious CDs Held Unconstitutional by On February 7, 2012, a U.S. District Court held that a Virginia Department of Corrections (VDOC) policy prohibiting prisoners from purchasing or possessing secular spoken-word compact discs was unconstitutional. The court invalidated the policy but also granted qualified immunity to …
Article • November 15, 2012 • from PLN November, 2012
Filed under: Mail, Mail Regulations
Florida Jail Abandons Postcard-Only Mail Policy, Pays Prisoners’ Attorney Fees by In February 2012, a Florida U.S. District Court approved a consent decree that settled a civil rights action challenging a postcard-only mail policy at the Santa Rosa County Jail (SRCJ). As a result of the settlement, prisoners are no …
Brief • November 10, 2012
Prison Legal News v. Betterton, TX, Complaint, Censorship, 2012 Case 2:12-cv-00699-JRG Document 1 Filed 11/01/12 Page 1 of 8 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PRISON LEGAL NEWS, PLAINTIFF v. ANTHONY BETTERTON, individually and in his official capacity as Sheriff of Upshur County; …
Davis et al v. Abercrombie et al, HI, Letter to Gluck ACLU re legal mail, CCA inmate mail policy, 2009 Case 1:11-cv-00144-LEK-BMK Document 191-4 3785 Filed 10/16/12 Page !' f,. 1 of 2 "'- r' 'I \ LL\'IH LINGLE GOVERNOR ('" PageID #: j etA YTON A. FRANI( DIRECTOR DAVID …
Article • October 15, 2012 • from PLN October, 2012
Fifth Circuit Holds Louisiana Prisons Can’t Ban Nation of Islam Newspaper by In 2005, Louisiana prison officials instituted a statewide ban on The Final Call, a newspaper published by the Nation of Islam. The ban was based solely on the content of a statement of beliefs called “The Muslim Program,” …
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