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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 …
Article • March 15, 1997 • from PLN March, 1997
Congress Bans Porn in Federal Prisons by Paul Wright With little notice and no fanfare on September 30, 1996, president Clinton signed into law the mammoth Omnibus Consolidated Appropriations Bill, PL 104-208, which is the federal government's budget. Section 614 of the law states: "None of the funds made available …
Article • February 15, 1997 • from PLN February, 1997
Washington Grievance Mail Case Reversed by The court of appeals for the ninth circuit held that mail to and from government agencies is entitled to no special treatment and may be read and censored by prison officials outside the prisoner's presence. In the September, 1994, issue of PLN we reported …
Article • November 15, 1996 • from PLN November, 1996
Publisher Entitled to Notice of Magazine Censorship by The court of appeals for the fourth circuit held that publishers are entitled to notice and an opportunity to be heard when their publications are censored by prison officials. Virginia DOC Operating Procedure 852 sets forth the process by which censorship of …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Article • July 15, 1996 • from PLN July, 1996
No Immunity for Washington Religious Name Retaliation by The court of appeals for the ninth circuit held that prisoners have a clearly established right to use legally adopted religious names and prison officials were not entitled to qualified immunity for violating that right. The court also held such prisoners did …
Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …
Article • April 15, 1996 • from PLN April, 1996
Seventh Circuit Decides "Mail Box" Rule by In a case of first impression in that circuit, the court of appeals for the seventh circuit ruled that a prisoner's pleadings are considered "filed" with the court when they are given to prison officials for mailing. The case involves an Illinois state …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Ohio Update by John Perotti At Mansfield Correctional Institution (MANCI) the warden, Dennis Baker, Major Mack, the Business Manager, and two guards were placed on administrative leave while the FBI and State Highway Patrol (SHP) investigated allegations they accepted gratuities and kickbacks from a prisoner, J. Crow, whom they allowed …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Article • October 15, 1995 • from PLN October, 1995
WA Publisher Only Rule Challenged by In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
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