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Article • April 15, 1995 • from PLN April, 1995
Filed under: Mail, Mail Regulations
9th Cir. Clarifies Mailbox Rule by The Federal Rules of Civil Procedure and Appeals set forth numerous time limits by which motions and other documents must be filed, answered, etc. This has led to a large body of case law concerning how prisoners comply with these time limits due to …
Article • March 15, 1995 • from PLN March, 1995
WI Guard Indicted for Mail Obstruction by In the October, 1994, issue of PLN we reported that U.S. Postal investigators were investigating the discovery of large quantities of prisoner mail found in the garbage at the Waupun Correctional Institution in Wisconsin. On December 8, 1994, the US Attorney for the …
AG Mail Must be Treated as Legal Mail by Rakim Muhammad is a Michigan state prisoner. He challenged a Michigan Department of Corrections (MDOC) policy of treating mail to prisoners from the state Attorney generals office as ordinary mail, i.e. opened outside the addressees presence, rather than as legal mail …
Article • February 15, 1995 • from PLN February, 1995
Filed under: Mail, Mail Regulations
9th Cir Reverses Dismissal of Publisher Only Rule by PLN rarely reports on unpublished decisions because they cannot be cited as binding precedent. But in some cases prisoner litigants benefit from knowing cases that have been decided by the courts in their relevant circuits as well as new avenues of …
Article • February 15, 1995 • from PLN February, 1995
Prisoners Entitled to Free Legal Mail Postage by Several prisoners at the Iowa Mens Reformatory (IMP) f led suit under 42 U.S.A. § 1983 seeking injunctive relief from the prisons policy of denying indigent prisoners in administrative segregation any free legal or personal postage. Prisoners in ad seg are not …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
Article • February 15, 1995 • from PLN February, 1995
CT Phone Suit Filed by The Connecticut Civil Liberties Union (CCLU) has filed suit against the Connecticut DOC over a phone monitoring system recently implemented by the DOC. Washington v. Meachum, Case No. CV-94-0534616S was certified as a state wide class action suit on May 3, 1994, in the state …
Article • January 15, 1995 • from PLN January, 1995
Legal Papers Filed When Mailed by Prisoner litigants representing themselves face greater problems when litigating than do most ordinary litigants. Not only are they usually untrained in the law but they lack control over basic things such as the mail. Courts operate on deadlines which often result in penalties for …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
Article • October 15, 1994 • from PLN October, 1994
Prisoner Mail Trashed at Waupun by In the editorial in the September, 1994, issue of PLN, we noted that subscribers at the Waupun Correctional Institution at Waupun, WI. had complained of not receiving their issues of PLN. Shortly thereafter we learned why. The August 4, 1994, edition of the Wisconsin …
Article • September 15, 1994 • from PLN September, 1994
WA Mail Policy Illegal by Timothy O'Keefe is a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. In October, 1993, O'Keefe tried to mail six pieces of outgoing mail as legal mail. The letters were addressed to the prison warden; US Postal Inspector; State Higher Education Coordinating Board; …
Article • August 15, 1994 • from PLN August, 1994
Oppression on the Rise in Arizona by O'Neil Stough By O'Neil Stough Arizona has joined the ranks of many other prisons nationwide where oppressive and tried-and-failed barbaric methods of the distant past are being re-instituted. Governor Fife Symington, up for reelection this year, and Director of Corrections, Sam Lewis whose …
WA Punishment for Use of Religious Name Illegal by Dawud Halisi Malik By Dawud Halisi Malik On January 5, 1978, the superior court of the county of Walla Walla accepted my petition for name change as I had adopted Al-Islam as my religion. On May 8, 1990, I arrived at …
Brief • July 25, 1994
Filed under: Mail, Mail Regulations
Volstead v. Frost, WA, Amended Complaint, Mail Rejection, 1994 flli!O IN Tl-lE U.S. DISTRICT COURT EASTeRN 01$11111:" OF WK.HIN\;TON RECC:IV ED JUL 2 1 1994 ~, - r ... , JAMES R. LAASEN. CLERK _ _ _ _ _ OEPUrt 'J .' • z,...,.. . ,J.' 'i'.f..C" ( .~I",'I q …
RFRA Has Retroactive Application by Adherents of the Hebrew Israelite faith challenged Florida prison regulations which forbade their receipt of Hebrew Israelite literature. A class action suit challenging the censorship culminated with a victory for the prisoners at 641 F. Supp 312 in 1986. The court of appeals for the …
Article • July 15, 1994 • from PLN July, 1994
Non-English Mail Okay by Khannfeuang Thongvanh is an Iowa state prisoner. Thongvahn is a native Laotian whose primary language is Lao, though he speaks some English. Prison rules mandate that all incoming and outgoing prisoner correspondence be in English to allow for censorship. Prison officials at the Iowa State Reformatory …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
Article • May 15, 1994 • from PLN May, 1994
Consent Decree Creates Right to Uninspected Legal Mail by In 1976 prisoners at the Indiana State Reformatory in Pendleton, IN filed suit challenging the conditions at the prison. In 1977 the parties entered into a consent decree settling the suit. With respect to legal mail the decree provided that it …
Article • April 15, 1994 • from PLN April, 1994
5th Cir. Guts Legal Mail Standard by Van Lee Brewer and Claude Harris are Texas state prisoners. They filed suit under § 1983 claiming that prison officials had opened and read their incoming legal mail from the courts, attorneys and government officials outside their presence. They also claimed their outgoing …
Article • March 15, 1994 • from PLN March, 1994
Filed under: Mail, Mail Regulations
Needs Mail Stamping of Prisoner Mail Information by Reader Mail On November 1, 1993, Wisconsin Prisons started to stamp prisoner mail as originating in a prison. We filed for a temporary injunction in the U.S. District Court for the Western District of Wisconsin. On October 28, 1993, the court came …
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