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Article • May 15, 2012 • from PLN May, 2012
Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads by David Reutter by David M. Reutter On September 16, 2010, an Indiana U.S. District Court held that a prison regulation prohibiting prisoners from advertising for pen-pals and receiving materials from services that advertise for or provide pen-pals did not violate …
Article • May 15, 2012
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry by Petitioner Curtis Eugene Rowland, a prisoner at the Pen Unit of the Nebraska Penal and Correctional Complex brought two separate civil rights actions against prison officials in 197l. His § 1983 claim regarding denial of mail was …
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners by The Tenth Circuit Court of Appeals in March, 1972, reversed and remanded a § 1983 complaint wherein Petitioner alleged certain religious liberties, violations, and mail issues. Prior to the instant action, Petitioner Eddie Hoggro brought his cause before the U.S. …
Article • May 15, 2012
New York District Court Rules Jail Prisoners Entitled to Newspaper Access by Relying on extensive case law, the U.S. District Court, Eastern District of New York, held that Suffolk County Jail offered no reasonable basis for total restriction on prisoner’s access to newspapers. Petitioner also alleged denial of effective medical …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • May 15, 2012
Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter by The publisher of the newsletter for a Louisiana organization advocating for prisoners and a Louisiana state prisoner filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after Louisiana prison system officials refused to distribute a mass mailing of …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Article • May 15, 2012
Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad by Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad The Supreme Judicial Court of Massachusetts held that a prison policy governing censorship of incoming mail was unconstitutionally vague and overbroad. The court also held that another policy requiring …
Article • May 15, 2012
California Prisoner's First Amendment Claim Survives Motion for Summary Judgment by In September 2011, U.S. District Judge Phyllis J. Hamilton issued an order tentatively permitting a California prisoner's First Amendment claim to proceed following the filing of a motion for summary judgment by the defendant prison officials in the case. …
Article • April 15, 2012 • from PLN April, 2012
Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit by On March 8, 2012, U.S. District Court Judge John A. Mendez entered a preliminary injunction against the County of Sacramento, California in a lawsuit that alleges unconstitutional censorship of publications sent to prisoners at the county’s jail. …
Article • April 15, 2012 • from PLN April, 2012
Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal challenging the Bureau of Prisons’ (BOP) implementation of the Ensign Amendment, a law that prohibits the expenditure of federal funds “to distribute or make available to …
Brief • March 9, 2012
Prison Legal News v. Geatreaux - East Baton Rouge, LA, Complaint, Censorship, 2012
Brief • March 8, 2012
Diaz-Wassmer v. Ferriter, MT, Settlement, English-Only Mail Policy, 2012 Case 6:10-cv-00060-RKS Document 41 Filed 03/08/12 Page 1 of 5 Jennifer A. Giuttari Montana Legal Justice, PLLC 415 N. Higgins Ave., Suite 1 Missoula, MT 59802 (406) 356–6546 jeng@montanalegaljustice.com Attorney for Plaintiff Colleen E. Ambrose Ira Eakin Montana Department of Corrections …
Brief • March 7, 2012
Prison Legal News v. Columbia Co Sheriff Office, OR, Amicus Brief, 2012 Case 3:12-cv-00071-SI Document 47 Filed 03/07/12 Page 1 of 14 Page ID#: 1507 Lynn S. Walsh, OSB #924955 email: walsh@europa.com 209 SW Oak Street, Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Amicus Curiae Partnership …
Article • February 15, 2012 • from PLN February, 2012
Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Mike Brodheim On January 31, 2011, a divided Ninth Circuit panel reversed the grant …
Article • February 15, 2012
Federal Court Holds New Jersey Prisoner's PLN Denial Claim is Valid by On February 23, 2011, a federal court held that a New Jersey state prisoner's suit complaining of, among other issues, prison officials denying him access to Prison Legal News, stated a valid claim. Raheem Taylor, a New Jersey …
PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies by On January 10, 2012, Prison Legal News settled a First Amendment censorship suit against the Sheriff’s Office for Berkeley County, South Carolina. The settlement includes changes at the Berkeley County Detention Center (BCDC) …
Brief • February 13, 2012
Hamilton v. Hall, FL, Settlement, Post Card Policy Outgoing Mail, 2012 Case 3:10-cv-00355-MCR-EMT Document 158 Filed 02/13/12 Page 1 of 17 Case 3:10-cv-00355-MCR-EMT Document 133-1 Fileci12/01/11 Page 1 of 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON et aL, Plaintiffs, v. No.3: 10-cv-355 MCRIEMT WENDELL …
Article • January 15, 2012 • from PLN January, 2012
PLN Wins $230,000 in Settlement that Ends Spokane, Washington Jail’s Postcard-Only Rule by by Matt Clarke In July 2011, the Board of County Commissioners of Spokane County, Washington agreed to pay $230,000 to Prison Legal News to settle a federal lawsuit challenging unconstitutional restrictions on prisoners’ mail at the Spokane …
Brief • January 11, 2012
Muthana v. Hofbauer, MI, R&R, Destruction of Mail Written in Arabic, 2012 Case 2:11-cv-00132-GJQ-TPG Doc #41 Filed 01/11/12 Page 1 of 13 Page ID#635 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALI MUSAID MUTHANA, Plaintiff, v. Case No. 2:11-cv-132 Honorable Gordon J. Quist GERALD HOFBAUER …
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