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Article • November 15, 2011
Filed under: Mail, Mail Regulations
US District Court in South Carolina Rules against Prisoner Challenging Withholding of Mail to Prisoner that Violated Jail Policies by By Derek Gilna In a decision published September 14, 2010, the United States District Court for the District of South Carolina, in the matter of Michael R. Ray v. Sheriff …
Article • November 15, 2011
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff …
Brief • November 10, 2011
Filed under: Mail Regulations
Barrett v. Williams et al, OR, Complaint, ODOC NM prisoner to prisoner mail policy, 2011 Case 6:11-cv-06358-HZ • !tJ " Document 2 -rl-t(.. L\,N~-rE[) FDR. THE Filed 11/10/11 S'"iA'l£~ Page 1 of 23 Page ID#: 6 I)fs,lZU.r C5I..l1l.f OrS'fJtr.::.-r Of: Op-£&o/V .JA CDB DAIt~E. if I PIA'I"f'l ~~ fro> Se. …
Article • October 15, 2011 • from PLN October, 2011
FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny by David Reutter by David M. Reutter In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals …
Article • October 15, 2011 • from PLN October, 2011
Human Rights Defense Center Litigation Update by Lance Weber This month marks the beginning of my second year practicing law with the Litigation Project of the Human Rights Defense Center. The Litigation Project was envisioned by PLN founder Paul Wright as a complement to HRDC’s principal project, Prison Legal News, …
Article • October 15, 2011 • from PLN October, 2011
Postcard-Only Mail Policy Enjoined at Colorado Jail by On December 20, 2010, Chief U.S. District Court Judge Wiley Y. Daniel issued a preliminary injunction against a postcard-only mail policy instituted at the El Paso County Jail in Colorado Springs, Colorado. The injunction resulted from a class-action lawsuit filed by a …
Article • October 15, 2011 • from PLN October, 2011
Prison Legal News Sues Arizona Jail Over Restrictive Mail Policy by On September 7, 2011, Prison Legal News, represented by the American Civil Liberties Union of Arizona (ACLU) and the law firm of Rosen, Bien & Galvan, LLP, filed a federal lawsuit challenging the constitutionality of a Pinal County, Arizona …
Article • October 15, 2011 • from PLN October, 2011
PLN Sues Kansas Jail Over No-Publication Policy by On August 31, 2011, Prison Legal News filed a federal lawsuit against the Board of Commissioners for Shawnee County, Kansas and Richard Kline, Director of the Shawnee County Department of Corrections. PLN’s suit alleges First Amendment violations due to a policy at …
Article • September 15, 2011
Filed under: Mail, Photos, Mail Regulations
Seventh Circuit: Wisconsin DOC Mail Ban On Commercially Published Photos Of Celebrities Upheld by John Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals upheld the Wisconsin Department of Corrections (WDOC) policy that bans prisoners from receiving in the mail commercially published photographs of “celebrity figures, movie …
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Article • September 15, 2011 • from PLN September, 2011
PLN Files Censorship Suit Against Michigan Jail over “Postcard Only” Policy by On August 9, 2011, Prison Legal News filed a federal lawsuit against Livingston County, Michigan and the county’s sheriff, Bob Bezotte, alleging First and Fourteenth Amendment violations due to improper censorship at the Livingston County Jail. The suit …
Mann v. Failey et al, SC, Complaint, guard brutality retaliation, 2011 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 1 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 2 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 3 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number …
Article • August 15, 2011 • from PLN August, 2011
Judge Rejects Challenge to BOP’s Special Administrative Measures by Brandon Sample On January 27, 2011, U.S. District Court Judge Lewis T. Babcock dismissed a lawsuit challenging Special Administrative Measures (SAMs) imposed by the federal Bureau of Prisons (BOP). SAMs are authorized under 28 C.F.R. § 501.3(a). Mohamed Rashed Daoud Al-Owhali, …
Article • August 15, 2011 • from PLN August, 2011
Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending by On January 4, 2011, a Texas federal district court dismissed PLN’s challenge to censorship of books by the Texas Department of Criminal Justice (TDCJ). PLN had filed a civil rights suit under 42 U.S.C. § 1983 against TDCJ Executive …
Brief • August 9, 2011
Prison Legal News v. Bezotte, Livingston County Jail Censorship Complaint, 2011 2:11-cv-13460-DPH-MAR Doc # 1 Filed 08/09/11 Pg 1 of 7 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PRISON LEGAL NEWS, a project of the Human Rights Defense Center, Plaintiff, v Case No. 11-cv-13460 …
Prison Officials’ Determination of Gang Symbols in Outgoing Mail Accorded Deference by The Seventh Circuit Court of Appeals has applied the “substantial deference” doctrine to a prisoner’s claim challenging censorship of his outgoing mail. After the district court granted summary judgment to prison officials, Wisconsin prisoner Joseph Koutnik appealed that …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Limitations, Mail, Legal Mail
Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions by Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions The Ninth Circuit Court of Appeals has joined nine other Circuits in holding that the prison mailbox rule set forth in Houston v. Lack, 487 U.S. 266 (1988) applies …
Article • June 15, 2011 • from PLN June, 2011
Remembering the High Point of Prisoner Rights by David Hudson by David L. Hudson, Jr. Thirty-seven years ago, the U.S. Supreme Court decided Procunier v. Martinez, 416 U.S. 396 (1974), a ruling that has since proven to be the high-water mark for prisoner rights. On April 29, 1974, the high …
Article • June 15, 2011 • from PLN June, 2011
Virginia DOC Settles Censorship Suit Over The Final Call by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit filed by a prisoner at Red Onion State Prison over the rejection of numerous issues of The Final Call, a newspaper of the Nation of Islam. Kelvin Brown …
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