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Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
$500 Paid in WA Racial Segregation Suit by Muhammad Shabazz Farrakhan and a group of black prisoners at the Washington State Penitentiary in Walla Walla, Washington filed a 42 U.S.C. § 1983 alleging racial discrimination in housing assignments. Farrakhan alleged prisoners were given race cards and each racial group, Whites, …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Article • May 15, 2007
Wisconsin Prisoner Starved As Punishment Awarded $1.25 Million by Michael Rigby On November 30, 2004, federal jurors in Wisconsin awarded $1.25 million to a state prisoner who was denied hundreds of meals over a 3 to 4-year period. Berrell Freeman, a prisoner serving 58 years for murder, was imprisoned in …
Article • January 15, 2007 • from PLN January, 2007
Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld by Oklahoma Regulation Confiscating Money Order From Other Prisoner's Family Upheld The Tenth Circuit Court of Appeals has upheld an Oklahoma State Penitentiary (OSP) regulation that allows money sent to prisoners by a person on another prisoner's visitation list to …
Article • January 15, 2007 • from PLN January, 2007
Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners by Michael Rigby On May 18, 2006, the Vermont Department of Corrections (VDOC) settled a class-action lawsuit by agreeing to stop punishing prisoners who harm themselves. The VDOC further agreed to implement training, retain consultants, and document the mental health assessments of …
Article • January 15, 2007 • from PLN January, 2007
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
Maryland Disciplinary Rules Violate APA by The Maryland Supreme Court invalidated prison disciplinary ?directives? because they were not adopted in conformity with the State Administrative Procedure Act (APA). Under the Maryland APA, all state agencies must follow certain procedures when adopting ?regulations? as defined by the APA. The APA excludes …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by California Drug Possession" Disciplinary Satisfied By Positive Urine Test The California Court of Appeal held that a positive urine test for THC (marijuana) was some evidence" sufficient to uphold a prison disciplinary finding of possession" …
Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
Article • May 15, 2004 • from PLN May, 2004
California Rules Violation for "Repeated Pattern" Must Involve Same Offense by California Rules Violation For "Repeated Pattern" Must Involve Same Offense The California Court of Appeal held that the California Department of Corrections' (CDC) regulation elevating a repeat infraction of an "administrative" violation to the level of a "serious" rules …
Article • January 15, 2004 • from PLN January, 2004
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
$500 Paid in WA Failure to Protect Case by Scott W. Skylstad was transferred to another unit within the Washington State Penitentiary after guards received a death threat against him. However, the unit he was moved to was the same one the threat came in the mail from. Despite repeated …
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