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Article • May 15, 2010
Prisoner Awarded $75 after Magazine Withheld by On February 8, 2001, the Honorable Sally Shushan, U.S. Magistrate Judge, awarded a prisoner $75 in compensatory damages after jail officials refused to provide the prisoner with a magazine. While incarcerated at the St. John Correctional Center in Louisiana, Leo Schwartz was denied …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
Article • May 15, 2010
Federal Court Upholds Kansas Prison Regulation Banning Publications Depicting Bare Buttocks by A Kansas federal district court has held that prison officials may censor publications that depict bare buttocks. The ruling came in a civil rights action that alleged the prison policy that banned publications with such depictions violated the …
First Circuit Upholds Prison Regulation Banning Sexually Explicit Materials by The First Circuit Court of Appeals has affirmed a district court’s grant of summary judgment to prison officials, which upheld a prison regulation banning prisoners’ receipt of publications that feature “nudity” or are “sexually explicit” and the display of “semi-nude, …
Brief • March 10, 2010
Prison Legal News v. Berkeley Co Sheriff Dewitt, SC, Complaint, censorship, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION PRISON LEGAL NEWS and HUMAN RIGHTS DEFENSE CENTER, Plaintiffs, vs. BERKELEY COUNTY SHERIFF H. WAYNE DEWITT, individually and in his official capacity; CAPTAIN CLIFF …
Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail The military’s treatment of Army prisoners is “part of a broader pattern the military has of just throwing people in jail and not letting them talk to their attorneys, not let visitors come, and this is outrageous. In the …
Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part by On July 16, 2009, the Tenth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit involving the nondelivery of newsletters sent in bulk to a Wyoming state prison. Derrick R. Parkhurst, a Wyoming …
Article • January 15, 2010
Georgia Mail Policy Limiting Who Can Send Internet Material Upheld, then Changed by On December 4, 2007, Chief U.S. District Judge Hugh Lawson upheld a Georgia Department of Corrections (DOC) policy that prohibited prisoners from receiving materials printed from the Internet from persons other than publishers, vendors, or attorneys. Danny …
Article • January 15, 2010
Fourth Circuit Remands Gift Publication Challenge by The U.S. Court of Appeals for the Fourth Circuit has reversed a grant of summary judgment in a lawsuit challenging a gift publication ban at a Virginia prison. The district court had granted summary judgment for prison officials on the prisoner’s challenge to …
Article • November 15, 2009 • from PLN November, 2009
PLN Sues Virginia DOC Over Censorship, Due Process Violations by On October 8, 2009, Prison Legal News filed suit in U.S. District Court against Virginia Department of Corrections (VDOC) Director Gene M. Johnson and other prison officials, claiming that the VDOC had violated PLN’s rights under the First and Fourteenth …
Article • October 15, 2009
Florida DOC’s Pen Pal Advertisement Prohibition Challenged by The operators of two pen pal advertising services have filed a federal lawsuit challenging the Florida Department of Corrections’ rule that prohibits prisoners from receiving information from or posting ads with pen pal advertisement services. The lawsuit was filed by the Florida …
Article • September 15, 2009
Seizure of Prisoner’s Manuscript Containing Offensive Writing About Staff Does Not Violate First Amendment by On December 2, 2008, a non-jury trial was held before a Federal District Court in Pennsylvania on prisoner Wesley Harper §1983 claim against certain officials at the Smithfield State Correctional Institution (SCI) for First Amendment …
Brief • May 12, 2009
Prison Legal News v. MADOC, MA, Settlement Agreement, censorship, 2009 05/12/2003 PAGE LEGAL 5177277403 15:14 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into by and bet.'een PRISON LEGAL NEWS ("PLN") and the MF.SSACHUSETTS DEP7IRTMENT OF CORRECTION (" DEPARTMENT"), on behalf of itself and HAROLD OLARKE, JAMES BENDER, JOHN ~lARSHALL, WHEREAS, …
Article • April 15, 2009
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • January 15, 2009 • from PLN January, 2009
Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly by Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly On May 29, 2008, thirty-four members of the civil rights group Witness Against Torture (WAT) were found guilty in …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Brief • September 9, 2008
Shustring dba LareDOS v. Salinas and City of Laredo, TX, Complaint, 1st Am mayor newspaper censorship, 2008 Case 5:08-cv-00120 Document 1 Filed in TXSD on 09/09/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SHUSTRING PRODUCTIONS, INC. dba LareDOS PUBLISHING Plaintiff v. RAÚL SALINAS …
Article • August 15, 2008
Court Orders Trial on Challenge to BOP’s Byline/Reporter Prohibition by A Colorado federal district court has ordered a trial in a federal prisoner’s challenge to 28 C.F.R. §540.20 (b), which provides, in relevant part, that an “inmate may not act as reporter or publish under a byline,” on First Amendment …
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