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Brief • June 7, 2011
Filed under: Due Process
Jacobs v. PA DOC, PA, Court Order, Conspiracy Due Process, 2011 Case 2:04-cv-01366-JFC Document 230 Filed 06/07/11 Page 1 of 59 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANDRE JACOBS, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTONS, JEFFERY A. BEARD, et al., Defendants. ) ) ) …
Brief • May 26, 2011
Hamilton v. Hall, FL, Class Order, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 69 Filed 05/26/11 Page 1 of 5 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON and JAMIE BROJANAC, all on behalf of …
Article • May 15, 2011
Filed under: Mail, Legal Mail
Sixth Circuit Affirms Dismissal of Michigan Legal Mail Case by Mark Wilson The Sixth circuit court of appeals affirmed a lower court’s sua spente dismissal of a Michigan prisoner’s suit against a guard for reading his legal mail two times and issuing him a misconduct report. Michigan prisoner Aubrey Stanley …
Article • May 15, 2011
Judge Rejects Magistrate’s Report and Recommendation on Publications Ban by Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy. Ted Marcum sued the Butler County Sheriff …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
Article • April 15, 2011
10th Circuit: Prisoner Mail Protected by First Amendment by Jimmie Franks By Jimmy Franks In a decision filed December 18, 2008, the 10th Circuit reversed a district court dismissal of a §1983 claim brought by a prisoner in the Saline County Detention Center in Salina, Kansas. The prisoner, Kendall Trent …
Article • April 15, 2011
Filed under: Mail, Mail Regulations
TDC Correspondence Rules Challenged (1971) by In 1971, Texas prisoner Guadalupe Guajardo filed a class-action lawsuit pursuant to 42 U.S.C. § 1983 challenging the constitutionality of the correspondence rules and practices that were currently in effect in the Texas Department of Corrections (TDC). When the district court found many of …
Article • April 15, 2011
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land …
Article • April 15, 2011
Homosexual Literature Allowed on Death Row by On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom …
Brief • April 15, 2011
Hamilton v. Hall, FL, Motion for PI, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 54 Filed 04/15/11 Page 1 of 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA MARCIE HAMILTON et al., Plaintiffs, v. No. 3:10-cv-355 MCR/ EMT WENDELL HALL, Defendant. / PLAINTIFFS’ MOTION FOR PRELIMINARY …
Article • March 15, 2011 • from PLN March, 2011
Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books by David Reutter by David M. Reutter A U.S. District Court has held that a Virginia Department of Corrections (VDOC) policy which prohibits “works of literature which include an explicit description of a sexual act or intercourse” is unconstitutional, both …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Brief • March 9, 2011
ACLU AL v. Ingle, AL, Complaint, Due Process Prisoner Attorney Visitation, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF ALABAMA and ALLISON NEAL, Plaintiffs v. RODNEY INGLE, in his official capacity as Sheriff of Fayette County, Alabama, …
Brief • February 24, 2011
Hamilton v. Hall, FL, Complaint, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 43 Filed 02/24/11 Page 1 of 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division MARCIE HAMILTON and JAMIE BROJANAC, all on behalf of themselves and all others similarly situated; Plaintiffs, v. No. …
Article • January 15, 2011 • from PLN January, 2011
North Carolina Prison Censorship Class Action Suit Settled by A settlement has been reached in a class action lawsuit that challenged the way the North Carolina Department of Corrections (NCDOC) administers its policies related to the receipt of books and magazines by prisoners. The suit sought to enforce the First …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Mail, Mail Regulations
Wish You Were Here! Jails Adopt Postcard-Only Mail Policies by By January 2010, 13 of Oregon’s 36 counties had implemented policies that limit incoming and outgoing mail at county jails to postcards. Ten other counties plan to adopt similar rules in the future. The postcard-only policy is a national trend …
PLN Sues South Carolina Jail that Bans All Reading Material Except Bibles by On October 6, 2010, Prison Legal News, represented by the American Civil Liberties Union (ACLU) and Human Rights Defense Center staff attorney Lance Weber, filed suit in federal court challenging an unconstitutional policy at the Berkeley County …
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