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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 …
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 …
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