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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 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Article • January 15, 2010
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
Article • January 15, 2010
Filed under: Mail, Mail Regulations, Postage
Judge Approves Sherriff Arpaio’s Draconian Postcard-Only Mail Policy by On September 24, 2009, U.S. District Judge David G. Campbell entered summary judgment for Sheriff Joe Arpaio on a First Amendment challenge to a mail policy prohibiting prisoners from receiving incoming letters. Due to a purported rise in contraband coming through …
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 • January 15, 2010
First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …
Brief • December 23, 2009
Filed under: Publications/Books
Bretches v. Kirkland, CA, Complaint, Banned Prisoner Author Book Aggressive Dogs, 2009 Case3:06-cv-05277-JSW Document80 Filed12/23/09 Page1 of 46 1 2 3 4 HERMAN FRANCK (SBN 123476) ELIZABETH VOGEL (SBN 245772) FRANCK & ASSOCIATES 1801 7TH Street, Suite 150 Sacramento, California 95811 Tel. (916)-447-8400 Fax (916) 447-0720 5 6 Attorney for …
Article • December 15, 2009 • from PLN December, 2009
Increasing Number of Prisoners Obtain Access to Email by Brandon Sample Federal and state prisons across the country are slowly beginning to offer email access to prisoners in addition to traditional postal mail service – in some cases limited to receiving email messages, and in others allowing prisoners to send …
Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional by The Commonwealth Court of Pennsylvania has held that a state prison rule prohibiting prisoners from receiving or possessing materials containing pornography or nudity was invalid because it was not promulgated as a regulation pursuant to the Commonwealth Documents Law. However, …
Article • November 15, 2009 • from PLN November, 2009
Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment by A Nebraska district court has held that prison officials violated a prisoner’s First Amendment right to send and receive mail when they refused to let him mail his drawings. The court’s ruling came on a motion for judgment as a …
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 • November 15, 2009 • from PLN November, 2009
Filed under: Mail, Mail Regulations
Outgoing Mail Censorship Assessed Under Procunier, not Turner; Oregon Court Applies Wrong Standard by The Ninth Circuit Court of Appeals has reversed a district court’s dismissal of an Oregon prisoner’s outgoing mail censorship suit, finding that the “dismissal relied on an incorrect legal standard.” Oregon State Penitentiary (OSP) prisoner Jacob …
Article • October 15, 2009
Texas Supreme Court: Mailbox Rule Applies to Notice of Appeal by On June 29, 2007, the Supreme Court of Texas held that the “mailbox rule” for incarcerated litigants applies to a civil notice of appeal. Armando Ramos, a Texas state prisoner, filed a medical malpractice suit in state court. The …
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 • October 15, 2009 • from PLN October, 2009
Missouri DOC Permits Gift Books in Response to PLN Demand Letter by On September 15, 2009, the Missouri Department of Corrections (DOC) agreed to revise its policy prohibiting prisoners from receiving books purchased for them by third parties or sent to them free of charge. The DOC also agreed to …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail by David Reutter by David M. Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that requires a PDOC-issued control number on correspondence for it to qualify as legal mail, …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
Article • August 15, 2009 • from PLN August, 2009
Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests by The Eleventh Circuit Court of Appeals has reversed a district court order dismissing a Florida prisoner’s civil rights action that challenged a prison policy which prohibited him from sending letters to churches and ministers requesting …
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