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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 …
4th Circuit Reverses District Court’s Denial of North Carolina Prisoners' Suit against DOC by On April 26, 1978, the 4th Circuit filed a decision to reverse and remand a district court ruling dismissing a complaint brought by 29 North Carolina prisoners against that state's governor and various DOC officials. The …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
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, …
Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Murphy v. Lockhart, MI, Complaint, escape retaliation religious rights mail telephone family segregation, 2010 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 1 of 81 Pg ID 1 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 2 of 81 Pg ID 2 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 3 of 81 …
Article • April 15, 2010 • from PLN April, 2010
Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit by David Reutter by David M. Reutter The ACLU of Indiana has reached a private settlement agreement with the Indiana Department of Corrections (IDOC) in a class-action lawsuit that challenged a policy prohibiting prisoners from receiving sexually explicit materials …
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 • 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 …
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