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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 …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009 • from PLN July, 2009
Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims by Marvin Mentor On October 21, 2008, the U.S. District Court for the Eastern District of California upheld a state prisoner’s First Amendment right to send mail after his letters to several media agencies were blocked by …
Oregon Jail Guards Lose Access to Porn Sites by Mark Wilson Guards at the Multnomah County Detention Center (MCDC) couldn’t be trusted to stay off Internet porn sites during work hours, so Sheriff Bob Skipper pulled the plug effective December 1, 2008. Rampant, improper use of the Internet at the …
Article • July 15, 2009 • from PLN July, 2009
Postal Service Panics Over Sex Offender Participant in Christmas Program by Matthew Clarke by Matt Clarke On December 18, 2008, just a week before Christmas, the U.S. Postal Service abruptly suspended its decades-old Operation Santa Claus, a holiday program in which volunteers sift through children’s letters addressed to Santa, “adopt” …
Fourth Circuit Affirms Ban on Publications in Jail by On May 7, 1993, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court ruling upholding a ban on pre-trial detainees receiving publications of any sort. Stephen Hause, an on-again off-again prisoner at the Harry County Detention Center …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Article • June 15, 2009 • from PLN June, 2009
Massachusetts DOC Settles PLN Censorship Suit by Effective May 12, 2009, the Massachusetts Dept. of Correction (MDOC) agreed to settle a First Amendment censorship lawsuit filed by PLN. PLN brought suit in U.S. District Court on April 23, 2008 following repeated efforts over a 5-year period to be added to …
Article • June 15, 2009 • from PLN June, 2009
Filed under: Mail, Mail Regulations
Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David Reutter Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David M. Reutter To the extent that an Indiana Department of Corrections (IDOC) policy “denies prisoners the right to advertise for pen-pals and receive material so …
Article • June 15, 2009 • from PLN June, 2009
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
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