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Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Court Denies BOP’s Dismissal Motion in Challenge of Ensign Amendment by A Colorado federal district court denied a motion to dismiss filed by the Bureau of Prisons (BOP) in a lawsuit alleging the “Ensign Amendment” violates the First Amendment, as does 28 C.F.R. §540.72, which implements that amendment. The Ensign …
Article • July 15, 2008
Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure by Arapahoe County (Colorado) Clerk and Recorder, Tracy Baker, and Deputy Clerk Leesa Sale, appealed the court-ordered disclosure of 622 emails and an investigative sexual harassment report. 570 of the emails contained sexually explicit messages between Baker and …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
Article • June 15, 2008 • from PLN June, 2008
PLN Sues Massachusetts DOC Over Book Ban, Added to Approved List One Week Later by For the past five years Prison Legal News has been unable to sell or distribute books to prisoners in Massachusetts because PLN was not on the Dept. of Correction’s (DOC) approved vendor list. Massachusetts prisoners …
Publication • 2008
California Banned Books List - 2008
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Article • May 15, 2008
Sender’s Right to Privacy in Mail Ends at Delivery by Sender's Right to Privacy in Mail Ends at Delivery Letters are generally protected by an expectation of privacy, but the sender's expectation ordinarily terminates upon delivery. At 1228: "Because Defendant sent the letters to an inmate at a correctional facility, …
Article • May 15, 2008
Parole Condition Banning Porn Access for Sex Offender Upheld by The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment …
Article • April 15, 2008
Turner v. Safley: High Drama, Enduring Precedent by David Hudson Turner v. Safley: high drama, enduring precedent By David L. Hudson Jr. First Amendment scholar 05.01.08 When one thinks of famous litigants or important First Amendment decisions, the name Leonard Safley and the case Turner v. Safley do not immediately …
Brief • March 24, 2008
Taber v. McCracken County, KY, Plf Res to Def MTD, failure to protect treat due process, 2008 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION [FILED ELECTRONICALLY] THOMAS TABER, Individually and on behalf of all others similarly situated, ) ) ) ) PLAINTIFF ) CIVIL ACTION NO. 5:06-CV-144-R …
PLN Obtains Injunction Against Fulton County Jail in Censorship Suit by Alex Friedmann On February 4, 2008 the U.S. District Court for the Northern District of Georgia (Atlanta Division) granted a preliminary injunction in a lawsuit filed by Prison Legal News over censorship at the Fulton County Jail. PLN brought …
Article • February 15, 2008 • from PLN February, 2008
New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence by The Third Circuit Court of Appeals has held that a New Jersey Department of Corrections' (NJDOC) policy of opening prisoners' legal mail outside their presence is unconstitutional. That policy was enacted by a NJDOC memorandum dated …
BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit by In June 2007, the Federal Bureau of Prisons (BOP) began removing thousands of religious books from its prison chapels. The purge of religious literature, which occurred nationwide, was part of a long-delayed post-September 11 directive intended to prevent radical Islamic …
Article • January 15, 2008 • from PLN January, 2008
BOP Byline Prohibition Unconstitutional by David Reutter by David M. Reutter A Colorado federal district court has held the Bureau of Prisons (BOP) regulation that provides a prisoner may not "publish under a byline" violates the First Amendment. The Court's order prohibits the BOP from punishing any prisoner for violating …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Article • December 15, 2007 • from PLN December, 2007
PLN Files Censorship Suit Against Fulton County Jail in Georgia by On October 22, 2007, Prison Legal News filed a lawsuit in U.S. District Court for the Northern District of Georgia against Fulton County and Sheriff Myron Freeman, due to a Fulton County Jail policy that prohibits prisoners from receiving …
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