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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 …
Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Article • November 15, 2007 • from PLN November, 2007
Filed under: Mail, Legal Mail
Pennsylvania Prison Legal Mail Policy Unconstitutional, Enjoined by Matthew Clarke by Matt Clarke On May 3, 2007, a federal court in Pennsylvania found unconstitutional the Pennsylvania Department of Corrections (DOC) mail policy allowing legal mail to be opened outside the presence of prisoners if the pail does not display a …
Article • November 15, 2007 • from PLN November, 2007
California DOC Pays PLN’s Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John Dannenberg California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John E. Dannenberg In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Breathtaking Abuse of the Constitution - Sheriff Arpaio's assault on the First Amendment by Michael Lacey Breathtaking Abuse of the Constitution Joe Arpaio, Andy Thomas and Dennis Wilenchik hit New Times with grand jury subpoenas By Michael Lacey and Jim Larkin Published: October 18, 2007 This newspaper and its editorial …
Article • October 15, 2007 • from PLN October, 2007
Old Media Access Consent Decrees Violated in Maine by Lance Tapley The Maine Department of Corrections has been violating at least two of three 35-year-old federal court orders that grant prisoners access to the press, allow them to write to newspapers, and prohibit prison officials from arbitrarily transferring prisoners out …
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