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Article • May 15, 2007
No Punishment for Possessing Inflammatory Papers, $1,000 Jury Award Upheld by The U.S. Court of Appeals for the Second Circuit held that a prisoner cannot be punished for simply possessing "revolutionary" material, supervisors were liable for constitutional violations surrounding prisoner's placement in segregation, and a jury award of $1,000 was …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Article • May 15, 2007
Third Circuit Upholds "Publisher Only" Rule by Third Circuit Upholds "Publisher Only" Rule The Third Circuit Court of Appeals held that a Delaware prisoner's affidavit was insufficient to controvert a prison warden's affidavit, justifying a publisher-only policy. In the district court the prisoner responded to prison officials' motion for summary …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Prison Officials Must Support Mail Policy With Evidence by The Fifth Circuit Court of Appeals held in an Alabama case that "Alabama must show how applying its sweeping regulation [prohibiting prisoners in segregation from sending or receiving mail from other prisoners] . . . furthers its legitimate penological objectives. Alabama's …
Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Article • May 15, 2007
Eighth Circuit Approves Sexually Explicit Reading Rooms by The Eighth Circuit Court of Appeals upheld an Iowa prison rule prohibiting prisoners from possessing certain sexually explicit materials in their cells but allowing those publications to be reviewed in a reading room. The court held that the ban is constitutionally valid …
Article • May 15, 2007
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban by In 1982, the Ninth Circuit Court of Appeals held that a Montana prison rule prohibiting nude photographs was too broad and that less restrictive alternatives existed. The court also held that a ban on sexually explicit magazines such as Hustler violated the …
Article • May 15, 2007
Fifth Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a Texas prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guajardo v. Estelle, 568 F.Supp. 135 (SD TX 1983) …
Article • May 15, 2007
Supreme Court Defines "Obscenity" by The United States Supreme Court held in a California case that obscenity "must . . . be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as …
Article • May 15, 2007
Filed under: Mail, Due Process
Court Ordered Interception of Mail Requires Notice & Hearing by Court Ordered Interception of Mail Requires Notice & Hearing The Ninth Circuit Court of Appeals held that a federal judge in Washington erred in issuing a post-sentencing order directing a federal prisoner's custodian to prevent the prisoner from communicating with …
Article • May 15, 2007
Seventh Circuit Upholds BOP Nude Photograph Ban by The Seventh Circuit Court of Appeals upheld a federal prisoner's challenge to the rejection of personal photographs of nude and seminude female acquaintances. The rule in question prohibited personal photographs but allowed photographs published for commercial use. The court held "that the …
Article • May 15, 2007
Ninth Circuit Upholds Washington Legal Mail Inspection Rule by The Ninth Circuit Court of Appeals upheld an order of a Washington state superior court, requiring a contraband inspection of all mail from prisoners to that court. "In April, 1977, the Superior Court for Walla Walla County, issued a prison mail …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment on Segregation Mail Ban by The Eighth Circuit Court of Appeals reversed an Arkansas district court judgment granting summary judgment to prison officials in a case involving the denial of mail privileges to segregated prisoners. The court noted that the district court acknowledged that the …
Article • May 15, 2007
Tenth Circuit Upholds Injunction Against Juvenile Mail Censorship by The Tenth Circuit Court of Appeals upheld a district court's holding that a Utah private school for youths with behavioral problems violated the First and Fourteenth Amendment rights of the students by monitoring and censoring their outgoing mail and forcing the …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Reverses Summary Judgment on Incoming Mail Censorship by The Second Circuit Court of Appeals reversed a New York District Court's grant of summary judgment to prison officials concerning the reading of a federal prisoner's incoming mail. The court noted that "[n]o issue has been raised . . . …
Article • May 15, 2007
Georgia Prison Censorship Rules Violate Procunier Standard by A federal court in Georgia held that a prison's mail censorship rules were invalid under Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974). The court held that the practice of intercepting outgoing letters that prison officials "believed were misleading" or …
Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Limited Law Library Time, Postage, Not Denial of Access by The U.S. Court of Appeals for the Tenth Circuit held that an Oklahoma prisoner's constitutional rights were not violated by the cancellation of a bland diet, transfer to maximum custody, limited amount of time in law library or prison's indigent …
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