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Ohio Prisoner Mail Censorship Rule Violates Due Process
Article • May 15, 2007
Filed under: Mail, Mail Regulations, Due Process
Ohio Prisoner Mail Censorship Rule Violates Due Process by The Sixth Circuit Court of Appeals held that an Ohio prison regulation authorizing the censorship of incoming prisoner mail was not unconstitutionally overbroad on its face but that it did violate due process. An Ohio prisoner's incoming mail, written on Ku …
Washington DOC Pays $1,500 to Settle Legal Mail/Discipline Suit
Article • May 15, 2007
Filed under: Retaliation for Litigating, Court Access, Legal Materials, Legal Mail
Washington DOC Pays $1,500 to Settle Legal Mail/Discipline Suit by In 1998, the Washington Department of Corrections paid $1,500 to Jenny Hall, a prisoner at Washington Corrections Center for Women in Gig Harbor, WA. for the censorship of her legal mail. In 1996, Jenny Hall mailed a letter to her …
Prison Ban on Writing Religious Leaders Invalidated, Muslim Magazine Allowed
Article • May 15, 2007
Filed under: Publications/Books, Mail Regulations, Religious Freedom, Religious Property, Clergy
Prison Ban on Writing Religious Leaders Invalidated, Muslim Magazine Allowed by The Fifth Circuit Court of Appeals held that an Atlanta federal penitentiary policy of not allowing prisoners to correspond with religious leaders was unconstitutional and remanded for an order allowing such correspondence. The court also held that Black Muslim …
Ban on Writing Minors Without Parental Consent Invalidated
Article • May 15, 2007
Filed under: Mail Regulations, Juveniles
Ban on Writing Minors Without Parental Consent Invalidated by A federal court in California held that a California prison rule prohibiting prisoners from corresponding with minors whom they were not related by blood or marriage without the prior consent of the minors' parents was unnecessarily broad and invalid under the …
Sender of Mail Entitled to Due Process Protections
Article • May 15, 2007
Filed under: Retaliation for Litigating, Prisoner Legal Assistance, Mail, Publications/Books, Mail Regulations, Due Process
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
Publisher and Prisoner Entitled to Due Process
Article • May 15, 2007
Filed under: Discrimination, Gay/Lesbian, Publications/Books, Due Process
Publisher and Prisoner Entitled to Due Process by A federal court in Rhode Island noted that the Supreme Court established minimum due process rights in prison mail cases in Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) holding that prisoners are entitled to "be notified of the rejection …
Difference Between Nonprofit and Regular Bulk Rate Mail
Article • May 15, 2007
Filed under: Mail, Publications/Books, Mail Regulations, Postage
Difference Between Nonprofit and Regular Bulk Rate Mail by The Second Circuit Court of Appeals noted in a New York case that pursuant to the Domestic mail manual, "non-profit organizations . . . are afforded the opportunity to make bulk third-class mailings at special, discounted, bulk third-class rates" if it …
Prisoner Had Standing to Enforce Consent Decree
Article • May 15, 2007
Filed under: Standing, Consent Decrees, Immunity/Liability, Eleventh Amendment Immunity, Mail Regulations
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Sixth Circuit Applies Publisher-Only Rule to Publications
Article • May 15, 2007
Filed under: Mail, Publications/Books
Sixth Circuit Applies Publisher-Only Rule to Publications by The Sixth Circuit Court of Appeals held in a Michigan case that a jail's regulation limiting prisoners to receipt of magazines from publishers only did not violate the First Amendment. Citing Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979), and …
Fourth Circuit Upholds "Special Mail" Label Rule
Article • May 15, 2007
Filed under: Mail, Legal Mail
Fourth Circuit Upholds "Special Mail" Label Rule by Fourth Circuit Upholds "Special Mail" Label Rule The Fourth Circuit Court of Appeals upheld a federal Bureau of Prisons regulation requiring that incoming prisoner legal mail must be marked "Special Mail - Open only in the presence of the inmate" and the …
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice
Article • May 15, 2007
Filed under: Misconduct/Corruption, Guard Misconduct, Due Process
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice by The Eighth Circuit Court of Appeals held that a Missouri prisoner failed to allege an adequate procedural due process claim with respect to the seizure of his incoming mail without notice, stating: "although the failure to promptly notify [the prisoner] …
Second Circuit Approves Inspection of Outgoing Business Mail
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Second Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a New York prison rule requiring that outgoing business mail be submitted unsealed and subject to inspection. The court found that the rule advanced the legitimate penological interest of preventing prisoners "from committing fraud …
Eighth Circuit Upholds Outgoing Mail Ban
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Eighth Circuit Upholds Outgoing Mail Ban by The Eighth Circuit Court of Appeals upheld a Missouri prison policy authorizing an outgoing mail restriction on mail addressed to parties who have indicated that they do not wish to receive mail from a prisoner. Following Finney v. Arkansas Bd. of Corrections, 505 …
Oregon Court Denies PI Against Outgoing Mail Ban
Article • May 15, 2007
Filed under: Mail Regulations, Media, Censorship
Oregon Court Denies PI Against Outgoing Mail Ban by A federal court in Oregon held that a mental patient's outgoing mail to elected public officials and attorneys which contained "fearful or threatening material" but which did not advocate violence or illegal activity was entitled to First Amendment protections. The court …
Oregon Court Invalidates Civil Committee's Treatment Plan
Article • May 15, 2007
Filed under: Mail, Mail Regulations, Civil Commitment
Oregon Court Invalidates Civil Committee's Treatment Plan by A federal court in Oregon held that a state hospital committee's treatment plan which precluded him from sending non-threatening, although outrageous, letters to government officials violated the patient's First Amendment rights. This is the same case as Martyr v. Bachik, 755 F.Supp. …
Oregon Court Permanently Enjoins Outgoing Mail Ban
Article • May 15, 2007
Filed under: Injunctions, Mail Regulations, Mental Health, Censorship
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change
Article • May 15, 2007
Filed under: Name Changes, Civil Procedure, Injunctions, Preliminary Injunctions/TRO's, Mail Regulations
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change by The Ninth Circuit Court of Appeals held that a California prisoner was entitled to a preliminary injunction against prison practices that had the effect of interfering with his access to the court. "The gist of this case …
Publisher-Only Rule May Be Invalid as to Authors
Article • May 15, 2007
Filed under: Mail, Publications/Books
Publisher-Only Rule May Be Invalid as to Authors by The Ninth Circuit Court of Appeals held that a Nevada publisher-only ban on publications may be unconstitutional as applied to authors. The court noted that Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979) held that a publisher only rule …
Nude Photograph Case Was Not Frivolous
Article • May 15, 2007
Filed under: Mail, Sexually Explicit Materials
Nude Photograph Case Was Not Frivolous by The Second Circuit Court of Appeals held that a New York prisoner's complaint alleging that a prison policy prohibiting his possession of noncommercial nude photographs violated his First Amendment rights was not so frivolous as to warrant dismissal without giving the prisoner the …
Different Standards for Incoming/Outgoing Mail Censorship
Article • May 15, 2007
Filed under: Mail, Mail Regulations, Due Process
Different Standards for Incoming/Outgoing Mail Censorship by The Sixth Circuit Court of Appeals noted in a Tennessee case that there are two separate standards to be applied to prisoner mail censorship cases. Incoming mail censorship is governed by the test announced in Thornburgh v. Abbott, 490 U.S. 401, 109 S.Ct. …
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