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Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Article • May 15, 2007
Ohio Prisoners' Mail-Order Subscription Suit Held Not Frivolous by The U.S. Sixth Circuit Court of Appeals, vacating a federal district court's sua sponte dismissal, held that a suit brought by Ohio prisoners in custody of the Department of Rehabilitation and Correction (DORC) regarding DORC's withholding of certain mail-order magazines and …
Article • May 15, 2007
Former Jail Prisoner's §1983 Complaint Reversed to Add Damages by Former Jail Prisoner's §1983 Complaint Reversed to Add Damages The U.S. Tenth Circuit Court of Appeals in a split decision partly reversed an Oklahoma federal district court's grant of summary judgment to a county sheriff, holding that the district court …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Absent Actual Injury Only Nominal Damages for Due Process Violations by The U.S. Supreme Court held that a procedural due process violation warranted only nominal damages in the absence of actual injury. Plaintiffs, Illinois high school students who had been suspended without due process, brought a §1983 action against the …
Article • May 15, 2007
Abuse of Discretion in Failing to Grant Prisoner Continuance in §1983 Action by Illinois state prisoner Robert Harris filed a 42 U.S.C. §1983 action against prison officials claiming guards interfered with his mail and visiting rights, preventing him from preparing an adequate defense to state criminal charges. The state filed …
Article • May 15, 2007
Massachusetts Prisoner Awarded $3000 for Destroyed Mail by A federal district court in Massachusetts held that a guard violated the First Amendment by destroying two letters addressed to a segregated prisoner. The prisoner brought a § 1983 lawsuit challenging the mailroom's action. The United States District Court agreed with the …
Article • May 15, 2007
Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified by Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified The Ninth Circuit Court of Appeals held Arizona Prisoners not parties to a 1973 consent decree had standing to enforce that …
Article • May 15, 2007
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
Article • May 15, 2007
Third-Party Book Seller's Records Subject to Constitutional Protections by The Colorado Supreme Court has found that individuals have a constitutionally protected right to purchase books anonymously, free from government interference, and thus records of an innocent, third-party bookstore are subject to both state and federal free speech protections and an …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Article • May 15, 2007
Muslim Literature Bar Reversed, Medal Ban Upheld by The Eighth Circuit Court of Appeals has held that denying prisoners access to a newspaper entitled Muhammad Speaks" was violative of the First Amendment, but it was within prison officials' discretion to impose restrictions on medals worn around the neck. This action …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Virginia's One-Ounce Incoming Mail Policy Upheld by A Virginia federal district court has upheld a Virginia Department of Corrections policy that limits a prisoner's incoming mail to a one- ounce envelope. The prisoner filed suit under 42 U.S.C. §1983, alleging the policy, Division Operating Procedure 851, violated the First Amendment. …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
Alaska Pays Victims of Prisoner-Orchestrated Mail Bomb $2.6 Million by Following a verdict for the plaintiffs in December 1995, the State of Alaska agreed to settle with the victims of a prisoner-orchestrated mail bomb for $2.6 million. On September 17, 1991, plaintiffs, the father and stepmother of a witness who …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
Article • May 15, 2007
Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed by Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed The United States District Court for the Eastern District of Virginia, Alexandria Division, granted summary judgment against a prisoner's § 1983 action in which he claimed harassment, denial of access to …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Article • May 15, 2007
New York DOCS's Rube Goldberg Mail Rules Struck Down by The United States Court of Appeals for the Second Circuit struck down the New York Department of Correctional Service's (DOCS) "Rube Goldberg" mail rules, which restricted sealed outgoing prisoner mail, noting that the rules were "irrational." Ronald Davidson, a New …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
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