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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 …
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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. …
Article • May 15, 2007
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 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 …
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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. …
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 …
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