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Article • May 15, 2007
Pennsylvania PLRA Unconstitutional; Obscenity Ban Upheld by The Pennsylvania Supreme Court held that two provisions of the Pennsylvania Prison Litigation Reform Act (PaPLRA) violate the Pennsylvania Constitution and are, therefore, invalid. In 1998 the Pennsylvania Legislature amended 18 Pa. C.S. § 5903(a)(7)-(9), the state's obscenity law, to make it a …
Article • May 15, 2007
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
Prisons Can't Ban Gay Literature; Pedophile Magazine Ban Upheld by The court of appeals for the Ninth circuit upheld the censorship of North American Man-Boy Love Association materials sent to a convicted pedophile at the Washington State Penitentiary in Walla Walla. The court said prison officials cannot censor gay literature. …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Article • May 15, 2007
No Right to Personal Nude Photos by The court of appeals for the Second circuit held that New York prisoners have no right to receive personal nude photos. There is a circuit split on this issue. This ruling (and prison policy) does not apply to commercial nude photos or pornography. …
Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
Article • May 15, 2007
Private Possession of Obscene Material Not a Crime by In a case on appeal from the Georgia Supreme Court, the U.S. Supreme Court held the First Amendment, as made applicable to the States by the Fourteenth Amendment, prohibits making mere private possession of obscene material a crime. During a search …
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 …
Article • June 15, 2006 • from PLN June, 2006
California Ban On Sexually Explicit Materials Upheld by The California Court of Appeal upheld the denial of a state prisoners petition for writ of mandate seeking (1) rescission of California prison regulation 15 CCR § 3006 (c) (17) [proscribing possession of explicit sexual images], and (2) a declaration that the …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
Article • May 15, 2006 • from PLN May, 2006
BOP Sexually Explicit Materials Ban Requires Factual Development by The Third Circuit Court of Appeals Reversed a district courts dismissal of a federal prisoners challenge to the Ensign Amendment, which prohibits federal prisoners from receiving sexually explicit materials. The Ensign Amendment was first passed by Congress in 1997 and prohibits …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
Article • November 15, 2005 • from PLN November, 2005
SABER's Sexual History Disclosure Requirement Violates Fifth Amendment by The Ninth Circuit Court of Appeals held that the compelled sexual history disclosure required by the Sexual Abuse Behavior Evaluation and Recovery Program (SABER) violates the Fifth Amendment's guarantee against self incrimination. The court also held that a supervised release condition …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
Article • June 15, 2005 • from PLN June, 2005
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees by by Bob Williams Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship. The 42 U.S.C. …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING …
Brief • 2005
Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION …
Brief • 2005
Syring v. Oneida County, WI, Brief in Support of Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. BRIEF IN SUPPORT …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING IN …
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