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Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Kansas Prisoner's Sexually Motivated Behavior In Custody Leads To Sex Offender Classification by The Kansas Court of Appeals ruled in State prisoner Roland Hill's state habeas corpus petition that he could be classified and managed as a sex offender while incarcerated and under post release supervision based on sexually motivated …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a 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 on businesses …
Article • May 15, 2007
5th Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a 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 Guarjardo v. Estelle, 568 F.Supp. 135 (S.D.Tex. 1983) and Thornburgh …
Article • May 15, 2007
Warden's Order Forbidding Letters to Court Questioned by In one of the first prisoner rights cases, the court of appeals for the Seventh circuit held that a district court erred in dismissing an Indiana state prisoners writ of coram nobis where the prisoner claimed the warden had issued a written …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
Article • May 15, 2007
Ninth Circuit Reverses Dismissal of Mail Rule Challenges by On September 24, 1998, the Ninth Circuit Court of Appeals issued an unpublished opinion, vacating in part, summary judgment granted to jail officials on challenges to prison mail rules. Phoenix, Arizona jail prisoner Mark Price brought suit in federal court challenging …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
Article • May 15, 2007
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
WA Gift Subscription Ban Settled for $443.46 by In 1997, William J.R Embrey, a federal prisoner at the Washington State Penitentiary (W.S.P) accepted $443.46 to settle a lawsuit. In 1985 the Federal Bureau of Prisons (BOP) sent Embrey to the Washington Department of Corrections WDOC, pursuant to a contract between …
Article • May 15, 2007
Mail Censorship Claims State Claim by Allegations that the defendants have deliberately tampered with his legal, personal, and political incoming and outgoing mail without justification state a constitutional claim. The Second Circuit has said that a prisoner's right to the free flow of incoming and outgoing mail is protected by …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
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