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Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
Article • May 15, 2007
Jail Ban on Publications and Exercise Enjoined by A federal district court in North Carolina held that policies in the Gaston county jail banning paperback books, newspapers and magazines and denying detainees an opportunity to exercise were unconstitutional. The detainees were also denied constitutionally meaningful access to the courts. Court …
Article • May 15, 2007
Due Process Not Required when Mail with Criminal Plans Seized by Due Process Not Required When Mail With Criminal Plans Seized A federal district court in Missouri held that prison officials do not have to give due process notice to the prisoner or intended recipient when they seize mail containing …
Article • May 15, 2007
Due Process Required when Porn Censored by Due Process Required When Porn Censored A federal district court in Missouri upheld the prison censorship of sexually explicit materials. The court notes that due process requires that the censorship of prisoner mail be done with due process safeguards, including notice to the …
Washington DOC Settles Retaliation Suit for $815 by In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
Article • May 15, 2007
California Supreme Court Holds Prisoners' Legal Mail Confidential by The Supreme Court of California held that a rule used by the California Department of Corrections (DOC) that allowed prison officials to read attorney-prisoner incoming mail was inconsistent with statutory privilege for that type of correspondence. Also, the court held that …
Article • May 15, 2007
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Article • May 15, 2007
No Judicial Review or Order Required for Prison Censorship by The U.S. Court of Appeals for the Seventh Circuit held that the Wisconsin Department of Corrections (DOC) did not have to obtain a court order or initiate judicial proceedings against publications to censor them. A prisoner incarcerated in the Wisconsin …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
DOCS Denied Summary Judgment on Mail, Retaliation, and Prison Conditions by The United States District Court for the Western District of New York has partly granted and partly denied summary judgment in a civil rights complaint brought by a New York prisoner against various officials of the Department of Correctional …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Article • May 15, 2007
Washington Gift Publication Ban Unconstitutional by The Ninth Circuit Court of Appeals held that a prisoner may receive books from a publisher and be paid by an outside source. Washington Prisoner Tommie Lee Stewart was refused to possess two books sent directly from the publisher and paid for by his …
Article • May 15, 2007
N.Y. Detainee Rights Upheld Under Due Process by The Supreme Court of New York held that any restraints imposed upon pre-trial detainees in excess of assuring their attendance at trial constituted deprivation of due process, which included limitations on telephone use, receiving and sending letters, non-contact visiting periods, the receipt …
Article • May 15, 2007
Denial of Mail and Phone Privileges Unreasonable Disciplinary Measures by The U.S. District Court of Maine held that denial of detainee's access to mail and telephone privileges were unreasonable disciplinary measures. Jeffery Simpson, a pre-trial detainee, while at the Penobscot County jail, violated jail rules. He was placed in disciplinary …
Mail Restrictions Examined Under Turner Standard by The U.S. Supreme Court held that prison regulations allowing the rejection of certain subscription publications must be examined under the standards set forth in Turner v. Safely. This decision further reaffirms the procedural due process protections of Procunier v. Martinez, 416 U.S. 396, …
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