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Article • May 15, 2007
Summary Judgment Against Prisoner Affirmed in Mail and Money Claim by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Wisconsin, held that summary judgment against a former jail prisoner was appropriate in a claim involving the jail's handling of the prisoner's …
Article • May 15, 2007
Publications Ban Unconstitutional by The Fifth Circuit Court of Appeals has held that a ban on publications by a Texas jail was unconstitutional. Stewart Mann was denied access to newspapers and magazines as he awaited trial in the Midland County, Texas, jail. The denial was part of a jail policy …
Article • May 15, 2007
Evidentiary Hearing Required for Legal Mail Rights by The Seventh Circuit held that federal prisoners' First Amendment rights with regard to mail inspection by prison officials warranted an evidentiary hearing. Christopher John Martin and Brett C. Kimberlin sought to enjoin the practice of prison officials treating all incoming mail as …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Article • May 15, 2007
Filed under: Court Access, Legal Mail
Prison May Not Open Identifiable Legal Mail Outside Prisoner's Presence by The U.S. District Court for the Central District of California held that a prison's practice of opening legal mail that was not labeled in a specific manner, but otherwise readily identifiable as legal mail was unconstitutional. Policy at the …
Article • May 15, 2007
Filed under: Mail, Postage
Two Postage Stamps Weekly Allows Access to Courts by The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court's judgment upholding an Alabama prison mail policy of providing two free first-class postage stamps per week, per indigent prisoner. After reviewing the complaint raised in the prisoner's 42 …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
Article • May 15, 2007
Limits on Prisoner Legal Mail and Photocopy Expenses Affirmed by Colorado Department of Corrections prisoner Benito Negron filed a state court lawsuit against prison officials alleging that administrative regulations violated his right to court access and freedom of speech by limiting legal photocopies and postage, amounting to cruel and unusual …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
First Amendment Protects Prisoners' Negative Statements About Prisons by Robert Gandy is a prisoner in the Colorado Department of Corrections (DOC). He wrote a letter to Home Depot, a mail-order supplier of DOC prisoners, about a DOC policy that he thought would illegally impinge on Home Depot's business. Guards opened …
Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless by Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless Billie Elliott is a prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas. LCF mailroom guards denied him several issues …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
Article • May 15, 2007
Filed under: Mail, Legal Mail
Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief by Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief Florida's Fourth District Court of Appeal has reversed an Okeechobee County Judge's order granting two …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Article • May 15, 2007
MA DOC Refuses to Process Civil Rights Grievances by The practice of what is grievable is shown to diverge from the written policy. At 77-78: From the proceedings that transpired below on remand, it appears that the Massachusetts Department of Corrections had no grievance procedure available for complaints of the …
Article • May 15, 2007
Censorship of Music Tape Upheld by The plaintiff ordered a music cassette tape which was then denied to her on the ground that it was a security risk. The court affirms the district court's summary judgment for defendants on First Amendment and due process theories without describing the controversy further, …
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