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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, …
Article • May 15, 2007
Legal Mail Suit Dismissed, Administrative Exhaustion is Affirmative Defense by Once again, a SDNY judge applies the New York State grievance regulations to a claim that arose in the NYC jails. At 625: In the instant action, plaintiff filed at least two complaints to the IGRC in 1998. When he …
Article • May 15, 2007
Filed under: Limitations, Mail, Legal Mail
Legal Mail Use Required to Invoke Mail Box Rule by Rule 4(c)(1), Fed.R.App.P., allows an incarcerated appellant to rely on timely placement of a notice of appeal in the institution's internal mail system, but requires a declaration or notarized statement setting forth the date of deposit and that first-class postage …
Article • May 15, 2007
Pro Se Prisoner Ordered to Produce Court Access Claim Discovery by The pro se plaintiff is directed to comply with various discovery requests. A party cannot refuse discovery on the ground that the adverse party already has the requested information or on the ground that the information can be gleaned …
Article • May 15, 2007
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
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
Tenth Circuit Affirms Summary Dismissal of In-Cell Book Limit by The Court of Appeals for the Tenth Circuit has upheld a Kansas federal district court's summary dismissal of a state prisoner's challenge to a Kansas Department of Corrections (DOC) policy limiting the number of books a prisoner may possess in …
Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
WI Prisoner Unconstitutionally Denied Correspondence with Sister-In-Law by Juan Morales, a Wisconsin state prisoner mailed a letter to his sister-in-law. Prison guards intercepted the letter, read it, and after finding that it suggested that Morales was the father of his sister-in-law's illegitimate child, refused to mail it or others like …
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 …
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