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Article • May 15, 2007
Denial of Newspaper and Medical Care States Claim by The court of appeals for the Fifth circuit held that a district erred in denying IFP status to a federal pretrial detainee in Texas who claimed he was denied medical attention following his arrest. The plaintiff also claimed the jail banned …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Okay to Stamp Mail as Originating in Jail by A federal district court in Virginia dismissed as frivolous a lawsuit challenging a jail practice of stamping outgoing envelopes as having originated in a jail. All courts to consider this practice have upheld it. See: Rogers v. Isom, 709 F. Supp. …
Article • May 15, 2007
Mail Between Prisoner and Former Prison Employee Allowed by The court of appeals for the Eighth circuit granted habeas relief to a wheelchair bound, paraplegic BOP prisoner in Missouri who was denied correspondence with a former female BOP employee he became romantically involved with. The court held that on the …
Article • May 15, 2007
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
Article • May 15, 2007
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
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
Stamp Ban, Mail Denial in Segregation Upheld by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps since embossed envelopes could be purchased from the prison commissary. The court upheld a 30 day ban on the receipt and sending of personal mail to …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
No Right to Grievance Procedure, Confidential Media Mail by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a prison grievance procedure. Prisoners have no right to have mail to the media treated as confidential legal mail. Note the media mail issue …
Article • May 15, 2007
Filed under: Mail, Postage
Postage Stamp Ban Permissible by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps. Court notes that indigent prisoners must be provided with some postage at state expense. Postage stamps were replaced by embossed envelopes. See: Kaestel v. Lockhart, 746 F.2d 1323 (8th …
Article • May 15, 2007
Opening Legal Mail Unconstitutional by The court of appeals for the Eighth circuit held that a practice of North Dakota prison officials of opening mail from attorneys that was marked "legal mail" violated due process. The court upheld the opening of non legal mail to prisoners in order to inspect …
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. …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Article • May 15, 2007
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Article • May 15, 2007
Errors in § 1983 Dismissal, Reasonableness for Indigent Mail Policy Unproven by Errors in § 1983 Dismissal, Reasonableness for Indigent Mail Policy Unproven The U.S. Court of Appeals for the Second Circuit held that a U.S. district court procedurally erred in dismissing a prisoner's §1983 action for failure to state …
Article • May 15, 2007
Prisoners' Rights to Correspond and Marry Upheld by The U.S. Eighth Circuit Court of Appeals, upholding the U.S. District Court for the Western District of Missouri, affirmed the rights of prisoners to correspond and marry. The case was a 42 U.S.C. § 1983, class-action suit against the Missouri Department of …
Article • May 15, 2007
Prisoners Have Right to Correspond and Marry by The U.S. District Court for the Western District of Missouri, in a class-action suit under 42 U.S.C. §1983, held that the Missouri Department of Corrections (DOC) policies prohibiting prisoner-to-prisoner correspondence and generally prohibiting prisoners from getting married, violated fundamental constitutional rights. The …
Article • May 15, 2007
Arizona Internet Ban Permanently Enjoined by John E Dannenberg by John E. Dannenberg On May 19, 2003, the U.S. District Court (D. Ariz.) granted summary judgment, permanently enjoining enforcement of Arizona House Bill 2376 (HB 2376), a 2002 state statute that had made it a misdemeanor for Arizona Department of …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
Article • May 15, 2007
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
Article • May 15, 2007
BOP Rule Limiting Detainee's Ability to Publish Books Unconstitutional by A Missouri federal district court held that a Bureau of Prisons (BOP) regulation that limited an unconvicted prisoner's ability to produce and to have published manuscripts violated the prisoner's fundamental constitutional rights. This habeas corpus proceeding was filed by a …
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