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Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
Article • May 15, 2007
Jail Ban on Hardcover Books Struck Down by The court of appeals for the Seventh circuit affirmed a lower court ruling striking down as unconstitutional a Cook county jail (Chicago, IL) policy banning hardcover books sent to prisoners from any source, including publishers. The appeals court also affirmed the denial …
Censorship of Religious Mail Reversed by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failure to state a claim, a Missouri prisoner's lawsuit that mail sent by the Moorish Science Temple was wrongly censored. The appeals court held that while …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
Prisons Can't Ban Gay Literature; Pedophile Magazine Ban Upheld by The court of appeals for the Ninth circuit upheld the censorship of North American Man-Boy Love Association materials sent to a convicted pedophile at the Washington State Penitentiary in Walla Walla. The court said prison officials cannot censor gay literature. …
Article • May 15, 2007
Inspection of Outgoing Legal Mail Upheld by The court of appeals for the Ninth circuit upheld a Nevada prison practice of inspecting, but not reading, mail prisoners sent to the state attorney general's office for offensive and dangerous materials. See: Witherow v. Paff, 52 F.3d 264 (9th Cir. 1995).
Article • May 15, 2007
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
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. …
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