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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 …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him by Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him The Seventh Circuit Court of Appeals held that a prisoner's 42 U.S.C. §1983 action that alleges prison officials opened his legal mail outside …
Article • May 15, 2007
Supreme Court Issues Test for Prison Rules by In response to a class action suit filed by prisoners, the U.S. Supreme Court ruled that a Missouri prison's mail regulations were constitutionally valid, but its policy of not allowing prisoner marriages without the warden's approval was not. The Court also established, …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
$100.00 Settlement In WA Mail Censorship Suit by In 1999 Jeffrey M. Dehut a prisoner at the Airway Heights Correctional Center (AHCC), in Washington State had a "holy bible lesson plan and sermon on tape," rejected from the AHCC mail room because it was not purchased byhim. Dehut appealed the …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Article • May 15, 2007
$321.58 Settlement In WA Mail Censorship Suit by In 1998 Lonnie L. Burton a prisoner at the-Airway Heights Correctional Facility (AHCC)in Washington, received five "offender mail rejections" from the AHCC mail room. He appealed the mail rejection to the Director, Division of Prisons within ten days of the rejection as …
Article • May 15, 2007
$600.00 Settlement In WA Mail Censorship Suit by In 1994 Steven Volstad, a prisoner at the Washington State Penitentiary (WSP), filed a law suit against N.Frost and P.Potts both mailroom employees at WSP and Tana Wood, the superintendent of WSP for violating his First and Fourteenth Amendment Rights. In 1993 …
Article • May 15, 2007
$7,000 Paid in Washington Prisoner's Legal Mail Withholding Claim by In October 1993, Robert D. Wrinkle was a prisoner at Washington's Clallam Bay Correction Center. Wrinkle received via legal mail a videotape of jury selection in his criminal trial, which was needed to complete a supplemental brief. Wrinkle was never …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
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