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Article • May 15, 2007
WA Guards Enjoined From Opening Legal Mail Outside Prisoners' Presence by Ralph Fourmont is a prisoner at the Washington State Penitentiary (WSP) in Walla Walla. After WSP mailroom guards opened his legal mail outside his presence, he sought a preliminary injunction in a federal district court. The court enjoined anyone …
Article • May 15, 2007
Filed under: Mail, Legal Mail
New York Prisoner's Interference-With-Legal-Mail Claim Improperly Dismissed by Garrick John, a New York state prisoner, sued the state Department of Corrections and its guards on several legal theories in federal district court. He moved the district court for leave to amend to avoid dismissal for failure to state an actionable …
Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
Article • May 15, 2007
Private Possession of Obscene Material Not a Crime by In a case on appeal from the Georgia Supreme Court, the U.S. Supreme Court held the First Amendment, as made applicable to the States by the Fourteenth Amendment, prohibits making mere private possession of obscene material a crime. During a search …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
Wisconsin Prisoner's Interference-With-Mail Suit Mooted by Policy Change by William West, a Wisconsin state prisoner, sued guards in federal district court for denying him mail containing downloaded internet material about Hepatitis C. He complained that the policy under which his mail was rejected Doc 309 IMP 1, which disallowed prisoner …
Article • May 15, 2007
AL Control Unit Ban on Publications Not Moot Or Ripe by The defendants prohibited administrative segregation prisoners from receiving publications by subscription. When sued, they agreed to allow a subscriptions to newspapers and magazines up to a total of four. However, they put in their regulation an apparent limitation to …
§ 1983 Or Bivens Required When Suing Post Office For Lost Property by The United States Court of Appeals for the Tenth Circuit has found the United States immune from a tort action over a prisoner's property lost by the Postal Service. Peter Georgacarakos, a federal Bureau of Prisons (BOP) …
Article • May 15, 2007
Retaliation Claims Must Be Based On Constitutional Rights by Louisiana State Prisoner Darryl Crockett filed a complaint alleging improper censorship of outgoing mail and retaliation which was dismissed by the district court. Crockett appealed contending that his complaint was erroneously dismissed because he alleged facts in support of a direct …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • April 15, 2007 • from PLN April, 2007
Illinois DOC Capitulates On Prison Newspaper Ban by John Dannenberg by John E. Dannenberg The Illinois Department of Corrections (IDOC) settled a publisher?s civil rights complaint challenging the arbitrary ban of Stateville Speaks, a nascent newspaper containing writings by IDOC prisoners. The IDOC amended its mail regulations regarding ?unacceptable publication? …
BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.) held that 28 C.F.R. § 540.71(a)(2), which restricts Bureau of Prisons (BOP) prisoners …
Article • April 15, 2007 • from PLN April, 2007
PLN Sues Dallas County Jail for Censorship by On February 26, 2007, Prison Legal News filed suit against the Dallas County Jail in Dallas, Texas, challenging the jail?s total ban on magazines and newspapers. PLN claims the policy, which took effect on March 31, 2006, violates the publication?s right to …
Article • March 15, 2007 • from PLN March, 2007
From the Editor by Paul Wright This editorial is being written in Wichita, Kansas on February 14, 2007. For the past two days PLN?s executive director, Don Miniken, and I have been attending the bench trial before USDC Judge Monte Belot in Prison Legal News v. Werholtz. PLN filed the …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Mail, Mail Regulations
Summary Judgement Reversed on Illinois Outgoing Mail Ban by The Illinois Court of Appeals held that prison officials violated a prisoner?s First Amendment free speech rights by refusing to allow him to mail an investigative report out of the prison. Illinois prisoner Gene Arnett and two other prisoners attempted to …
9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition” by 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a "Prison Condition" The Ninth Circuit Court of Appeals upheld the dismissal of an Idaho prisoner's suit for non-exhaustion, concluding that the …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
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