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Article • July 15, 2006 • from PLN July, 2006
Settlement Permits Free and Gift Publications to Connecticut Prisoners by Prisoners in the Connecticut Department of Corrections (CDOC) can now receive free and gift publications that were previously banned under Administrative Directive 10.7, according to the terms of a March 18, 2004, settlement agreement. A.D. 10.7 prohibited prisoners from receiving …
Article • July 15, 2006 • from PLN July, 2006
$232,700 in Attorney Fees Awarded In Colorado Censorship Settlement by Bob Williams The United States District Court for the District of Colorado on April 26, 2005, awarded $232,700 in fees and costs after a Settlement Agreement was reached over the rejection of numerous magazines and books by the Colorado Department …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • June 15, 2006 • from PLN June, 2006
California Ban On Sexually Explicit Materials Upheld by The California Court of Appeal upheld the denial of a state prisoners petition for writ of mandate seeking (1) rescission of California prison regulation 15 CCR § 3006 (c) (17) [proscribing possession of explicit sexual images], and (2) a declaration that the …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
Grenning v. Bisson, WA, Complaint, Retaliation, 2006 Case 3:06-cv-05298-RJB Document 9 Case 3:06-cv-05298-RJB-JKA Document 1-2 Filed 07/20/06 Page 1 of 25 Filed 05/30/2006 Page 1 of 25 11111111111111111 1111111111111111111111111111 11111111111111111111111111111111111 ll(i·CV·0529H-( 'MI' _ _ _ _ RECEiVED o MAY 30 ZOOS CLfRK U.t>. UI~;., ';ic..: r CUUHT WEST£RN DISTRICT OF …
Article • May 15, 2006 • from PLN May, 2006
BOP Sexually Explicit Materials Ban Requires Factual Development by The Third Circuit Court of Appeals Reversed a district courts dismissal of a federal prisoners challenge to the Ensign Amendment, which prohibits federal prisoners from receiving sexually explicit materials. The Ensign Amendment was first passed by Congress in 1997 and prohibits …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Mail, Mail Regulations
BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights by BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights The Seventh Circuit Court of Appeals has held that a federal prisoners suit seeking damages for the refusal to allow him to contact his stockbroker …
Article • April 15, 2006 • from PLN April, 2006
Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded by John Dannenberg by John E. Dannenberg On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian …
Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Article • March 15, 2006 • from PLN March, 2006
Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit by Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit A Texas court of appeals has held that a claim that two Texas state prison guards removed a law book from a prisoners …
Article • March 15, 2006 • from PLN March, 2006
New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted by A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by …
From the Editor by Paul Wright In addition to PLN's own censorship litigation for prisoners we also undertake advocacy and support for prisoner rights on behalf of prisoners in other court cases. In the current supreme court term, PLN submitted an amicus brief in Goodman v. Georgia, a case involving …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
Article • November 15, 2005 • from PLN November, 2005
SABER's Sexual History Disclosure Requirement Violates Fifth Amendment by The Ninth Circuit Court of Appeals held that the compelled sexual history disclosure required by the Sexual Abuse Behavior Evaluation and Recovery Program (SABER) violates the Fifth Amendment's guarantee against self incrimination. The court also held that a supervised release condition …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
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