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Article • December 15, 2006 • from PLN December, 2006
PLRA Administrative Exhaustion Requirement Distinguished in Two California by John Dannenberg Excessive-Force Suits by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals consolidated two interlocutory appeals from U.S. District Courts in California that distinguished under what circumstances administrative exhaustion is deemed satisfied if the grievance process has been …
Brief • December 12, 2006
Powell v. Ellis, AZ, Injunction, Unconstitutional Mailroom Policy, 2006
Brief • October 26, 2006
Jordan v. Hood, CO, Order and Judgement - Prohibiting Softbound Books, Clippings Unconstituional As Applied - Injunc, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 03-cv-02320-PSF-MJW MARK JORDAN, Plaintiff, v. ROBERT A. HOOD, Warden, ADX Florence, MARY H. SOSA, …
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
Article • September 15, 2006 • from PLN September, 2006
Filed under: Mail, Publications/Books
Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages by John Dannenberg by John E. Dannenberg As previously reported in PLN, the Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court ruling (Prison Legal News v. Lehman, 272 F.Supp.2d 1151 (W.D. Wash. 2003); …
Brief • August 17, 2006
Filed under: Due Process
Harris v. Terrell, KS, Order, Bivens complaint, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SETH H. HARRIS, SR., Plaintiff, v. CASE NO. 06-3202-SAC DUKE TERRELL, et al., Defendants. O R D E R Plaintiff, a prisoner confined in the United States Penitentiary in Leavenworth, Kansas, …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
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 …
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