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Article • October 15, 2005 • from PLN October, 2005
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Article • October 15, 2005 • from PLN October, 2005
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
PLN in Court by by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously …
Article • June 15, 2005 • from PLN June, 2005
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees by by Bob Williams Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship. The 42 U.S.C. …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING …
Brief • 2005
Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION …
Brief • 2005
Syring v. Oneida County, WI, Brief in Support of Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. BRIEF IN SUPPORT …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING IN …
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by Bob Williams On November 12, 2004, Colorado Federal District Court Judge Wiley Daniel dismissed all official capacity claims, one defendant, and one substantive claim in PLN's suit over ADX censorship …
PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court's ruling below (and permanent injunction) that the Washington DOC (WA DOC) policy of prohibiting prisoners' receipt of standard rate mail (AKA bulk mail) and catalogs with …
Article • March 15, 2005 • from PLN March, 2005
Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded by The Ninth Circuit federal Court of Appeals held that Oregon prison officials did not violate a prisoner's rights to freedom of speech and due process by refusing to deliver publications purportedly containing sexually explicit and role-playing …
Article • March 15, 2005 • from PLN March, 2005
Mailbox Rule Applies to Texas Prisoners Civil Filings by The Texas Supreme Court has held that the mailbox rule applies to civil litigation filed by Texas prisoners in Texas state courts, overruling at least two previous court of appeals decisions. Charles Clay Warner, Jr., a Texas state prisoner, brought suit …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Mail, Mail Regulations
Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions by John E Dannenberg Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed and remanded the district court's grant …
Article • January 15, 2005 • from PLN January, 2005
Kansas Supreme Court Upholds Gift Subscription Ban by The Kansas Supreme Court ruled that the Kansas Department of Corrections' (KDOC) rule IMPP 11-101, which prohibits prisoners from receiving gift subscriptions to magazines and newspapers, does not violate the prisoners' constitutional rights under the First Amendment. Reversing the Kansas Court of …
Article • December 15, 2004 • from PLN December, 2004
Washington Supreme Court Rejects Federal Mail-Box Rule by The Washington State Supreme Court has rejected the federal mail-box rule, under which pro se prisoners' pleadings are deemed filed when they are given to prison officials for mailing to the court. This ruling was based on differences between state and federal …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • November 15, 2004 • from PLN November, 2004
Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit by By Matthew T. Clarke On March 16, 2004, the Fifth Circuit issued a per curiam opinion affirming the district court's termination of the 20-year-old consent decree which had regulated prisoner mail in the Texas Department of Criminal Justice (TDCJ). …
$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
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