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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 …
Washington Jail Settles Conditions Lawsuit by On October 6, 2003 officials in Jefferson County, Washington settled a class action lawsuit filed by a Jefferson County Jail prisoner. The suit alleged inhumane living conditions and resulted in sweeping changes in jail policy. On February 25, 2002 Shawn Orndorff, a prisoner at …
Article • August 15, 2004 • from PLN August, 2004
Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams In a case of first impression, the Third Circuit has held that the mailbox rule applies to administrative forfeiture proceedings. The Court also held that the failure to apply the …
Article • August 15, 2004 • from PLN August, 2004
Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely by Two different federal circuit appeals courts have interpreted provisions of Federal Rule of Appellate Procedure 4, which relates to the filing of notices of appeal. Both courts held the prisoners failed to comply with the …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Brief • July 20, 2004
Waterman v. McGuire, KS, Memorandum and Order, Mail Censorship, 2004 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) CRAIG E. WATERMAN, ) Plaintiff, v. COMMANDANT, United States Disciplinary Barracks, et al., Defendants. ) ) ) ) ) ) CIVIL ACTION No. 03-3415-CM ) ) ) ) …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Article • May 15, 2004 • from PLN May, 2004
Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography by The Court of Appeals of Indiana, partly reversing the Marion Superior Court, held that an Indiana Department of Corrections (DOC) prisoner can sue the DOC for its refusal to let him receive pornographic material. Jerry Montgomery is a DOC …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Mail, Mail Regulations
Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court by John E Dannenberg Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court by John E. Dannenberg In two independent but inconsistent rulings, Kansas Department of Corrections (KDOC) policy IMPP 11-101 (banning gift …
Article • April 15, 2004 • from PLN April, 2004
PLRA Fee Payments Cease Upon Release from Prison by PLRA Fee Payments Cease Upon Release from Prison The Fourth Circuit Court of Appeals held a prisoner who was granted in forma pauperis (IFP) status is not required to continue filing fee payments upon release from prison. Prisoner Keith William DeBlasio …
Article • April 15, 2004 • from PLN April, 2004
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
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